NJDEP Scales Back & Delays Adoption of REAL Coastal Flood Rules
The New Jersey Department of Environmental Protection (NJDEP) announced that they will be making substantial changes to the Resilient Environments and Landscapes (REAL) Rules proposed in 2024, in response to feedback received during the public comment period. The REAL Rules are proposed amendments to New Jersey’s land resource protection regulations designed to address climate change impacts like sea-level rise and flooding. Due to these substantial changes announced this week, the issuance of the REAL Rules originally due by August 4 will be delayed, allowing for the required 60-day public comment period and additional public hearings to be held in September 2025.
To provide additional information to the public, the NJDEP will record a webinar and post it on July 18. The Notice of Substantial Changes will be published in the upcoming July 21, 2025 New Jersey Register. The main changes to the REAL Rules include:
- Reducing the rise of the coastal zone flood elevation and inundation risk zone to four feet above the Federal Emergency Management Agency (FEMA) base flood elevation, which is one foot lower than the originally proposed five feet.
- Including additional provisions for grandfathering projects under the existing rules, allowing projects for which the applicant submits a complete application to the DEP within 180 days of REAL’s effective date to be grandfathered under the current regulations.
- Providing additional guidance and flexibility for safe (dry) access during flood conditions under the requirements for buildings and roadways for multi-residence and critical buildings to address the impracticability of elevating public infrastructure.
- Providing eligibility for medium- and low-income housing development projects for approval under hardship exceptions through an expansion of the “compelling public need” exemption, allowing for more relaxed standards, granted public safety is not jeopardized.
- Removing the Inundation Risk Zone (IRZ) from the list of special areas limited to 3% impervious cover under the Coastal Area Facility Review Act (CAFRA).
Based on these substantial changes and required public comment process, the adoption of the REAL Rules is now anticipated to be delayed until January 2026, providing approximately one additional year to apply for permit approvals under the current regulations. Please click here to review the full news release from the NJDEP.
Need help navigating how these changes to the NJDEP’s REAL Rules could impact your permitting requirements? With nearly forty years of experience in New Jersey, Roux’s experts have vast knowledge of the NJDEP permitting process. To reach out to us, please complete the form below.
