NJDEP Increases Coastal Flood Elevations through Adoption of REAL Rules
Authored by: Jacqueline Fusco
On January 20, 2026, the day new governor-elect Mikie Sherrill was sworn in, the New Jersey Department of Environmental Protection (NJDEP) adopted the long-awaited Resilient Environments and Landscape (REAL) Rules. The focus of these rules is to promote resiliency along New Jersey’s coastlines and tidally influenced areas, and address sea level rise and climate change in development projects. As many people in the Garden State are aware, this now includes raising the regulated flood hazard elevations for tidal waters to four (4) feet above the 100-year flood hazard elevation established by the Federal Emergency Management Agency (FEMA), known as the Climate-Adjusted Flood Elevation (CAFE). This alone will bring a much larger area of the State into the jurisdiction of the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13).
Additionally, the REAL Rules implement changes to a long list of regulations, most notably those under the purview of the NJDEP Watershed and Land Management (WLM) division. From a land use permitting perspective, some of the most notable changes include:
- The establishment of the Inundation Risk Zone (IRZ), requiring stronger alternatives analyses, inundation risk assessments, and risk acknowledgement for residential buildings, critical buildings, and infrastructure.
- The requirement to provide an engineering certification and hydraulic calculations confirming the new development will not result in a net increase of the 100-year flood elevation.
- Stormwater management design and analysis will be required for all Major Projects requiring authorization under the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) and not just based on the extent of impacts specific to wetlands, wetland transition areas, and State open waters.
- The removal of impervious surface and replanting with native plants within 25 feet of freshwater wetlands will be required for projects requiring authorization under the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A).
- Riparian zone mitigation for all impacts within 150-foot riparian zones that individually or cumulatively exceed 2,000 square feet.
- The adoption of additional timing restrictions for in-water work to protect fishery resources.
There are many changes hidden in the details of the affected regulations with regard to General Permit conditions and limitations, mitigation requirements, and specific definitions that will affect permit applicability.
What does this mean?
Projects currently in the planning phase within the current or revised flood zone have a 180-day grace period from January 20, 2026 to exempt from the new Rule. To qualify, a permit application must be deemed administratively and technically complete by July 19, 2026, or the new rules will apply.
How can Roux help?
The revised timeline for the NJDEP’s REAL Rules could impact your permitting requirements. Roux’s experts have in-depth knowledge of the NJDEP permitting process. Our expertise extends to stormwater management design and analysis, land use and environmental permitting, and risk assessment, covering many of the land use permitting requirements. To reach out to us for more information, please complete the form below.
