- within Energy and Natural Resources topic(s)
New Jersey's Resilient Environments and Landscapes (REAL) rule has undergone some significant changes since last discussed in our 2025 New Jersey Forecast. The original REAL rule, proposed on August 5, 2024 (the “2024 Rule Proposal”), made notable changes to the current regulatory scheme in order to aggressively address coastal flooding impacts driven by climate change. The 2024 Rule Proposal received thousands of comments and substantial pushback from the public, municipalities, and industry alike, and on July 21, 2025, the New Jersey Department of Environmental Protection (NJDEP) published a Notice of Substantial Change (NOSC) significantly amending the 2024 Rule Proposal to address widespread concerns. The 2024 Rule Proposal, including the provisions contemplated under the NOSC, were adopted on January 20, 2026.
The NOSC amended the 2024 Rule Proposal in a number of key
ways:
Sea-Level Rise
The NOSC reflects a likely four (4) feet of sea-level
rise by 2100 where the 2024 Rule Proposal reflected a likely
sea-level rise of five (5) feet by 2100. This change reflects
predictions from updated climate models and reduces the tidal
climate-adjusted flood elevation, the extent of flood hazard area
jurisdiction, and the extent of the proposed Inundation Risk Zone
(IRZ). It would also allow buildings in flood zones to be
constructed one-foot lower than contemplated under the 2024 Rule
Proposal. NJDEP will also revisit sea-level rise and precipitation
predictions upon which the REAL rule is built every five (5) years
from the effective date of the rulemaking to ensure that the rule
reflects the most-current science.
Dry Access
Current Flood Hazard Area Rules require that all new
multi-residence buildings be served by at least one roadway with a
travel surface constructed at least one foot above the flood hazard
area design flood elevation. The 2024 Rule Proposal would have made
that elevation requirement more onerous. The NOSC provides
additional clarity for construction projects in various types of
flood zones and allows developers to apply to NJDEP for relief from
these requirements under certain conditions.
Inundation Risk Zone
Under the 2024 Rule Proposal, certain tidal flood hazard areas
expected to be underwater, either permanently or twice a day at
high tide, by the year 2100 were designated as being within an IRZ.
Properties within this IRZ would have been required to have a
maximum of three percent impervious cover. The NOSC removed this
requirement, instead relying on a requirement that NJDEP evaluate
the State Planning Commission's actions (including planning
for future climate conditions and managing coastal resources in a
manner protective of public health) to meet the spirit of this
requirement.
Grandfathering
The NOSC provides that major development applications deemed
complete within 180 days of the REAL rule's effective date (or
by July 19, 2026) can be reviewed under the prior version of the
applicable regulations, whereas the 2024 Rule Proposal would have
taken effect immediately upon adoption.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
