By Nicholas Talvacchia and Benjamin Ojserkis
After an extended period of review and public comment, on Jan. 20, 2026 — the final day of Gov. Phil Murphy’s administration — the New Jersey Department of Environmental Protection (NJDEP) officially adopted amended Resilient Environments and Landscapes (REAL) rules. The new rules are intended to address climate change and the associated impacts of sea-level rise and increased flooding risks by significantly amending the existing Coastal Area Facility Review Act (CAFRA) rules, Freshwater Wetlands Protection Act rules, Flood Hazard Area Control Act rules, and Stormwater Management rules.
The REAL rules are widely regarded as one of the most ambitious regulatory efforts addressing climate change and are expected to significantly affect nearly all aspects of development in the state’s coastal regions.
Base Flood Elevation Change
The most controversial component of the REAL rules is the requirement that new structures in certain coastal areas be constructed at least four feet above the Federal Emergency Management Agency (FEMA) base flood elevation. This requirement was the subject of extensive public scrutiny and represents a reduction from the originally proposed five feet.
In addition, the REAL rules require NJDEP to re-evaluate sea-level rise projections every five years and adjust the regulations as necessary. As a result, the current four-foot elevation requirement may be increased in the future.
Legacy Grandfather Provision
The amended REAL rules include a “legacy” grandfather provision that allows certain applications deemed “technically complete” on or before July 20, 2026, to be reviewed under the prior regulatory framework.
Given the anticipated impacts of these rules on development — including the potential to render some projects impractical — many developers are expected to make a concerted effort to have applications deemed technically complete before the July 20 deadline.
Cooper Levenson Guidance and Ongoing Monitoring
The Cooper Levenson Land Use Department will continue to closely monitor the implementation, interpretation, and evolving impacts of the REAL rules. Our team is available to assist developers, property owners, and municipalities in navigating these regulations and understanding how they may affect current and proposed projects, including strategies for compliance and project feasibility under the amended framework.
Contact Nicholas Talvacchia, Esq. at (609) 572-7544, ntalvacchia@cooperlevenson.com or Benjamin Ojserkis, Esq. at (609) 572-7550, bojserkis@cooperlevenson.com
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.