By Nicholas Talvacchia and Benjamin Ojserkis
On May 29, 2026, the New Jersey Department of Environmental Protection (NJDEP) announced it will propose a rule to extend the “legacy” period under the NJPACT REAL (Resilient Environment and Landscapes) rules by one year — from July 20, 2026 to July 20, 2027.
The REAL rules adopted January 20, 2026 significantly expanded environmental land use requirements to address flooding and climate change. The REAL rules contained a “legacy” provision allowing projects to proceed under the previous standards as long as a complete application was submitted by July 20, 2026. Meeting the July 20 proved difficult causing significant pushback from the development community, which the extension appears intended to address.
Note the extension does not delay or suspend the REAL rules instead it provides additional time to pursue “legacy” eligibility.
A formal rule proposal is scheduled for publication in the New Jersey Register on June 1, 2026. A 60-day public comment period through July 31, 2026 and a public hearing on July 7, 2026. NJDEP may then adopt the rule with or without changes, effective upon publication of a notice of adoption.
The Cooper Levenson Land Use Department will continue to monitor these developments. 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.