By Nicholas Talvacchia and Ben Ojserkis
The New Jersey Department of Environmental Protection (NJDEP) announced earlier this week that it intends to modify the Resilient Environments and Landscapes (REAL) coastal flood rules it proposed in 2024. These changes come in response to substantial criticism and comment from the Public and Stakeholders.
The changes will be detailed in full in a Notice of Substantial Changes to be published in the July 21, 2025 edition of the New Jersey Register. Upon publication of the proposed Notice of Substantial Change for the REAL rules, a 60-day public comment period will commence. One virtual public hearing, expected in September, will be held to allow for oral as well as written public comment. Final adoption is slated for January of 2026.
Some of the changes the NJDEP has announced to the REAL rules so far include:
- The proposed changes will lower the coastal zone flood-elevation for new and substantially improved buildings and infrastructure from the originally proposed 5 feet to 4 feet (above the FEMA base flood elevation).
- The proposed changes will enable projects to proceed under pre-existing NJDEP regulations if they reach certain planning, design, or permitting milestones by July 2026 (i.e., within six months of NJDEP’s intended adoption of the REAL rules).
- The proposed changes will expand provisions in the flood hazard, stormwater, coastal zone, and freshwater wetland regulations to allow projects for which the applicant submits a complete application to the NJDEP within 180 days of REAL’s effective date to be reviewed under today’s regulations.
Our Land Use, Zoning & Planning group will continue to monitor the adoption of the new NJDEP REAL Rules.
For more information on the NJDEP Real Rules or to see if your project may be affected, don’t hesitate to get in touch with Nicholas Talvacchia, Esq. at (609) 572-7544, ntalvacchia@cooperlevenson.com or Ben 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.