With the fast-approaching July 20, 2026 deadline for new projects to avoid NJDEP’s Resilient Environment and Landscapes (“REAL”) rules by submitting a complete application to NJDEP, concurrent resolutions have been introduced in both Houses of the Legislature declaring those rules inconsistent with legislative intent. More specifically, the Senate introduced Senate Concurrent Resolution No. 106 (“SCR-106”) on February 24, 2026 and the Assembly pre-filed Assembly Concurrent Resolution NO. 59 “ACR-59” on January 13, 2026 for introduction in the 2026 legilsative session.

The REAL rules make dramatic changes to New Jersey’s already stringent flood hazard rules by increasing the regulated flood hazard elevation to four feet and changing stormwater and coastal development standards based on greatly criticized predictions of future conditions. The Senate resolution notes that the NJDEP adopted the REAL rules in the January 20, 2026 New Jersey Register (58 N.J.R. 247(a)), and states that they “make sweeping changes to various DEP rules and programs in response to climate change,” noting that the REAL rules drastically increased the size of Flood Hazard Areas under the Flood Hazard Area Control Act (“FHACA”) and significantly change the State’s stormwater management, wetlands conservation, and coastal area protection rules.

Both houses of the Legislature asserted that the laws relied upon by NJDEP have not been amended in decades and therefore could not have been intended to authorize rules to mitigate climate change. Both resolutions noted that those laws, “have not been amended for at least 40 years” and therefore the Legislature could not possibly have intended them to authorize the DEP’s rulemaking on climate change, since the issue was unheard of 40 years ago. The Senate resolution also asserts that NJDEP exceeded its constitutional authority in adopting the rules.

Overall, the Legislature’s concern is that the REAL rules substantially expand the flood hazard, stormwater, wetlands, and coastal programs, with significant consequences for development and property rights. The Senate resolution states that the rules “will have substantial effects on ordinary New Jerseyans, by limiting development rights for countless homeowners and property owners, devaluing property, and having a significant impact on property tax assessments.” Additional concerns noted include the increase in cost of housing and disincentives to redevelopment.

At this stage, the introduction of the concurrent resolutions is the first step in the legislative review process. Both resolutions rely on Article V, Section IV, Paragraph 6 of the New Jersey Constitution, which provides the Legislature with authority to review administration regulations and determine whether they are consistent with legislative intent. If the Legislature determines that a rule conflicts with legislative intent, the New Jersey Constitution establishes a specific process requiring formal notice to the executive branch. Once the Legislature adopts and transmits such a concurrent resolution, the agency has 30 days to amend or withdraw the rule. If the agency does not amend or withdraw the existing or proposed rule or regulation, the Legislature may invalidate that rule or regulation, in whole or in part.

Both Houses of the Legislature must first adopt a concurrent resolution declaring that the REAL rules are inconsistent with legislative intent througth SCR-106 and ACR-59. A joint hearing on the issue has been held and the formal record was closed on April 29, 2026. All public comment and testimony from the hearing will be posted on the Legislature’s website under the Senate Environment and Energy Committee. If a concurrent resolution is adopted after the hearing process, it will be transmitted to the Governor and NJDEP Commissioner, and NJDEP will have 30 days to amend or withdraw the REAL rules. If NJDEP does not revise the rule, the Legislature may adopt a second concurrent resolution invalidating the rule in whole or in part.

During this process, the public, including significant stakeholders, may submit comments directly to the members sponsoring SCR-106 and ACR-59, including: Senator Nicholas P. Scutari; Senator John J. Burzichelli; Senator Michael L. Testa Jr.; and Assemblyman Antwan L. McClellan. Their contact information can be found here. Contact us to learn more about these rules and the public comment process.