New Jersey’s Resilient Environments and Landscapes (“REAL”) rules were initially proposed by the New Jersey Department of Environmental Protection (“NJDEP”) in 2024 and underwent extensive public comment from municipalities, commercial developers, utilities, and housing advocates who were concerned about feasibility, cost, and grandfathering protections. In response to those comments, NJDEP issued a Notice of Substantial Change (“NOSC”) on July 21, 2025, reopening the rulemaking process for additional comments and revisions until September 2025.

Due to the scope of the revisions and the required comment period, NJDEP delayed formal adoption beyond its original 2025 summer target. NJDEP now aims to adopt the REAL rules in early 2026.

Once adopted, the rules will include a 180-day legacy (grandfathering) period across multiple permitting programs, including the Coastal Zone Management (“CZM”) rules (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act (“FWPA”) rules (N.J.A.C. 7:7A), the Stormwater Management (“SWM”) rules (N.J.A.C. 7:8), and the Flood Hazard Area Control Act (“FHACA”) rules (N.J.A.C. 7:13). Under the NOSC, projects may proceed under existing standards if a technically and administratively complete application is submitted within 180 days of the REAL rules’ effective date.

The NOSC also revised key technical requirements, including reducing the proposed climate-adjusted flood elevation (“CAFE”) increase from five feet to four feet above FEMA’s 100-year flood elevation. Once adopted, the REAL rules will require NJDEP to reassess science-backed climate standards every five years, meaning regulatory requirements may continue to evolve.

Given the complexity of the new standards and the limited grandfathering window, early legal and permitting strategies will be critical to preserving project timelines and approvals. Contact us to learn more about these rules and how they may affect development projects.