On Tuesday, January 20, 2026, the State of New Jersey adopted sweeping regulatory reforms as part of the Resilient Environments and Landscapes (REAL) Rule[1]. This milestone comes more than a year and a half after its original release for review and comment in August 2024, followed by substantial revisions in 2025 in response to concerns raised during the comment period. These reforms have big implications for new development or significant redevelopment projects throughout the state.
Background
The REAL Rule updates New Jersey’s land use regulations to improve resilience by accounting for the anticipated effects of climate change, particularly sea level rise and increased flood risks, in the permitting process. It is also intended to support green infrastructure and renewable energy development. These efforts are part of a larger state initiative, Protecting Against Climate Threats (NJ PACT).
Key Regulatory Changes
The revisions under the REAL Rule affect more than 10 other regulations, and incorporate a long list of amendments. The most significant revisions are to the Coastal Zone Management rules (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act rules (N.J.A.C. 7:7A), the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and the Stormwater Management rules (N.J.A.C. 7:8). Some of the key changes are highlighted below, but this list is by no means comprehensive.
- Creation of an Inundation Risk Zone, identifying areas at significant risk for future daily or permanent tidal flooding based on a projected four-foot sea level rise.
- Volumetric stormwater reduction requirements for new and expanded developments.
- Requirements to assess the effects of precipitation changes, flooding, and sea level rise on project design and ecological restoration.
- Changes to permit classifications for some activities (e.g., permit-by-rule, general permits, etc.).
- Updated dry access requirements for roads, railroads, and driveways.
- Expanded flood-proofing requirements for applicable structures.
Timeline
The revised regulations are effective immediately, with a 180 day “legacy” period that allows applications to be reviewed under the old regulations. The legacy period expires on July 20, 2026. NJDEP issued guidance[2] to assist applicants in determining whether their project will be subject to the NJ REAL regulations. Generally, applications must be submitted and deemed administratively complete before the legacy period ends in order to qualify under this provision, though specifics are provided in the guidance.
Regulated parties should carefully review the revised regulations to assess potential implications for their ongoing and planned projects.
[1] REAL adoption: https://dep.nj.gov/wp-content/uploads/njreal/real_adoption_courtesy.pdf
[2] REAL legacy provisions: https://dep.nj.gov/wp-content/uploads/njreal/real-legacy-provisions_20250120.pdf