On January 20, the DEP adopted the amendments to the NJPACT Resilient Environments and Landscapes (REAL) Rules. The adoption incorporates the August 2024 proposal and the July 2025 Notice of Substantial Change. This adoption significantly amends the Coastal Zone Management rules, the Freshwater Wetlands Protection Act rules, the Flood Hazard Area Control Act rules, and the Stormwater Management rules. In addition to changes in flood areas to account for sea-level rise and requiring higher elevations and improved stormwater management, the amended rules contain several regulations that allow certain applications to be reviewed under the previous regulations for 180 days after the REAL rules’ adoption (referred to as “legacy” provisions). The legacy period expires on July 20. The DEP will be providing a document on guidance that explains the rules’ legacy provisions, which will be available on the agency’s website.
The League expressed concerns about this proposal during the comment period. Municipalities are still encouraged to review the adopted REAL rules to better understand how these changes would impact their community.
The DEP’s previous REAL Rules publications can be accessed on their website. You can also review the League’s previous blog posts.
Contact: Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, x137.