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New Jersey’s Resilient Environments and Landscapes (REAL)…
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27 January 2026
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From its founding Manko, Gold, Katcher & Fox (MGKF) has embraced a core set of principles: providing high quality legal services; understanding our clients’ businesses; handling complex, cutting-edge matters, regionally and nationally; creating a professional, collegial work environment; holding ourselves to high ethical standards; and combining our legal and technical services in a multi-disciplinary approach. All of these principles aim towards our singular goal: exceptional client service.
New Jersey’s Resilient Environments and Landscapes (REAL) rule has undergone some significant changes since last discussed in our 2025 New Jersey Forecast. The original REAL rule, proposed on August 5, 2024...
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New Jersey’s Resilient Environments and Landscapes (REAL) rule has undergone some significant changes since last discussed in our 2025 New Jersey Forecast. The original REAL rule, proposed on August 5, 2024 (the “2024 Rule Proposal”), made notable changes to the current regulatory scheme in order to aggressively address coastal flooding impacts driven by climate change. The 2024 Rule Proposal received thousands of comments and substantial pushback from the public, municipalities, and industry alike, and on July 21, 2025, the New Jersey Department of Environmental Protection (NJDEP) published a Notice of Substantial Change (NOSC) significantly amending the 2024 Rule Proposal to address widespread concerns. The 2024 Rule Proposal, including the provisions contemplated under the NOSC, were adopted on January 20, 2026.
The NOSC amended the 2024 Rule Proposal in a number of key ways:
**Sea-Level Rise **The NOSC reflects a likely four (4) feet of sea-level rise by 2100 where the 2024 Rule Proposal reflected a likely sea-level rise of five (5) feet by 2100. This change reflects predictions from updated climate models and reduces the tidal climate-adjusted flood elevation, the extent of flood hazard area jurisdiction, and the extent of the proposed Inundation Risk Zone (IRZ). It would also allow buildings in flood zones to be constructed one-foot lower than contemplated under the 2024 Rule Proposal. NJDEP will also revisit sea-level rise and precipitation predictions upon which the REAL rule is built every five (5) years from the effective date of the rulemaking to ensure that the rule reflects the most-current science.
Dry Access Current Flood Hazard Area Rules require that all new multi-residence buildings be served by at least one roadway with a travel surface constructed at least one foot above the flood hazard area design flood elevation. The 2024 Rule Proposal would have made that elevation requirement more onerous. The NOSC provides additional clarity for construction projects in various types of flood zones and allows developers to apply to NJDEP for relief from these requirements under certain conditions.
Inundation Risk Zone Under the 2024 Rule Proposal, certain tidal flood hazard areas expected to be underwater, either permanently or twice a day at high tide, by the year 2100 were designated as being within an IRZ. Properties within this IRZ would have been required to have a maximum of three percent impervious cover. The NOSC removed this requirement, instead relying on a requirement that NJDEP evaluate the State Planning Commission’s actions (including planning for future climate conditions and managing coastal resources in a manner protective of public health) to meet the spirit of this requirement.
Grandfathering The NOSC provides that major development applications deemed complete within 180 days of the REAL rule’s effective date (or by July 19, 2026) can be reviewed under the prior version of the applicable regulations, whereas the 2024 Rule Proposal would have taken effect immediately upon adoption.
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