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The basics:

• NJDEP lowers proposed flood elevation from 5 feet to 4 feet
• REAL rule updates follow nearly 3,000 public comments
• New provisions add flexibility for pipeline projects
• 60-day comment period begins July 21 with fall hearing ahead

In response to a “significant” outpouring of feedback, the New Jersey Department of Environmental Protection revealed updates to its proposed Resilient Environments and Landscapes – or REAL – flood rules.

During a briefing with reporters, NJDEP said it will publish a Notice of Substantial Changes in the July 21 New Jersey Register. According to officials, the move presents the best path forward to respond to concerns and suggestions received during the preceding public comment period.

The changes aim to leverage that feedback and meet people where they are, as well as provide clarity, NJDEP Commissioner Shawn LaTourette said. Chief among them is a lowering of coastal flood-elevation standards – a particular sticking point among commercial real estate professionals – and an attempt to provide clarity around certain other provisions.

First proposed in 2024, the rules had been set to go into effect at the end of this summer — had NJDEP not made any changes.

What’s new

Under the update, the originally proposed elevation requirement – 5 feet on top of FEMA’s base flood elevation – would decrease to an added 4 feet. The revised projections are based on updated predictions of likely global temperature increases released after the 2019 Rutgers University Science and Technical Advisory Panel Report.

According to the agency, this change effectively shrinks the amount of additional coastal land that would be subject to building safety standards in New Jersey’s Flood Hazard Area Control Act.

Another important industry point: The updates would also allow more time for pipeline projects to qualify for consideration under current rules.

Beyond the elevation updates, officials highlighted five changes:

• Revise the extent of the proposed inundation risk zone. Incorporates land that lies above sea level today, but will be permanently inundated with the projected 4-foot increase in sea levels
• Continued evaluation. Provides that NJDEP will revisit the sea-level rise and precipitation data in the rule every five years and amend regulations if appropriate
• Grandfathering. Expand provisions in the flood hazard, stormwater, coastal zone and freshwater wetland regulations to subject projects that submit complete applications within 180 days of REAL’s effective date (projected for July 2026) to today’s pre-adoption standards
• Additional info. Offer more detail and “appropriate flexibility” for dry access design and construction standards for buildings and roads to ensure reliable vehicular access to buildings in flood hazard areas
• Clearing the air. Clarify that low- and moderate-income housing projects are eligible for review under the Flood Hazard Area Control Act rules’ “hardship exception.” This allows relaxation of certain standards where public safety is not jeopardized

Be heard

NJDEP said it received nearly 3,000 comments on the original proposal. According to officials, the move to issue the Notice of Substantial Change “is pretty unusual.” Representatives during the media event said they believe the last time this department made this kind of move was about a decade ago.

After publication of the Notice of Substantial Change for the REAL rules, a 60-day public comment period will commence. Additionally, one public hearing will take place in September. The session will allow for oral as well as written public comment, NJDEP said.

According to NJDEP, the reforms aim to protect lives, property and infrastructure, while also preserving the economic vitality of coastal communities in the face of a changing climate.

Outreach on the REAL proposals began in February 2020. In May 2024, the state unveiled plans to revise environmental land use rules in response to the effects of climate change. At the time Gov. Phil Murphy described the REAL reforms as “a critical component” of the administration’s strategy.

Since, it’s faced pushback from the business community over concerns with compliance and the extent of proposed changes.

“When we submitted our comments and revisions to the REAL rule proposal, our goal was for the DEP to recognize that a more balanced approach was necessary. We also addressed a number of detailed technical issues. The presentation we heard today appears to be a step in the right direction but we are reserving judgment until we can review the detailed language of the proposal,” NAIOP New Jersey CEO Dan Kennedy noted to NJBIZ.

The commissioner also said the updates respond to feedback from the areas they would impact the most.

“Now we are hearing from our coastal communities that they are comfortable with a higher level of risk and we need to consider that and how we move forward,” he said.

Getting REAL

Speaking on July 14, LaTourette described REAL endeavor as, “an effort to modernize our state administered land resource protection rules with the goal of better assisting our communities, our businesses, our residents in building their resilience to the impacts of climate change that we cannot avoid. There are worsening impacts from sea level rise, extreme weather, chronic flooding, and other considerations like storm surge and such.”

The announcement came at an interesting time, preceding flash flooding and heavy rains that spurred Gov. Phil Murphy to declare a state of emergency later on July 14.

According to the commissioner, two-thirds of the New Jersey coast is already at high risk to very high risk for erosion. Meanwhile, he said, 98% of the coastline is at medium or very high risk to sea level rise. Additionally, nearly half a million acres is highly vulnerable to a swath of coast hazards, LaTourette said.

Assistant Commissioner for Watershed and Land Management Jennifer Moriarty and State Floodplain Administrator Vincent Mazzei joined the commissioner during the media briefing.

“We need to address the concern or misimpression about the creation of no build zones, which are not a thing and never have been with respect to this rule,” LaTourette said. “We need to make sure that we are addressing the public needs of our residents and our communities, especially with respect to inclusionary and affordable housing production. And we need to make sure that projects that are in development, those in the pipeline if you will, are able to proceed as they were planned utilizing existing rules.”