The N.J. Department of Environmental Protection Monday proposed rules that would make it the first state to modernize land-resource protection regulations to address the current and future impacts of a changing climate.  

The announcement in the New Jersey Register focuses on the long-term economic viability of communities while protecting current landscapes and developments for future generations.

The comprehensive update to land-use regulations would help communities, residents and businesses build and strengthen their resilience to sea-level rise, extreme weather, chronic flooding and other impacts through a suite of updates known as the Resilient Environments And Landscapes (REAL) reforms. REAL was developed with extensive stakeholder consultation.

A 90-day public comment period commences upon publication of the rule proposal in the New Jersey Register, and three public hearings are planned. A courtesy copy of the REAL proposal may be viewed online.

The first hearing will be in-person, followed by two virtual hearings:

• Thursday, Sept. 5 at 6 p.m., Ocean County College, Gateway Lecture Hall #104 (Bldg. #101), College Drive, Toms River
• Thursday, Sept. 12 at 2 p.m. Click Here to Join
• Thursday, Sept. 19 at 10a.m. Click Here to Join 

In addition to more than 50 stakeholder meetings over four years, an extensive public outreach process to present the upcoming REAL proposal to the general public began in May, with DEP holding four public webinars to explain the proposed rulemaking. The webinars may be viewed at www.dep.nj.gov/njreal/webinars.

Rule Origins

REAL is part of the New Jersey Protecting Against Climate Threats suite of regulatory reforms stemming from Governor Murphy’s Executive Order 100 implemented in 2020. 

The REAL reforms are based on the best available and New Jersey-specific climate science to update the state’s existing flood hazard, stormwater, coastal zone and freshwater wetland regulations statewide while also improving water quality, flood protections and addressing issues of particular concern to overburdened communities.

REAL is also targeted to improve water quality in highly urbanized communities developed before modern flood and water quality protections were established. As these communities redevelop, the REAL rule will require applicants to address water quality and flooding issues, both critical issues in light of a changing climate.

The main flood protection components of REAL would apply to certain new construction and redevelopment activities. Existing developments would not be impacted. Pending development projects would also not be affected if the developer submitted applications to the department that are complete for review prior to adoption of final rules.

The proposed rule is also forward-looking and contains specific provisions for coastal areas that will be subject to periodic flooding in the future as coastal storms increase in intensity, as well as areas that will be subject to permanent inundation as sea levels rise. The key elements of the proposed rule would: 

• Create an “Inundation Risk Zone,” which encompasses land currently above sea level likely to be inundated either permanently or twice daily during high tides over the life of a proposed development. New or improved residential buildings, critical buildings, and critical infrastructure will be required to account for increased flood risk.
• Adjust tidal flood hazard areas to reflect the likely increase to five feet above current sea level by the end of the century. This metric is based upon the best available New Jersey-specific sea-level rise data.
• Align with the National Flood Insurance Program’s (NFIP) minimum standards, to ensure that DEP permit standards or authorizations for a site are as protective as federal standards, as established in each community’s rule or floodplain ordinance. 
• Enhance water quality and reduce flooding by implementing stormwater management practices in areas where stormwater is not adequately managed.
• Improve DEP permitting processes to better track authorizations and permits from the start of construction to project completion.

For an NJPACT REAL Myths and Facts page, visit: https://dep.nj.gov/njreal/facts/

For climate change related impacts, statistics and metrics, visit https://storymaps.arcgis.com/collections/311582f534fd485faccda6fd7f3a0519?item=1