The impacts of climate change have prompted the State of New Jersey to reevaluate its laws surrounding construction. A new set of NJDEP regulations, the Resilient Environments and Landscapes (“REAL”) Rules, took effect on January 20, 2026. The aim of these new regulations is to enhance resilience to sea-level rise, extreme weather events, chronic flooding, and other climate-related impacts on new and existing structures.
These regulations are expected to significantly affect land use development in the Garden State, including new development, redevelopment, and substantial improvement projects located within designated coastal flood hazard areas in New Jersey. The rule changes modify several requirements that directly influence the planning, design, and construction process. Below are a few of the most important provisions in the new 2026 NJDEP REAL coastal development rules, and how they might impact your construction project.
The rules revise coastal flood hazard areas by introducing a Climate Adjusted Flood Elevation (CAFE), defined as FEMA’s 100-year flood elevation plus an additional four feet to account for projected sea-level rise. Adoption of this standard significantly expands NJDEP-regulated flood hazard areas statewide.
To address long-term residential flooding, the regulations establish Inundation Risk Zones (IRZs), which identify areas expected to experience permanent standing water due to sea-level rise. NJDEP anticipates that properties within IRZs will ultimately become permanently inundated, significantly restricting future development and redevelopment.
The updates strengthen water quality protection requirements by mandating upgrades to stormwater treatment facilities for reconstructed parking lots. Projects discharging runoff to Category One (C1) waters are required to achieve 95% Total Suspended Solids (TSS) removal, with increased emphasis on the use of small-scale green infrastructure best management practices.
Revisions to freshwater wetlands regulations include new requirements for vernal habitat assessments under Freshwater Wetlands General Permit 6A. Additionally, redevelopment projects seeking transition area waivers would be required to remove impervious surfaces located within 25 feet of freshwater wetlands.
There is a 180-day grandfathering period for projects that have complete applications, which were filed within six months of the rules’ effective date. In these cases, the applications will be reviewed under previous regulatory requirements.
Some projects that fill a “compelling public need” are available for hardship exemption from the new rules. It’s not fully clear what does and does not qualify as a compelling need, but affordable housing developments are specifically called out as qualifying for this exemption.
If you are planning a project that may be affected by these regulatory updates, LAN Associates has a qualified team of architects, engineers, environmental, and land use professionals who can help you evaluate potential impacts and navigate the permitting and design process.
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