In August 2024, the NJDEP introduced the Resilient Environments and Landscapes (REAL) rule amendment package as part of the Protecting Against Climate Threats (NJPACT) initiative. These rules are meant to reform New Jersey’s environmental land-use regulations by including current and projected climate-change impacts, such as sea-level rise, chronic flooding, and extreme weather, into all major permitting and land-use processes. The REAL package also updates key NJDEP regulatory structures, including the Coastal Zone Management rules (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act rules (N.J.A.C. 7:7A), the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and the Stormwater Management rules (N.J.A.C. 7:8).

On January 20, 2026, the outgoing Murphy administration adopted the REAL rules and introduced the legacy provisions. Under these provisions, applications submitted before this date may be reviewed under the previous regulations for 180 days, until July 20, 2026. This temporary period allows applicants to adjust to new climate-based standards, minimizes disruption to ongoing projects, and gives design professionals time to revise plans as needed.

The REAL rules impact a broad range of applicants in New Jersey, including homeowners, developers, municipalities, coastal property owners, and operators of critical facilities. Commercial and industrial developers must now meet stricter siting, stormwater management, and environmental review requirements. Projects that previously qualified for permits-by-rule now require full technical review and must incorporate green infrastructure and future rainfall projections. Municipalities and public agencies must ensure infrastructure projects meet climate-adjusted standards, unless exempt, and that local review processes align with new state requirements. Homeowners and residential builders in flood-prone or coastal areas must meet higher elevation and flood-resilience standards, such as constructing new or substantially improved homes four feet above FEMA’s base flood elevation and complying with expanded flood-hazard permitting and new Inundation Risk Zone requirements. These requirements include risk assessments, alternative analyses, and formal recognition of future inundation risk.

As of March 2026, the adoption of the REAL rules has generated significant criticism. Local officials in several shore communities have questioned the practicality of the new requirements, while the New Jersey Builders Association and the New Jersey Business & Industry Association have filed a notice of appeal challenging the regulations, citing increased development costs, reduced housing supply, and potential negative effects on property values. These organizations have also endorsed a bipartisan Senate resolution, led by Senate President Nick Scutari, seeking to repeal the rules. Under the proposed legislative process, the Department of Environmental Protection would have 30 days to amend or withdraw the rules; if it does not, the Legislature could proceed with an additional resolution to invalidate them in whole or in part.