The New Jersey Department of Environmental Protection (NJDEP) has officially published a Notice of Substantial Change (NOSC) to its proposed Resilient Environments and Landscapes (REAL) rules, marking a key step in the state’s effort to modernize land use and floodplain standards in response to sea level rise and extreme weather.

The notice was published in the July 21, 2025, edition of the New Jersey Register and outlines significant revisions to the original proposal first released in August 2024. These changes reflect feedback from nearly 3,000 public comments submitted during the initial review period.

Why This Matters

The REAL rulemaking initiative represents one of the most comprehensive updates to New Jersey’s coastal and floodplain regulations in decades. It addresses the following:

• Sea level rise projections,
• Floodproofing and elevation standards,
• Road access in flood zones,
• Legacy project exemptions,
• Affordable housing protections.

The NOSC gives the public a new opportunity to weigh in on the revised proposal before it becomes final.

---

Updated Timeline at a Glance

• Notice Published: July 21, 2025 (New Jersey Register)
• New Public Comment Period: July 21 – September 19, 2025 (60 days)
• Virtual Public Hearing: September 3, 2025
• Final Rule Adoption: Expected January 2026

---

Key Changes in the Revised Rules

Some of the substantial modifications reflected in the notice include:

• Reducing elevation requirement from FEMA BFE + 5 feet to BFE + 4 feet. One foot of freeboard above the BFE is still required for structures.
• Clarifying that the entire Inundation Risk Zone will not be subject to a 3% impervious limit by removing the Inundation Risk Zone from the list of special areas the Department will seek to designate as critical environmental sites under CAFRA. 
• Clarifying dry access requirements, particularly for non-tidal areas, offering more flexibility for certain road and building projects.
• Expanding hardship exemptions for affordable housing and small-scale renovations.
• Proposing a Legacy (Grandfathering) Application Window: Projects in planning prior to rule adoption have 180 days post-adoption to submit a complete application to be reviewed under current (pre-REAL) rules. Definition of Complete Application: For CAFRA, “complete” means ready for public comment or hearing, not necessarily having completed those steps.

---

Next Steps

The DEP urges local governments, developers, planners, and residents in flood-prone areas—to:

• Review the revised rules, now available through the NJ Register.
• Submit comments by September 19, 2025.
• Attend the virtual public hearing on September 3 to voice feedback directly.

This extended comment period ensures that residents and professionals have adequate time to evaluate the updated rule framework and its potential impacts.

---

Stay Informed:

Subscribe to NJDEP updates or contact your local floodplain coordinator for more information about how the REAL rules may affect your community or projects.