Kaeli Brennan, ELR Staff Member, Class of 2027 

With half a million acres of New Jersey’s coastline classified as highly vulnerable to coastal hazards such as erosion, harmful algal blooms, big storms, flooding, tsunamis, and sea level rise, the New Jersey Department of Environmental Protection (“NJDEP”) has proposed new environmental protection rules to better support New Jersey communities, residents, and businesses against a changing climate. As a coastal state, New Jersey is increasingly impacted by high-tide flooding, accelerating coastal erosion, and intense storms due to climate change. Scientists estimate that 98% of New Jersey’s coastline is projected at medium or very high risk to sea level rise, potentially leading to chronic flooding in approximately 62,000 coastal homes by 2050 if no protections can be implemented. As a result of rising sea levels, almost two-thirds of New Jersey’s coastline is at a high or very high risk of coastal erosion which is the process by which local sea level rise, strong wave action, and coastal flooding wear down or carry away rocks, soils, and/or sands along the coast. To combat this erosion, New Jersey has implemented various safeguarding measures, such as beach replenishment programs. However, this vulnerability is further compounded by the possibility that several Jersey Shore beach replenishment projects are on hold this offseason due to cuts in federal funding under the Trump administration. Without these projects, the need for stronger climate resilience measures will be even greater. To combat coastal erosion, New Jersey has implemented various safeguarding measures such as beach replenishment programs.

On August 5, 2024, the NJDEP published its long-anticipated Resilient Environments and Landscapes (“REAL”) rule proposal in the New Jersey Register as part of Governor Murphy’s NJ Protecting Against Climate Threats (“NJ PACT”) initiative. The REAL rule proposal marked a significant step toward safeguarding New Jersey residents from the impacts of climate change, but it drew criticism from both sides with environmental advocates arguing it did not go far enough and developers contending it was overly restrictive. Many real estate developers and business groups, including the New Jersey Business & Industry Association, were outspoken about the potential harm the rules would impose on coastal towns by limiting urban redevelopment. In response, on July 14th, 2025, NJDEP announced that they would adopt the REAL rules proposed in 2024 with changes responsive to public comment and stakeholder feedback. The NJDEP published a Notice of Substantial Change on July 21, 2025 that significantly revised its proposed REAL rules to impose new development restrictions  mitigating coastal flooding. 

The proposed changes to the REAL rules include, but are not limited to: revising the elevation requirement for new or substantially improved buildings and infrastructure, stating that the NJDEP will review the sea-level rise and precipitation data every five years and adjust the regulations accordingly, expanding a legacy provision allowing ongoing projects to continue under current regulations, and including affordable housing as a “compelling public need” eligible for the Flood Hazard Area Control Act rules’ “hardship exception” process. The Flood Hazard Area Control Act rules allow applicants to request a hardship exception from strict compliance in limited cases such as the now included affordable housing exemption. The revised REAL proposal formally codifies affordable housing developments as serving a compelling public need, providing a defined basis for considering hardship exceptions under the Flood Hazard Area Control Act in a state where the average rent is about 38% more than the national average. The affordable housing development exemption aligns flood hazard protections with environmental safeguards while furthering the objectives of New Jersey’s landmark 2020 Environmental Justice Law which requires the NJDEP to evaluate environmental and public health impacts of certain facilities on overburdened communities (OBCs) when reviewing certain applications.

The Notice of Substantial Change was followed by a second 60-day comment period before final adoption, which closed on September 19, 2025. With final rulemaking anticipated by the end of January 2026, New Jersey is poised to meaningfully strengthen statewide climate resilience. In doing so, the State continues to demonstrate national leadership in advancing climate adaptation policies that protect communities and natural resources while still enabling essential economic development and the expansion of affordable housing. The forthcoming rule adoption reflects a pragmatic approach that reconciles the need for environmental protection against the realities of climate change and the socio-economic reality for the state through exceptions for accessible housing and ongoing development.