On January 20, 2026, the New Jersey Department of Environmental Protection (NJDEP) adopted the new Resilient Environments and Landscapes (REAL) rule amendments, which significantly amended New Jersey’s Coastal Zone Management rules, Freshwater Wetlands Protection Act rules, Flood Hazard Area Control Act (FHACA) rules, and Stormwater Management rules. The REAL rule amendments modernize these rules in response to climate change by considering risks such as sea-level rise, chronic flooding, and extreme weather. The amendments also facilitate climate resilience by supporting green infrastructure and renewable energy.
The REAL rule amendments created two new areas:
- An Inundation Risk Zone (IRZ), which encompasses currently dry land that is expected to be inundated by tidal waters daily or permanently by 2100. The IRZ includes all land that is lower than 4 feet above the Mean Higher High Water (MHHW) line elevation. New or improved residential buildings, critical buildings, and critical infrastructure within the IRZ will require an Inundation Risk Assessment, an On-Site Alternatives Analysis to avoid or minimize risks, and a Risk Acknowledgement.
- A Climate-Adjusted Flood Elevation (CAFE), defined by adding 4 feet to the Federal Emergency Management Agency (FEMA) 100-year flood elevation. The CAFE redefines the limit of flood hazard areas regulated under the FHACA rules, and as a result, expands the area within which development requires a flood hazard area permit/authorization from NJDEP. To the extent practicable, buildings and infrastructure within the flood hazard area must be constructed above the CAFE. The design and construction standards for regulated activities in a flood hazard area are summarized in the Flood Hazard Area Control Act Rules Technical Manual.
The figure below depicts the IRZ and CAFE relative to existing sea level and the FEMA 100-year flood elevation. The IRZ and CAFE can be viewed on NJDEP’s Land Resource Protection Web Mapping Application.
The REAL rule amendments also:
- Allow certain permit applications to be reviewed under the previous regulations for 180 days after the REAL rule’s adoption (this legacy period expires on July 20, 2026). See NJDEP’s Guide for Determining Which Rule Version Applies to Your Project.
- Add new stormwater management requirements. Stormwater basins and outfalls are generally required for residential or commercial projects that meet the definition of a “major development” under the Stormwater Management Rules. A major development is defined as any project that results in either the net addition of at least 0.25 acres of impervious surface or the disturbance of at least 1 acre of land.
- Do not affect FEMA flood mapping or require people to obtain flood insurance.
- Align the state’s floodplain management efforts with FEMA’s National Flood Insurance Program (NFIP) minimum standards to ensure permit standards and authorizations are no less protective than the NFIP minimum standards.
About the Expert
For more information about Epsilon’s capabilities or assistance with permitting coastal projects in New Jersey, contact Dwight Dunk, ddunk@epsilonassociates.com.
Dwight Dunk, LPD, PWS, BCES is a Principal with over 35 years of experience securing environmental approvals, primarily in the Northeast. He has applied his ecological and policy expertise to projects nationwide servicing federal, state, local, and private-sector clients. Dr. Dunk’s scientific expertise is in the fields of freshwater and coastal wetland ecology, while his permitting and policy expertise focuses on developing and implementing strategies to secure approvals for National Environmental Policy Act documents and state-level equivalents, as well as federal, state, and local environmental approvals.