Pause will engage public comment on the rule changes
TRENTON – Department of Environmental Protection Commissioner Ed Potosnak has announced that the DEP filed a rule making proposal to extend the legacy provisions of the Resilient Environment and Landscapes (REAL) rule by one year.
The DEP plans to engage the regulated community, local governments, nonprofits, and the public as part of a comprehensive review to identify targeted amendments to ensure these rules balance safety, community, development and infrastructure, and environmental goals and concerns. This includes protecting life and property, supporting new and resilient development, and improving government efficiency.
All three Downbeach communities have passed resolutions opposing the rule changes because they are too onerous on property owners and were adopted through the rule making process instead of by the Legislature.
“We are taking a close, comprehensive look at the REAL rules to ensure they reflect our core priorities of protecting lives and property, supporting responsible development, and improving government efficiency. This extension gives us time to meaningfully engage with local leaders, communities, and other stakeholders across New Jersey to get this right,” Gov. Mikie Sherrill said in a release.
“DEP is committed to stewarding a thoughtful and comprehensive review of the REAL rules that brings all stakeholders to the table and advances the Governor’s priorities of streamlining permitting, supporting new and resilient development, and protecting life and property,” Potosnak said. “We look forward to engaging closely with all stakeholders, so we can identify targeted improvements that will balance these priorities and deliver a framework that balances efficiency with safety.”
The proposal will be published in the New Jersey Register Monday, June 1.
REAL in Detail
The REAL rule updates the state’s suite of land use protection regulations to account for the impacts of a changing climate, such as sea-level rise, to better protect public health, safety, and the economy of the state.
The rule applies to proposed construction, such as new development, redevelopment and substantial improvements to residential, commercial, and critical buildings and infrastructure that are regulated under the state’s Coastal Zone Management rules, Freshwater Wetlands Protection Act rules, Stormwater Management rules, and Flood Hazard Area Control Act rules.
Adopted at the beginning of the year by the prior administration, the rule currently contains legacy provisions that generally provide that DEP Land Resource Protection rules that were in effect prior to the adoption of REAL on Jan. 20, 2026, may be applied to certain administratively and technically complete permit applications submitted by July 20, 2026. The DEP is proposing an extension of the legacy period until July 20, 2027, to provide adequate time for review and public engagement.
Because amendments to the adopted, but not yet implemented, regulatory standards subject to the legacy provisions may be made during this review, the Department proposes to extend the legacy period to avoid the uncertainty, confusion, and cost that could result from these regulatory changes.
During the review period, the DEP will engage with interested parties including residents, municipalities, counties, regional planning entities, real estate developers, and members of the environmental, business, insurance, and real estate communities.
The rulemaking will include a 60-day public comment period including a virtual public hearing. Information including a link to the virtual public hearing will be provided on the Department’s REAL website https://dep.nj.gov/njreal/
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