Key Contacts
Practice Areas
New Jersey’s Coastal Flood Rules
The New Jersey Department of Environmental Protection (NJDEP) has continued its development of more stringent coastal flood protections under the Murphy Administration’s Protection Against Climate Threats (PACT) initiative. On August 5, 2024, NJDEP proposed the second of its PACT rules, the Resilient Environments and Landscapes (REAL) rule. The REAL rule, which is more than 1,000 pages in length, amends the Coastal Zone Management rules (N.J.A.C. 7:7), Freshwater Wetlands Protection Act rules (N.J.A.C. 7:7A), Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and Stormwater Management rules (N.J.A.C. 7:8), among others, in an effort to broadly integrate climate science considerations like sea level rise and chronic flooding into New Jersey’s regulatory scheme.
Of note, the REAL rule establishes an Inundation Risk Zone (IRZ) to account for projected increased risk to people and property within certain tidal flood hazard areas expected to be underwater, either permanently or twice a day at high tide, by 2100. Properties within an IRZ would be subject to increased risk assessment considerations and required to demonstrate the use of all reasonable measures to avoid or mitigate risk associated with development. NJDEP also proposes to incorporate its interactive mapping tool into the regulations, which would allow interested parties to see all land within five feet of elevation of the mean high-water line for a given site. IRZ areas may be determined by using this tool, or through site-specific survey data. Developers must be aware of these requirements if seeking to construct or make substantial improvements to residential buildings, critical buildings, or critical infrastructure as defined in the REAL rule.
Another substantive change under the REAL rule is the promulgation of a Climate-Adjusted Flood Elevation (CAFE) which adjusts the flood elevation, floodway limits and/or the flood zone designation for subject coastal and tidal areas. The CAFE is calculated by adding five (5) feet to the Federal Emergency Management Agency’s 100-year flood elevation in tidal flood hazard areas. The CAFE changes will subject development within these designated flood-prone areas to more stringent building standards and regulatory requirements once the REAL rule becomes final.
Comments on the REAL rule proposal closed on November 7, 2024. NJDEP is currently reviewing and intends to respond to all comments received. It has signaled that the rule is anticipated to become effective in the summer of 2025. Developers should keep these timelines in mind as the REAL rule will apply to new development, redevelopment and substantial improvement to existing development and will have a significant impact on the ability to secure required approvals. Legacy provisions will remain consistent with current NJDEP rules and applications submitted before the effective date and declared technically complete will qualify for legacy status.
