On January 20, 2026, the New Jersey Department of Environmental Protection adopted amendments to its land use regulatory program to address the risks posed by climate change to New Jersey residents, their property, and the natural environment. Called the Resilient Environments And Landscapes (“REAL”) Rules. Originally proposed in 2024, these regulations faced substantial opposition, prompting NJDEP to make changes and then adopt the final regulations.
Under these regulations, the first floor of new and substantially improved buildings must be elevated four feet above the base flood elevation. Additional development limits are imposed in a coastal Inundation Zone. The initial regulations were based on projected sea levels in 2100 without recognizing that the facts may change over time, so NJDEP agreed to revisit the data every five years and amend the regulations if appropriate. NJDEP also agreed that applications will not be subject to the new rules if they are deemed complete within 180 days of the rules’ effective date.
One of the problematic aspects of the rules previously in place is the ‘dry access rule,’ which requires that road access into the site and parking must be elevated. The amended regulations provide some additional flexibility, but these rules still seem likely to prevent highly desirable downtown, transit-oriented development.
Affordable housing advocates have been concerned that these much-needed projects will be impeded by these rules. NJDEP responded by providing that these projects can be considered for a hardship exception – an existing remedy NJDEP has been reluctant to grant previously. Under the new rules, these projects will presumptively meet the “compelling public need” test for that exception, but the applicant will still need to demonstrate that the regulated activities would not pose a threat to public health, safety, and welfare, and that the other hardship exception criteria are met.
These regulations are intended to address the substantial challenges posed by climate change to New Jersey. They will also significantly influence development and redevelopment.
Our Environmental and Land Use team is closely monitoring the implementation of the REAL Rules and advising clients on compliance strategies, permitting pathways, and risk mitigation. Developers, property owners, and municipalities should engage experienced counsel early in the planning process to navigate the new requirements and preserve project viability.
New Jersey Hemp Deadline: What the New Senate Bill Means for Businesses
S-4635 would extend the State’s compliance timeline for intoxicating hemp products by one month, keeping New Jersey in step with federal hemp deadlines. On October 1, 2026, Senator Nicholas Scutari introduced Senate Bill 4635 (S-4635), a targeted but important amendment to New Jersey’s hemp regulatory framework that would move the New Jersey hemp deadline for […]
New Jersey Nuclear Task Force Convenes as State Accelerates Its Nuclear Energy Strategy
State launches a public information portal and opens a pathway for advanced reactors. New Jersey has taken another significant step toward expanding nuclear generation as Governor Mikie Sherrill convened the first meeting of the State’s Nuclear Task Force on October 1, 2026, and launched the new “Nuclear NJ” public information website. Together, these initiatives signal […]
New Jersey Rent Control Exemption: Failure to File No Longer Fatal?
Failing to file a rent control exemption notice with the municipal construction official did not, on its own, cost a New Jersey apartment building its exemption from local rent control. That is the central holding of a September 28, 2026 opinion from U.S. District Judge Madeline Cox Arleo in the closely watched Portside Towers litigation […]
Bipartisan American Affordability and Jobs Act of 2026: Federal Permitting Reform Bill Introduced in the Senate
What project developers, energy companies, manufacturers, and data center operators need to know. The Bipartisan American Affordability and Jobs Act of 2026, introduced in the U.S. Senate on September 30, 2026, is a federal permitting reform bill that would make sweeping changes to the federal environmental review and permitting framework governing energy, infrastructure, manufacturing, mining, […]
New Jersey Pushes Food-Contact Packaging Deadline to 2030
NJDEP’s extension of a key Recycled Content Law exemption provides short-term compliance relief while creating uncertainty across recycling markets. The New Jersey Department of Environmental Protection (“NJDEP”) has extended a key exemption under New Jersey’s Recycled Content Law, delaying mandatory post-consumer recycled content (“PCR”) requirements for food-contact plastic packaging and containers until January 1, 2030. […]
New Jersey Enacts Water and Energy Reporting Requirements for Data Centers
New Jersey now requires every data center in the state to report its water and energy usage to the New Jersey Board of Public Utilities (BPU) every six months, under legislation (S3379/A4096) signed by Governor Mikie Sherrill on August 27, 2026. The law took effect immediately and requires data centers that have operated for at […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
