A Year’s Grace: NJDEP Moves to Extend the Legacy Period for the New Flood Rules Through July 2027

On June 1, 2026, the New Jersey Department of Environmental Protection (“NJDEP”) published a proposal to extend the implementation of the Resilient Environments and Landscapes (REAL) Rules’ “legacy” period by an additional year, to July 20, 2027. The extension will give the regulated community additional time to seek to have qualifying applications reviewed under the Land Resource Protection rules in effect before REAL took effect on January 20, 2026, rather than under REAL itself. To qualify, applications within the categories the rules address must be deemed both administratively and technically complete by or before July 20, 2027. The extension would not reach new permits-by-registration or general-permits-by-certification, which have been governed by REAL since January 20, 2026.

Adopted on January 20, 2026, as part of the State’s NJ PACT (Protecting Against Climate Threats) initiative, the REAL Rules recast New Jersey’s land-use framework from one anchored in historic flood conditions to one built on projected climate conditions. They apply to new development, redevelopment, and substantial improvements - spanning residential, commercial, and critical buildings and infrastructure regulated under the Coastal Zone Management Rules (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), the Stormwater Management Rules (N.J.A.C. 7:8), and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13). See also the firm’s July 18, 2025 Client Alert regarding REAL.

Among the most consequential of REAL’s changes are the Climate-Adjusted Flood Elevation (“CAFE”), which raises the regulated flood hazard design elevation in tidal areas to four feet above FEMA’s 100-year flood elevation; the creation of Inundation Risk Zones (“IRZ”), mapping areas identified as at risk of future inundation from projected sea-level rise; and mandatory inundation-risk assessments and on-site alternatives analyses for new or improved critical buildings located within an IRZ.

The NJDEP’s extension proposal provided for a a 60-day public comment period that closes on July 31, 2026.  NJDEP also held a virtual public hearing on July 7, 2026 and additional stakeholder meetings are planned. In the interim, NJDEP will continue to apply the legacy provisions to eligible applications received on or after the original date of implementation of REAL, July 20, 2026. However, if applications are not deemed both administratively and technically complete by July 20, 2027, NJDEP could apply REAL and applicants should be prepared. 

Individuals with projects that may be affected by REAL should determine now whether their applications qualify for the proposed extended legacy period and, if so, plan to file. Considering the extension remains a proposal for the time being, the prudent course is to track its progress toward adoption while continuing to plan against the original deadline until adoption is confirmed. Affected parties should likewise monitor the stakeholder engagement and comment process, as the amendments NJDEP is contemplating to the Real Rules could refine the rule’s substantive requirements in ways that bear directly on project design and cost.

If you have questions about how you will be impacted by the REAL rules once finalized or would like to learn more about submitting an effective comment to NJDEP, please contact Amie C. Kalac (AKalac@cullenllp.com), Neil Yoskin (NYoskin@cullenllp.com) or Paul Recupero (PRecupero@cullenllp.com).

Please note that this is a general overview of the law and no content within this excerpt constitutes legal advice. Nothing herein creates an attorney-client relationship between the authors and the reader.