REAL Rule Relief: Sherrill and DEP Extend REAL Rule’s Legacy Provisions by One Year

Late last month, Governor Mikie Sherrill and New Jersey Department of Environmental Protection (“NJDEP”) Commissioner Ed Potosnak announced that the agency would delay the implementation of the controversial new land use and flood protection regulations, known as the Resilient Environments and Landscapes (“REAL”) rule, by one year.

Adopted by former Governor Phil Murphy on his final day in office, the REAL rule aims to combat climate change by significantly expanding designated flood-risk areas and increasing the requirement elevations for new developments, redevelopments, and infrastructure projects in vulnerable coastal and environmentally sensitive regions. You learn more about the NJDEP’s REAL rule HERE.

The REAL rule was set to take effect on July 20 for projects without pending permit applications before over legislative leaders, real estate developers, business groups, and over 130 mayors argued that the regulations were overzealous, difficult to administer, and would severely damage economic growth while making the state’s housing crisis worse by driving up costs.

Governor Sherrill and NJDEP Commissioner Potosnak’s announcement, to extend the REAL rule’s legacy provisions by one year, means that projects that haven’t submitted their completed permit applications will not face the immediate July deadline. During this one-year extension, the NJDEP will review the policy and seek feedback from a wide range of stakeholders, including local communities, environmental groups, and real estate professionals, and make targeted amendments. Their goal is to balance climate resilience and safety with government efficiency and economic affordability.

NAIOP New Jersey and the New Jersey Builders Association have commended the delay, expressing optimism about working toward practical “right-sized” solutions.

Stark & Stark is keeping current on any changes to REAL and other regulations which may affect New Jersey businesses. If you are a property owner, developer, or commercial landlord with properties which will be affected by REAL, Stark & Stark’s Zoning and Land Development group is here to assist.