NJDEP Adopts Land Use Rules To Address Climate Change Impacts

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