What Happens When NJDEP Stops Being Polite And Starts Getting REAL

On August 5, 2024, the New Jersey Department of Environmental Protection ("NJDEP" or the "Department") published its long-awaited Resilient Environments and Landscapes ("REAL") rule proposal in the New Jersey Register. NJDEP had released a pre-publication copy of the anticipated REAL rule proposal earlier this year, on May 10. The REAL proposal is the latest of the Department's ongoing efforts to respond to and prepare for the impacts of climate change. While the 2023 Inland Flood Protection Rules focused on impacts related to precipitation increase and stormwater in fluvial areas (i.e., areas around rivers and streams), the REAL proposal "considers increased precipitation as well as sea level rise predictions particular to the State." Thus, one of the major provisions of the REAL proposal is the adjusted coastal flood hazard areas. The proposal further aims to address expected climate change impacts throughout the state by requiring local communities to use