Focus on Implementing NJDEP REAL Rules

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Focus on Implementing NJDEP REAL Rules

04/22/2026

by New Jersey Future

TRENTON, NJ, April 22, 2026—The Resilient Environments and Landscapes (REAL) Rules, finalized in January 2026, are a long-overdue step to align New Jersey’s land use standards with increasing flood risk. Developed through a multi-year NJ PACT process with extensive public input and updated science, they reflect years of analysis and stakeholder engagement. Even critics acknowledge that rising flood risk threatens investment and affordability. The focus now should be on implementation, not delay or repeal. Without a viable alternative, delay will only increase risk, defer decisions, and shift more costs onto taxpayers.

New Jersey Future submitted testimony for today’s joint Senate and Assembly hearing on the rules. The testimony focuses on the need for these rules and how the State can move forward in a manner that addresses the new hazards that New Jersey communities are facing while creating the opportunity to streamline permitting processes and address unintended consequences.

Across the country, states are using better data and scientific analysis to rethink how they address flood risk and are not relying exclusively on stale federal information. For example, FEMA’s Base Flood Elevation varies by location to begin with and reflects past conditions. It exists to serve as a minimum baseline that states routinely go above. NJ REAL’s 4ft standard reflects current realities and improved data. The rules establish science-based and predictable standards that allow towns and the development community to build toward while avoiding preventable disasters.

These rules are not perfect, but we are dealing with unprecedented challenges. Identifying workable solutions to actual implementation challenges, rather than continuing to debate hypothetical ones, requires moving forward with an iterative, adaptive approach informed by real-world experience and ongoing stakeholder engagement. A flexible, “soft launch” approach will allow rules to proceed while identifying areas for improvement over time. By committing to this process, the state can develop clear and consistent municipal guidance, ensure predictable permitting pathways, and streamline compliance for projects that reduce risk or support smart redevelopment.

Concerns about scope, clarity, and feasibility should be taken seriously, but delaying these rules will not solve them. Ignoring risk only defers and amplifies costs, as seen in rising disaster spending and stats on repeat losses, higher flood insurance premiums driven by federal Risk Rating 2.0 reforms, and growing instability in private insurance markets, where companies are raising prices and withdrawing coverage in higher-risk areas.

While the REAL Rules are not the final word on flood resilience policy, they are an essential step toward aligning how we build with the risks we face and will continue to face. At a time when federal disaster support is increasingly uncertain, New Jersey must take responsibility for managing its own risk. The REAL rules, even in their imperfection, fit that mandate.