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Outdated flood standards are costing N.J. taxpayers

04/15/2026
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Peter Kasabach
Peter Kasabach
Executive Director
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This past January, the New Jersey Department of Environmental Protection finalized the state’s long‑anticipated Resilient Environments and Landscapes (REAL) Rules, updating flood‑hazard and land‑use regulations to better account for growing climate risks. Soon after, members of the state Legislature introduced a concurrent resolution arguing that the rules are “inconsistent with legislative intent.”

Much of the debate since then has recycled the same talking points and misinformation that surfaced when the rules were first introduced in 2024. Framing the issue as a binary choice between climate resilience and economic growth misses the larger point. The REAL Rules are not perfect, but they represent a necessary step toward managing risks New Jersey can no longer afford to ignore.

Across the state, flooding is becoming more frequent and more severe. Heavy rainfall is increasing, high tides are pushing farther inland, and sea‑level rise is raising the baseline for future storm surges.

Communities from river towns to coastal neighborhoods are already feeling the consequences. Homes are damaged, stormwater systems are overwhelmed, insurance costs are rising as companies respond to growing risk, and infrastructure built for past conditions is being pushed beyond its limits.

In 2025, even without a storm on the scale of Ida or Superstorm Sandy, New Jersey residents lost their lives in flash floods — a stark reminder that more frequent and intense storms are becoming more dangerous.

Against this backdrop, maintaining outdated flood standards is neither neutral nor responsible. Continuing to build and rebuild in high‑risk areas without accounting for changing conditions only increases long‑term costs for homeowners, municipalities and taxpayers.

What the REAL Rules actually change — and what they don’t

The REAL Rules attempt to address this reality by updating flood‑elevation standards and requiring that new development account for projected future conditions. In essence, the rules are a rational response to a simple question: If flooding risks and impacts are growing, shouldn’t we start planning and building differently?

Flood standards are not new in New Jersey. For decades, federal and state rules have required homes in flood zones to be elevated and commercial buildings to be flood‑proofed. Programs such as Blue Acres buyouts have helped families move out of repeatedly flooded areas while restoring natural floodplains. The REAL Rules simply update these long‑standing protections to reflect today’s climate realities.

In that sense, the REAL Rules represent less a departure from precedent than a continuation of it. As flood maps and climate projections evolve, regulatory updates ensure building rules reflect current conditions rather than outdated assumptions.

This does not mean concerns raised by municipalities, builders and property owners should be dismissed. Some communities worry about implementation timelines and administrative complexity. Developers and municipal administrators have raised questions about feasibility in certain contexts and potential impacts on redevelopment and the affordable‑housing supply. These are legitimate issues that deserve thoughtful solutions — solutions that can only be achieved by working together.

Delaying action only shifts the cost to taxpayers

But slowing implementation of the rules would only delay difficult decisions that climate risk is already forcing upon the state and further push costs onto taxpayers.

Instead, policymakers should focus on making the rules work in practice. That means moving forward with implementation while clarifying guidance for municipalities, ensuring predictable permitting pathways, and identifying opportunities to streamline compliance where projects reduce flood risk or support smart redevelopment. It also means exploring technical and financial assistance so local governments can implement the rules without unnecessary delays.

A more productive path forward is a “yes, and” approach. New Jersey needs forward‑looking safety standards that account for future flooding risks and underpin the REAL Rules. At the same time, communities need fair implementation and transition support.

We urge community members to engage with their local officials to support the new rules and help steer development toward areas that are safe from flooding. Where that is not possible, necessary precautions must be taken to prevent current and future occupants from suffering the physical and financial consequences of predictable flooding.

New Jersey has a strong tradition of pragmatic leadership in protecting communities. With the future role of federal disaster support from agencies like FEMA increasingly uncertain, states must become more self‑reliant in managing risk. The REAL Rules fit within that mandate, recognizing changing conditions while still allowing development to proceed when flood risk is responsibly assessed and mitigation measures are incorporated.

The REAL Rules will likely not be the final word on flood mitigation in New Jersey, but they are an important step toward ensuring the places we build today remain safe and viable for decades to come.

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