Overview

REAL Facts

Nearly two-thirds of New Jersey’s coastline is at high, or very high, risk to coastal erosion.
98% of our coastline is projected at medium, or very high risk, to sea- level rise.
More than half a million acres of New Jersey land is highly vulnerable to coastal hazards.
Current projections indicate as much as 5.1 feet of sea-level rise is likely by 2100.
The Proposed New Standards
  • Ensure that buildings and infrastructure are built for today’s conditions and the structure’s lifetime.
  • Apply only to new development, redevelopment and substantial improvements to buildings.
  • Will not affect existing development.
  • Will not create “no build” zones.
  • Will not require structures to be elevated when doing so is impracticable.

New Inundation Risk Zone

Applies to:

  • Residential buildings ​
  • Critical buildings & infrastructure

 

Requires:

  • Inundation risk assessment
  • On-site alternatives analysis
  • Risk acknowledgment
Exceptions for certain maintenance-related activities :
  • Safety or state of good repair improvements to roads
  • Public roadway projects that reach a “preferred alternative” before adoption of new standards
  • Minor drainage improvements

New Climate-Adjusted Flood Elevation

CURRENT: Roughly 16% of NJ lies in a FEMA-mapped floodplain

Regulatory flood equal to FEMA’s Base Flood Elevation.

PROPOSED: Adds 1.5% more land area into tidal regulatory floodplain

New coastal flood elevation will be equal to FEMA BFE+5.

A Reform to Support Resilient Environments and Landscapes (REAL)

REAL will modernize New Jersey’s environmental land use rules to respond to climate change by considering risks such as sea-level rise and chronic flooding, and to facilitate climate resilience by supporting green infrastructure and renewable energy.

NJDEP has proposed modernizing land resource protection rules to better support New Jersey communities, residents, and businesses in building their resilience to sea-level rise, extreme weather, chronic flooding, and other impacts of our changing climate.

Almost two-thirds of New Jersey’s coastline is already at high or very high risk to coastal erosion and 98% of the coastline is projected at medium or very high risk to sea level rise. Over half a million acres of New Jersey land are highly vulnerable to coastal hazards.

REAL is part of the New Jersey Protecting Against Climate Threats (NJPACT) initiative directed by Governor Phil Murphy’s Executive Order 100 (Jan. 2020). Through amendments to existing land resource protection rules, if adopted REAL will bolster our resilience to the unavoidable impacts of climate change. The proposed rules address sea-level rise, coastal storm surge, flooding, and stormwater management concerns while improving water quality, protecting natural resources, and streamlining permitting processes that will expedite resilient investments in New Jersey’s communities and economy.

Key Points
  1. Adjust Coastal Flood Hazard Areas to account for rising sea levels and attendant storm surge, extending jurisdictional area further inland, requiring higher first-floor elevations or floodproofing for buildings and higher roadways. ​
  2. Create an Inundation Risk Zone to address risk for residential building and critical structures proposed in areas of permanent or daily inundation due to sea level rise.
  3. Improve water quality and reduce flooding by adding sound stormwater management practices in areas where stormwater is not adequately managed.
  4. Encourage nature-based solutions by working with nature to protect our communities and our resources.
  5. Support renewable energy by balancing habitat conservation with novel infrastructure demands. ​
  6. Improve State alignment with FEMA’s National Flood Insurance Program (NFIP) about through clarifying amendments to the FHA rules.​
  7. Improve DEP permitting processes to better track authorizations and permits from start of construction to project completion.
Rulemaking Principles:
  1. Increased protection against future flood inundation and damage from sea level rise and extreme storm events
  2. Protecting critical facilities and infrastructure from the effects of climate change
  3. Restoring water quality and reducing flooding across the state but especially in urbanized areas
  4. Increased resilience of land and water resources
  5. Planning for climate change
  6. Designing with nature using nature-based solutions
  7. Encouraging renewable energy
  8. Administrative process improvements

REAL Next Steps

  • May 2024Topical Public Webinars
  • August 5th 2024: Publication in New Jersey Register
  • September 5th 2024: In-person public hearing at Ocean County Community College
  • September 12th 2024: Virtual public hearing
  • September 19th 2024: Virtual public hearing
  • November 7th 2024: Close of the public comment period
  • Summer/Fall 2025: Anticipated adoption and effective date of new standard

Get Resilient Environments and Landscapes (REAL) updates.

This is the formal Resilient Environments and Landscapes (REAL) rule published in the New Jersey Register.
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