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 are deemed complete within 180 days of the rules’ effective date.
One of the problematic aspects of the rules previously in place is the ‘dry access rule,’ which requires that road access into the site and parking must be elevated. The amended regulations provide some additional flexibility, but these rules still seem likely to prevent highly desirable downtown, transit-oriented development.
Affordable housing advocates have been concerned that these much-needed projects will be impeded by these rules. NJDEP responded by providing that these projects can be considered for a hardship exception – an existing remedy NJDEP has been reluctant to grant previously. Under the new rules, these projects will presumptively meet the “compelling public need” test for that exception, but the applicant will still need to demonstrate that the regulated activities would not pose a threat to public health, safety, and welfare, and that the other hardship exception criteria are met.
These regulations are intended to address the substantial challenges posed by climate change to New Jersey. They will also significantly influence development and redevelopment.
Our Environmental and Land Use team is closely monitoring the implementation of the REAL Rules and advising clients on compliance strategies, permitting pathways, and risk mitigation. Developers, property owners, and municipalities should engage experienced counsel early in the planning process to navigate the new requirements and preserve project viability.
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 […]
New Mandatory Timelines for Review of Cooperative Purchase Applications
On January 29, 2026, the New York City Council enacted Local Law 58 of 2026, adding a new chapter to the New York City Administrative Code that imposes statutory deadlines on cooperative boards when reviewing purchase applications that require board approval. The law addresses longstanding concerns about protracted and unpredictable co-op approval timelines and will […]
New Jersey Appellate Division Affirms NJDEP Environmental Justice Rules – What Regulated Entities Need to Know
On January 5, 2026, the New Jersey Appellate Division issued a published decision in In the Matter of the Adoption of N.J.A.C. 7:1C, rejecting consolidated challenges filed by industry and labor petitioners to the New Jersey Department of Environmental Protection’s Environmental Justice Rules. The decision affirms NJDEP’s authority to implement New Jersey’s 2020 Environmental Justice […]
EEOC Enforcement Priorities Take Shape Under New General Counsel Leadership
On November 18, 2025, President Trump nominated M. Carter Crow, the Global Head of Labor and Employment at Norton Rose Fulbright LLP, to be General Counsel of the EEOC. Carter Crow focuses his practice on wage and hour litigation, contracts, and restrictive covenants. As of this writing, Carter Crow has yet to be voted out […]
President Trump’s Nomination of Brittany Bull Panuccio Restores EEOC Quorum
What the Commission’s New Majority Means for Workplace Enforcement and Employer Compliance On October 7, 2025, the U.S. Senate confirmed President Trump’s nomination of Brittany Bull Panuccio to a vacant seat on the Equal Employment Opportunity Commission (EEOC or the Commission). Commissioner Panuccio’s confirmation grants EEOC a quorum for the first time since President Trump’s […]
The Intersection of SEQRA Reform and New York’s Updated Building and Energy Codes: Impacts on Project Planning
As discussed in prior updates, Governor Hochul’s administration has proposed targeted adjustments to the State Environmental Quality Review Act (SEQRA) to reduce procedural delay for certain housing projects that do not present significant environmental impacts. These proposals are part of the Governor’s 2026 agenda and include targeted SEQRA exemptions, geographic eligibility limits, floodplain exclusions, and […]
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