Preparing for the New NJ Resilient Environments and Landscapes (REAL) Rule

The New Jersey Department of Environmental Protection (NJDEP) is updating land resource protection rules to help New Jersey communities, residents, and businesses build resilience against sea-level rise, extreme weather, chronic flooding, and other climate change impacts.

In addition to further limiting development in wetlands and reducing the impervious coverage exemption on stormwater for redevelopment projects, the proposal also raises the Coastal Flood Hazard Areas by five feet and modifies a number of other land use regulations.

Representatives from Bohler have reviewed the 1,000-page draft proposal and attended four sessions held by NJDEP on the changes. Here are our key takeaways.

Flood Hazard Rules

Increased Tidal Flood Hazard Elevations

Tidal Flood Hazard area elevations will be raised by five feet compared to the current FEMA mapping.

Impact on Development Teams
Areas with existing approved Tidal FHA verification or permits will be subject to the new regulations if construction has not been completed by the expiration of the existing permits.

Bohler’s teams have added review of the NJ-GeoWeb layers for Sea Level Rise 5 Feet and Tidal Climate Adjusted Floor Elevation as part of due diligence preparation to identify potential permitting and future design impacts on a site.

Regulation of Water Features

Water features with a drainage area of less than 50 acres will be regulated.

Impact on Development Teams
Additional water features will now be regulated by NJDEP, which means they will require riparian buffers. This may reduce development density and increase permitting time by approximately six months.

New Inundation Risk Zone

A new zone within the flood hazard area will be introduced, specifically for residential and critical buildings/infrastructure.

Impact on Development Teams
This rule will need to be interpreted and assessed for each specific project. If you’re concerned about how this might affect your project, please reach out to your Bohler contact for further discussion.

Stormwater Management Rules

Water Quality Treatment for Redevelopment

Water quality treatment will be required for the redevelopment of motor vehicle areas, such as parking lots and drive aisles, regardless of the net increase in area.

Impact on Development Teams
Compliance with the proposed regulations will require additional Mechanical Treatment Devices (MTDs) or Green Infrastructure (GI) measures, leading to higher construction costs and potential impacts on development yield.

Bohler’s teams have already begun planning for, on conceptual plans, the space needed for water quality structures for potentially impacted projects. Additionally, during due diligence and feasibility analyses, we are communicating increased cost for these additional structures.

Runoff Volume Reduction

Runoff volume reduction will be required for major developments, particularly during smaller, more frequent storm events.

Impact on Development Teams
The need for runoff volume reduction will affect property development density and may require larger stormwater management basins.

Next Steps

The Protecting Against Climate Threats (PACT) Resilient Environment and Landscapes (REAL) rule proposal was officially released on August 5th. There will be three public hearings concerning the proposed rule changes, and written comments are due by November 3rd. Bohler will submit questions and comments on behalf of the development community to obtain clarity on the impacts and how we can implement solutions.

It is expected the rule will be adopted around the fall of next year. For more information, visit https://dep.nj.gov/njreal/.

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