New Jersey's Department of Environmental Protection proposes extending the legacy period for the REAL (Resilient Environment and Landscapes) flood rules through July 20, 2027, letting some permit applications proceed under older standards. Environmental groups warn the delay would leave communities exposed to greater erosion, sea-level rise and storm damage, while the DEP says it needs more time for stakeholder input and targeted permitting fixes. Advocates urge keeping or strengthening the rules to protect homes, public safety and long-term resilience.
Environmental Groups Say New Jersey Delay To Tougher Flood Rules Leaves Residents Exposed

New Jersey environmental groups are sharply criticizing the Sherrill administration's proposal to extend the transition period for the state's strengthened flood regulations, warning the delay would leave communities operating under weaker protections as sea-level rise and stronger storms accelerate.
What the Dispute Is About
The controversy centers on the REAL rules — Resilient Environment and Landscapes — which were adopted under former Governor Phil Murphy to update standards for shoreline development, wetlands, stormwater management and flood hazards. A key provision, the legacy period, allows certain permit applications submitted before the REAL rules took effect to be reviewed under the older standards. That original 180-day window closed on July 20.
The New Jersey Department of Environmental Protection (DEP) now proposes keeping the legacy window open through July 20, 2027, saying it needs more time to consult with municipalities, counties, developers, environmental groups, businesses and other stakeholders and to identify narrowly targeted amendments that could speed permitting without reducing protections.
Why Advocates Object
Environmental advocates say the extension would prolong exposure to outdated, less protective standards and increase long-term risks for homeowners and communities. Jennifer Coffey, executive director of the Association of New Jersey Environmental Commissions, called the idea of rolling back protections dangerous.
"Rolling back flood protection regulations puts the people of New Jersey directly in harm's way," Coffey said. "This regulatory backsliding is at the request of big developers who have sowed disinformation about the REAL rules to the benefit of their own profit margins. We urge Governor Sherrill to re-adopt strong flood protection regulations immediately to protect the lives and homes of New Jersey residents."
DEP Findings And Stakes For Homeowners
The DEP frames the REAL rules as a practical response to climate-driven changes already affecting the state. Its analysis finds more than 500,000 acres statewide highly vulnerable to coastal hazards; roughly two-thirds of New Jersey's coastline already faces high or very high erosion risk; and about 98% of the coastline is projected to face medium to very high risk from sea-level rise.
Building standards tied to flood elevations influence whether projects can proceed in vulnerable areas, how high homes must be elevated during rebuilding, and how costly recovery and insurance can become for homeowners.
Broader Context
Advocates say delaying or weakening protections undermines resilience efforts at a time when rebuilding risks and insurance costs are rising nationwide. Officials in other states are wrestling with similar pressures: insurers pulling back in California and insurance crises in parts of Louisiana highlight the stakes.
What Comes Next
The DEP says the extended review will allow more stakeholder input and help craft limited, efficiency-focused amendments while preserving life-and-property safeguards. Environmental groups want the administration to hold the line — or strengthen — the REAL rules now rather than let more development proceed under older standards.
Lawmakers, municipal officials and residents will be watching the DEP's rulemaking process closely as the state balances permitting efficiency, development pressures and long-term climate resilience.
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