[vc_row full_width=”stretch_row_content_no_spaces”][vc_column][vc_column_text]![\"Flash](\"https:\/\/deptest.nj.gov\/inland-flood-protection-rule\/wp-content\/uploads\/sites\/180\/faqs-banner.jpg\")
[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][breadcrumb-shortcode][\/vc_column][\/vc_row][vc_row gap=”35″ content_placement=”middle” css=”.vc_custom_1768937427293{background-color: #FFFFFF !important;}”][vc_column width=”2\/3″][vc_column_text css=””]<\/p>\n
On January 20, 2026, the Department adopted the REAL rule amendments, incorporating the August 2024 proposal and the July 2025 Notice of Substantial Change. The Coastal Zone Management rules, the \u00a0Freshwater Wetlands Protection Act rules, the Flood Hazard Area Control Act rules, and the Stormwater Management rules were significantly amended by this adoption and courtesy copies of these rules, incorporating the amendments, may be found on the WLM Rules page<\/a>.\u00a0<\/strong><\/p>\n [\/vc_column_text][\/vc_column][vc_column width=”1\/3″][vc_btn title=”Copy of REAL Adoption (1\/20\/2026)” color=”info” size=”lg” align=”center” i_icon_fontawesome=”fa fa-solid fa-copy” css=”” button_block=”true” add_icon=”true” link=”url:https%3A%2F%2Fdeptest.nj.gov%2Fnjreal%2Fwp-content%2Fuploads%2Fsites%2F222%2Freal_adoption_courtesy.pdf|target:_blank”][vc_btn title=”Flood Hazard Area Technical Manual (1\/20\/2026)” color=”info” size=”lg” align=”center” i_icon_fontawesome=”fa fa-regular fa-file-pdf” css=”” button_block=”true” add_icon=”true” link=”url:https%3A%2F%2Fdeptest.nj.gov%2Fwlm%2Fwp-content%2Fuploads%2Fsites%2F108%2Fdownloads%2Ffha%2Ffh_044.pdf|target:_blank”][\/vc_column][\/vc_row][vc_row][vc_column][vc_separator border_width=”3″ css=””][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text css=””]<\/p>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-1″][vc_column][vc_column_text css=””]<\/p>\n Where development is proposed within flood-prone areas, the adopted rules require, to the extent practicable, that buildings and infrastructure are constructed above flood levels that incorporate sea-level rise, which is four feet higher than required under current standards.<\/p>\n<\/div>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-2″][vc_column][vc_column_text css=””]<\/p>\n Residential buildings in flood-prone areas will need to be constructed in compliance with new standards to help ensure that current and future flood risk is minimized for occupants. It is well known that investing in resilience measures, such as elevation, represents a marginal cost that pays high dividends in terms of reducing flood insurance costs and potential for loss of life and property throughout the lifetime of the structure, as well as avoiding disruption to business and the entire community.<\/p>\n<\/div>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-3″][vc_column][vc_column_text css=””]<\/p>\n In fact, the Flood Hazard Area Control Act, which is one of the enabling statutes for the new rules, states at N.J.S.A. 58:16A-55.1 that \u201cNo rule or regulation adopted [under this statute] shall prevent the repair or rebuilding within a flood hazard area of any lawful preexisting structure which was damaged by a flood or by any other means.\u201d The REAL rules are consistent with this requirement and will not in any way prevent new development or redevelopment before or after a storm.<\/p>\n The REAL rules WILL<\/u>:<\/strong><\/p>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-4″][vc_column][vc_column_text css=””]<\/p>\n In fact, the REAL rules will increase the resilience of our urban communities and improve water quality. For too long, these often overburdened areas of the state have been plagued by flooding and poor water quality because they were developed before protective standards existed. The REAL rules will ensure that new and redeveloped buildings and infrastructure will be safer for current and future residents, business owners and first responders, and that water quality, which is critical for recreation, fishing and industry, is improved.<\/p>\n<\/div>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-5″][vc_column][vc_column_text css=””]<\/p>\n The REAL rules will not in any way affect FEMA flood mapping or require people to obtain flood insurance. Federal flood insurance rates are set by FEMA\u2019s Flood Insurance Rate Maps. Only FEMA can amend or alter these maps.<\/p>\n The State does not require development to have flood insurance. Individuals are generally required to obtain flood insurance only if:<\/p>\n While the REAL rules do not alter the need for or cost of flood insurance, the rule does create a larger floodplain within which development is required to obtain a NJDEP permit and conform to the proposed new construction standards. Both FEMA\u2019s floodplain and the expanded NJDEP floodplain, within which construction requires approval, can be viewed on the Tidal Climate Adjusted Flood Elevation for New Jersey<\/a>.<\/p>\n<\/div>\n [\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=”myth-6″][vc_column][vc_column_text css=””]<\/p>\n See more on the REAL underlying science page.<\/a><\/p>\n<\/div>\nWith the REAL\u2013 Resilient Environments and Landscapes \u2013 reforms, New Jersey is the first state in the nation to initiate a comprehensive update of land resource protection regulations focused on impacts of a changing climate. The REAL rules amended New Jersey\u2019s existing flood hazard, stormwater, coastal zone and freshwater wetland regulations statewide to address these ongoing impacts, while improving water quality and flood protections, and tackle issues particularly concerning to overburdened communities.<\/h5>\n
\nMYTH: The REAL rules create \u201cno build\u201d zones or require \u201cretreat.\u201d<\/strong><\/h3>\n
\nREAL Facts: The REAL rules in no way create \u201cno-build\u201d zones or added prohibitions on construction.<\/strong><\/h3>\n
\nMYTH: The REAL rules will stop development and will result in less affordable housing.<\/strong><\/h3>\n
\nREAL Facts: There is NO prohibition on any type of development.<\/strong><\/h3>\n
\nMYTH: The REAL rules prohibit rebuilding storm damaged homes.<\/strong><\/h3>\n
\nREAL Facts: The REAL rules WILL NOT<\/u> in any way prevent or discourage redevelopment after a storm.<\/strong><\/h3>\n
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\nMYTH: The REAL rules will prevent redevelopment or urban revitalization.<\/strong><\/h3>\n
\nREAL Facts: The REAL rules do not prevent or hinder urban revitalization.<\/strong><\/h3>\n
\nMYTH: The REAL rules will require owners to buy flood insurance.<\/strong><\/h3>\n
\nREAL Facts: The REAL rules will not require owners to purchase flood insurance. <\/strong><\/h3>\n
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\nMYTH: The REAL rules are not supported by science.<\/strong><\/h3>\n
\nREAL Facts: The REAL Rules are supported by science.<\/strong><\/h3>\n
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