The biggest legal change for New Jersey’s shoreline communities like our own at Money Island is likely to be the New Jersey Resilient Environment and Landscapes (REAL) rule is part of the New Jersey Protecting Against Climate Threats (NJPACT) initiative, aimed at modernizing land resource protection rules to enhance resilience against climate change impacts such as sea-level rise, extreme weather, and chronic flooding. The anticipated adoption and effective date of the new standards is Fall of 2025. Baysave will analyze the likely changes and build these into our business plans for the coming year.

Key Components of the REAL Rule:

1. Coastal Flood Hazard Areas:

• Adjusts these areas to account for rising sea levels and storm surges.
• Extends jurisdictional areas further inland.
• Requires higher first-floor elevations or floodproofing for buildings and higher roadways.

• 2. Inundation Risk Zone:

• Addresses risks for residential buildings and critical structures in areas of permanent or daily inundation due to sea-level rise.
• Requires inundation risk assessments and on-site alternatives analysis.

• 3. Stormwater Management:

• Improves water quality and reduces flooding by implementing sound stormwater management practices in areas where stormwater is not adequately managed

• 4. Nature-Based Solutions:

• Encourages working with nature to protect communities and resources.
• Supports renewable energy by balancing habitat conservation with infrastructure demands.

• 5. Alignment with FEMA:

• Improves state alignment with FEMA’s National Flood Insurance Program through clarifying amendments to the Flood Hazard Area (FHA) rules.

• 6. Permitting Processes:

• Streamlines DEP permitting processes to better track authorizations and permits from the start of construction to project completion.

7. Rulemaking Principles:

• Increased protection against future flood inundation and damage from sea-level rise and extreme storm events.
• Protecting critical facilities and infrastructure from climate change effects.
• Restoring water quality and reducing flooding, especially in urbanized areas.
• Designing with nature using nature-based solutions.
• Encouraging renewable energy.
• Administrative process improvements.

The REAL rule is expected to be published in the New Jersey Register, followed by a 90-day comment period and public hearings.

In summary, my initial reaction is that the cost of living at the shore will increase, further widening the wealth and income gap between waterfront and inland communities. The gentrification of the bayshore communities will accelerate, causing even more social and political tension.