The state Department of Environmental Protection has filed a notice of substantial change to its proposed Resilient Environments and Landscapes rules it published in the New Jersey Register on Aug. 5, 2024. The notice opens a new 60-day public comment period on the controversial regulations and sets a virtual public hearing for Sept. 3.

The DEP says the changes to the regulations published last year come “in response to updated scientific data, comments received, and other input, which are intended for incorporation into the final rule adoption.”

The DEP website summarizes the substantial changes:

“Most notably, the proposed changes will adjust the coastal zone flood-elevation for new and substantially damaged/improved buildings and infrastructure from the originally proposed 5 feet to 4 feet above the FEMA base flood elevation. As compared to the original 2024 proposal, the inundation risk zone and tidal climate adjusted flood elevation would now be based on a 4-foot increase in sea level rather than the originally proposed 5 feet.

“The adjusted elevation effectively reduces the amount of additional coastal land area that would be subject to the building safety standards of New Jersey’s Flood Hazard Area Control Act. The proposed changes would also expand provisions to enable projects to proceed under preexisting regulations if they reach certain planning, design, or permitting milestones by July 2026, i.e., within six months of DEP’s intended adoption of the REAL rules.”

The state’s new goal for adoption of the proposed regulations is early January 2026, just days before Gov. Phil Murphy’s term ends on Jan. 20.

A copy of the substantial change notice is available from the DEP website and via free public access to the New Jersey Register. Information on the virtual public hearing and preregistration form are available on the DEP website at REAL – Notice of Substantial Change.

Contact the reporter, Vince Conti, at vconti@cmcherald.com.