The Southern Ocean County Chamber of Commerce continues to raise awareness of ongoing regulatory changes for coastal businesses. The New Jersey Department of Environmental Protection (DEP) has announced its intention to adopt significant changes to coastal flood regulations under the Resilient Environments and Landscapes (REAL) initiative by year’s end. These changes are designed to address evolving coastal hazards—but they will also impact how and where coastal businesses can build or expand. 

Key Highlights for Our Coastal Business Community:

• Lower Elevation Requirement: The DEP will revise the elevation mandate for new or substantially improved buildings from 5 feet to 4 feet above FEMA’s base flood elevation. This adjustment aims to maintain safety while preserving more usable land for economic activity.
• Regulatory Flexibility for Ongoing Projects: If your project reaches certain permitting or planning milestones by July 2026, you may qualify to proceed under current rules. This is critical for developers and businesses working on tight timelines. Expand provisions in the flood hazard, stormwater, coastal zone, and freshwater wetland regulations to allow projects for which the applicant submits a complete application to the DEP within 180 days of REAL’s effective date to be reviewed under today’s regulations.  
• Expanded Hardship Allowance: Low- and moderate-income housing projects now qualify under DEP’s “hardship exception,” which could open the door for mixed-use and workforce housing proposals that benefit our coastal communities.
• Access and Infrastructure Considerations: The changes include refined standards to ensure roads and buildings maintain safe access during flood conditions—especially important for commercial properties and emergency services. 

As the Southern Ocean Chamber monitors developments, the organization recommends those interested to note upcoming public engagement opportunities that will include a DEP hosted virtual hearing in September for further public feedback as well as a webinar explaining the updates posted online NJ Real website. The Notice of Substantial Change will appear in the July 21 edition of the New Jersey Register, officially launching a 60-day comment period.

Additional Resources include:

New Jersey Resilient Environments and Landscapes
REAL Myths & Facts
New Jersey Climate Data
NJDEP Climate Change Science and Research
Resilient NJ
NJDEP Blue Acres
NJ Climate Resilience Strategy