After two devastating flash flood events across the State this month, the New Jersey
Department of Environmental Protection (NJDEP) began exclusive meetings today with builders and
representatives opposing more protective flood protection and stormwater management rules referred to
as New Jersey Protecting Against Climate Threat Resilient Environment and Landscapes (NJPACT
REAL). Environmental and public safety advocates overwhelmingly support NJPACT REAL, while
building and business organizations have opposed this long-term policy in favor of short-term profits.
Two organizations representing builders suing the State over the REAL rules were invited into this series
of rule re-negotiation meetings where revisions to the rule are being discussed over the next six weeks.
On June 1, 2026, Governor Sherrill’s NJDEP formally proposed a rollback to the NJPACT REAL rules
that went into effect on July 20, 2026.
“The REAL rules need to remain in place. The flooding we have seen this July is evidence that New
Jersey must take action,” said Jennifer Coffey, ANJEC Executive Director. “Rolling back and delaying
the flooding rules while negotiating directly with builders who are suing the State sends a clear message
about the Governor’s priorities and places public safety directly in harm’s way.”
The NJPACT REAL rules require new residential and new critical infrastructure including hospitals,
schools, police and fire stations to be built above flood elevation. The REAL rules update old and
inaccurate FEMA maps by using data from the 2025 New Jersey Science and Technical Advisory Panel
on Sea-Level Rise and Coastal Storms (STAP), so that buildings constructed in flood-prone areas today
protect lives and are less likely to become tomorrow’s repetitive-loss properties.
New Jersey is the most densely populated state in the nation with much of her development pre-dating
modern stormwater rules to manage flooding and protect water quality first adopted in 2004. The
NJPACT REAL rules also included provisions for requiring stormwater management on redevelopment
projects. Functionally, redevelopment projects are currently exempt from stormwater management.
Failure to address flooding originating from old parking lots and strip malls, for example, as they are
redeveloped impedes the reduction of repeated localized flooding.
“Every day that REAL is delayed means more development and redevelopment that is approved under
standards that put people in harm’s way and burdens already overwhelmed municipal capacities,” said
Mike Pisauro, Policy Director for The Watershed Institute. “Municipalities already are dealing with
ever intensifying flooding. Delay in REAL, increases the costs on municipalities and their property
owners. These costs are already too much and will continue to rise. New Jerseyans cannot afford these
costs in loss of life and expenses.”
Sea-level rise in New Jersey is also outpacing much of the country. Since 1912, sea level at Atlantic City
has risen by about 1.5 feet, which is roughly three times the global average. Because sea level rise is not
linear, the past is not a predictor of the future. The NJPACT REAL rules would update New Jersey’s
building standards to reflect current and future flooding, rather than relying on data from old historical
flood levels.
“Beyond New Jersey’s built space, any delay in implementing the REAL rules endangers our preserved
lands, including the delicate ecosystem within the one million acres of the Pinelands, particularly the
17-trillion-gallon Kirkwood-Cohansey aquifer that provides drinking water for about one million people,
irrigation for 200,000 acres of farmland, and habitat to dozens of endangered species. Flooding threatens
the quality of this vital water supply,” said Michael Klein, director of government relations for the
Pinelands Alliance.
Failure to act to reduce New Jersey’s flooding problems will also exacerbate economic and insurance
challenges. From 1980–2024, there have been 72 confirmed weather/climate disaster events with losses
exceeding $1 billion each in New Jersey, according to the National Center for Environmental
Information. Whereas the federal government has long been a partner in recovery aid after flooding
disasters, New Jersey can no longer rely on federal funds and must cover the cost of flooding damage
using state and local community funds. In a state that ranks first in the country for highest flood damage
costs per square mile, we need to evaluate if this is a risk we can afford. Delaying the NJPACT REAL
rules will cause economic harm to New Jersey by worsening flood conditions and flood damage.
The repeal of the NJPACT REAL flood protection rules supports increases in insurance costs.
“Per Moody’s Ratings, effective governance and risk management often correlate with lower physical
climate risk vulnerability in regions of high exposure, supported by preparedness measures (including
alert systems and adaptation steps), dedicated reserves, relief funds and infrastructure maintenance, as
well as zoning, regulation and building codes. Investment in adaptation and resilience can reduce the
protection gap by lowering risk exposure as well as contributing to insurance market stability,”
according to Moody’s update May 26, 2026.
“For a densely developed state surrounded by water, relying on historical flood conditions is no longer
sufficient, and is increasing risk and costs to New Jersey”, said Danielle McCulloch, executive Director
of the American Littoral Society “The REAL rules were built on years of science, public input, and
technical analysis on New Jersey impacts. Any changes or delays should be guided by that same
commitment to evidence.”
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CONTACT:
Jennifer M. Coffey, ANJEC Executive Director, jcoffey@anjec.org
Michael Pisauro, Policy Director, mpisauro@thewatershed.org
Danielle, McCulloch, American Littoral Society, Executive Director, danielle@littoralsociety.org
