TRENTON, N.J. — A major rulemaking initiative to fortify New Jersey against rising sea levels and increasing flood risks is facing both pushback and support as the state nears a key decision deadline. The NJ Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes (REAL) proposal, introduced by the New Jersey Department of Environmental Protection (NJDEP), aims to overhaul the state’s land-use regulations—but not without controversy.
The proposal was a focal point of discussion during the 2025 New Jersey Planning & Redevelopment Conference on June 13. Experts warned of the climate threats facing the state, including chronic flooding projected to affect 62,000 coastal homes by 2050. The Rutgers-led climate research cited during the event estimates sea levels will rise by five feet by the end of the century under a moderate-emissions scenario—rising to 6.3 feet under high emissions.
During a water infrastructure and housing panel at the 2025 NJ Planning and Redevelopment Conference, hosted by New Jersey Future and the New Jersey Chapter of the American Planning Association, housing advocates and developers highlighted how aging systems and climate-driven stressors, such as flooding, are undermining both new development and the resilience of existing affordable housing. In towns like Lambertville, Hurricane Ida demonstrated just how quickly flooding can decimate essential workforce housing. Much of the local workforce resides in affordable housing units. When these become flooded, it negatively impacts the local economy. Nearly 25% of affordable homes may be at flood risk by 2050 statewide. Zoning for affordable housing in flood-prone areas, paired with underinvestment in stormwater and sewer upgrades, is a recipe for inequity and economic stagnation. – New Jersey Future
Initially, REAL required new and redeveloped homes in coastal flood zones to be elevated five feet above FEMA’s 100-year flood level. But in response to public concerns, NJDEP issued a Notice of Substantial Change in the July 21 New Jersey Register, lowering the elevation requirement to four feet.
The rules would amend multiple environmental codes including the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Coastal Zone Management Rules (N.J.A.C. 7:7), Stormwater Management Rules (N.J.A.C. 7:8), and Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A). The proposed package spans over 1,000 pages and includes updates to stormwater retention standards and redevelopment loopholes.
Dan Kennedy, CEO of the New Jersey Chapter of NAIOP, voiced concern about the NJDEP’s capacity to process permits efficiently under these stricter requirements and cautioned that the changes could disrupt municipalities’ ability to meet affordable housing obligations.
“Access to funding isn’t just about water, it’s about people. Without functional water infrastructure, developers can’t build housing, residents face health and flooding risks, and towns miss out on economic opportunity,” NJ Futures predicts. “Even where technology can incrementally expand plant capacity, upgrades are expensive and politically sensitive, especially when ratepayers are already stretched thin.”
Lindsey Massih, formerly with New Jersey Future, supported the proposal, referencing post-Hurricane Sandy rebuilding efforts where residents voluntarily elevated homes beyond minimum standards to improve resilience. She emphasized the importance of forward-looking policies to reduce damage from extreme precipitation.
With the August 4 deadline approaching, it is now up to Governor Phil Murphy to decide whether to finalize the expansive rule package that supporters say is vital for protecting New Jersey’s future against rising climate risks.
The situation leaves the left with a catch-22. They can build more housing in flood zones, or abandon flood zones, but not meet their intense affordable housing mandates across the Jersey Shore.
With sea levels rising and storms intensifying, New Jersey faces mounting pressure to modernize its flood and land-use regulations before time runs out.
