The Clock is Running to Obtain Legacy Status Under the REAL Rules

What Happened:

Recently, the New Jersey Department of Environmental Protection (“NJDEP”) finalized the Resilient Environments and Landscapes (“REAL”) rules, which significantly expand regulated flood hazard areas, increase design flood elevations and stormwater capacity requirements, and impose stricter development standards, particularly along tidal waterways.

The REAL rules provide a deadline to obtain “grandfathered” status for projects to proceed under the prior development standards. The terminology used in the REAL rules is “legacy” status. The deadline to obtain legacy status is July 20, 2026.

For property owners, developers, and land use professionals who have projects on the drawing board, it is critical to secure “legacy status” within the time provided by the new rules, in order to avoid potentially costly design changes, or worse.

 What You Need to Know:

Attaining legacy status would allow projects already in the design phase to proceed under pre-REAL standards. This is achievable only if a technically complete application for an applicable NJDEP permit is filed prior to July 20, 2026, or if a qualifying local approval or other limited statutory exception applies.

A “complete” application must be both administratively and technically complete. For coastal zone management area (CAFRA) individual permits, completeness means ready for public hearing or public comment. If this deadline is not met, projects will be subject to the new REAL design requirements under the updated rules CAFRA, freshwater wetlands, flood hazard, and stormwater management programs.

The NJDEP does not need to deem an application complete before July 20, 2026, but if the agency later determines the submission was incomplete, legacy eligibility is lost. Early submission is strongly recommended to mitigate this risk.

Next Steps for Owners and Developers:

Owners and developers should promptly:

1. Evaluate project exposure under the REAL rules;
2. Confirm legacy eligibility;
3. Submit complete applications well in advance of July 20, 2026; and
4. Coordinate NJDEP and municipal land use approvals.

Strategic planning now can prevent costly redesigns and delays under New Jersey’s evolving environmental regulatory framework.

For more information, please contact Robert Baranowski at baranowski@hylandlevin.com or Dennis Tuohy at tuohy@hylandlevin.com.