A Notice of Substantial Change to the NJDEP REAL Rule Proposal will be released on Monday, July 21, in the New Jersey Register. The immediate positive is that it provides more time for projects to be legacyed under the current rules. Not only does it extend the rule proposal review period by up to six months, but it also expands the legacy provisions. The proposal gives applicants 180 days from the effective date of REAL to submit a complete application before new standards apply.
If you were holding off on development projects due to the expected REAL rule adoption early next month, this is an opportunity to forge ahead under the current rules. The REAL Rules with the substantial changes incorporated are expected to be adopted by the end of the year and the 180-day legacy period will follow thereafter, allowing submissions through June 2026 to potentially be reviewed under the current standards.
- A briefing of the forthcoming notice of substantial change can be viewed at http://52.206.14.202/65C0C8/assets/files/documents/REAL%20changes%20Jul25%20briefing.pdf.
- To provide additional information to the public, the DEP will record a webinar and post it on the REAL website on July 18 at REAL – Resilient Environments and Landscapes WEBINARS, to outline the changes to the original REAL proposal.
- A Virtual Public Hearing is scheduled for September 3rd at 6:00 p.m.
- Adoption of the original rule proposal with substantial changes incorporated is expected by January 2026.