On June 1, 2026, the New Jersey Department of Environmental Protection (NJDEP) published a proposal to extend the Resilient Environments and Landscapes (REAL) Rules’ “legacy” period—during which qualifying applications may be reviewed under the pre-REAL Rules regulatory framework—until July 20, 2027. The REAL Rules, adopted on January 20, 2026, amended the Coastal Zone Management Rules,1 Freshwater Wetlands Protection Act Rules,2 Stormwater Management Rules,3 and Flood Hazard Area Control Act Rules.4 The original 180-day legacy period for certain permit applications was set to expire on July 20, 2026. NJDEP’s proposal would give qualifying applicants another year to seek review under the prior rules.

To qualify, an applicant must submit an individual permit, general permit, verification, letter of interpretation, transition area waiver, or water quality certificate application that NJDEP deems administratively and technically complete. The extension would not apply to new permits-by-registration or general-permits-by-certification, which have been subject to the new REAL Rules since January 20, 2026.

According to NJDEP, the extension would give the agency time, consistent with Governor Mikie Sherrill’s Executive Order 5, to assess targeted amendments to streamline or simplify permit reviews while preserving the REAL Rules’ core goals. Indeed, during the extended legacy period, NJDEP plans to solicit input on potential amendments from residents, local governments, developers, and other environmental and business stakeholders. NJDEP will hold a virtual public hearing on July 7, 2026, and invites written comments by July 31, 2026. Any amendments would then proceed through Administrative Procedure Act rulemaking. This follows a robust public comment period that occurred in 2024 and 2025, which led to NJDEP’s publication of a Notice of Proposed Substantial Changes to the REAL Rules on July 21, 2025.

This proposal represents a meaningful step toward increased collaboration between the regulated community and the Governor’s office on the REAL Rules, signaling the Sherrill administration’s willingness to revisit major regulatory initiatives adopted in the final days of the Murphy administration. Entities with projects potentially affected by the REAL Rules are advised to evaluate whether their applications are eligible for the proposed extended legacy period and, if so, begin planning to submit applications in the near future. The applications should be submitted well before the July 20, 2027, deadline to allow time for questions from NJDEP (and, potentially, resubmissions) before the application is deemed administratively complete. The regulated community should also track the stakeholder input and public comment periods for the potential REAL Rules amendments. This is an opportunity for entities to impact how those amendments are shaped.

For questions about the proposed extension or the REAL Rules, please contact the authors of this Client Alert.

1 N.J.A.C. 7:7.

2 N.J.A.C. 7:7A.

3 N.J.A.C. 7:8.

4 N.J.A.C. 7:13.