The New Jersey Department of Environmental Protection (DEP) announced this week that it is proposing to extend a key deadline within the state's REAL rules (Resilient Environments and Landscapes) by one full year. The change affects property owners and developers who are in the permitting process or considering starting one.
What Are the REAL Rules?
The REAL rules are a set of environmental regulations adopted by the state in January 2026 that updated New Jersey's standards for development near coastal areas, wetlands, floodplains, and other sensitive land. They amended the state's existing rules on flood hazard areas, stormwater management, coastal zones, and freshwater wetlands, all areas that directly affect properties along the Shore.
When the rules took effect, the DEP included what are called "legacy provisions," a window of time during which property owners with permit applications already in progress could still be reviewed under the older, pre-REAL standards rather than the newer ones.
What Is Changing?
That legacy window was originally set to close on July 20, 2026. Under the proposed extension, it would remain open until July 20, 2027.
The DEP filed the rulemaking proposal on May 30, 2026. It was published in the New Jersey Register on June 1, 2026, and will include a 60-day public comment period along with a virtual public hearing.
Why the Extension?
DEP Commissioner Ed Potosnak stated that the Sherrill Administration wants to take a closer look at the REAL rules before full implementation to make sure they appropriately balance environmental protection with practical realities, including housing development, government efficiency, and the needs of coastal communities.
"This extension gives us time to meaningfully engage with local leaders, communities, and other stakeholders across New Jersey to get this right."
Governor Mikie SherrillThe REAL rules have generated significant debate since their adoption. Shore communities, builders, and business groups have raised concerns about their impact on development costs, housing supply, and property values. The New Jersey Builders Association and the New Jersey Business and Industry Association filed a legal challenge to the regulations earlier this year.
What This Means if You Own Property in Bay Head or Mantoloking
For homeowners and buyers in our market, the one-year extension means a few things worth knowing.
Key Points for Property Owners
- If you have a permit application that is administratively and technically complete, you may be able to have it reviewed under the pre-REAL standards, but the application must be submitted by July 20, 2027, under the proposed extension, pending final adoption of the rule change.
- If you are planning a renovation, addition, or new construction near the water, tidal areas, or wetlands, the extended window may give you more time to work within the existing regulatory framework.
- The rules themselves are not being repealed. They remain in effect. What is changing is the timeline for when the new standards become the only option for permit review.
Permitting near the water on the Jersey Shore has always required careful planning and professional guidance. That remains true today.
Next Steps
The proposed extension will go through a public comment period before it is finalized. If you have opinions on the REAL rules and their impact on Shore communities, this is the time to make your voice heard through the DEP's public process.
If you have questions about how current regulations may affect a property you own, are considering purchasing, or are planning to improve, we recommend speaking with a licensed New Jersey attorney or environmental consultant who specializes in land use and permitting.
And if you are thinking about buying or selling in Bay Head or Mantoloking, we are always here to talk through what the market looks like and how regulatory factors are affecting property values and timelines.
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