New Jersey Makes Changes to Proposed Efforts to Combat Sea Level Rise and Flood Risks

(Trenton, New Jersey – July 22, 2025) New Jersey Governor Phil Murphy announced new amendments to a coastal building rule package proposed last year, which was designed to put safeguards in place for construction in high-risk flood zones.  

Such amendments include lowering building elevation requirements and adding rule exemptions for affordable housing developers, among others. Environmentalists support safeguards that prioritize public safety but warn that providing too many exemptions, especially around affordable housing, may create loopholes that put communities in harm's way of increasing climate-driven flooding.

“If we’ve learned any lessons from Hurricanes Sandy, Ida and the flooding we experienced just last week, it’s that residents can’t rely on homes and infrastructure that were built for the last century. We encourage leaders to implement safeguards that protect New Jersey communities, without creating loopholes that would result in long-term damage to people, property and infrastructure.

“Exceptions for affordable housing compromise on the health and wealth of low- and moderate-income residents, while leaving taxpayers responsible for the costs of more frequent and severe climate-driven flood damages. This is particularly concerning, especially in a time when we need more affordable housing options.

“New Jersey has an opportunity to be a national model for resilient, climate-smart development with stricter building regulations. We strongly encourage the administration to adopt safeguards as soon as possible, but to reconsider exemptions around affordable housing and any weakening of rules around coastal risk areas.”

Background:  

• New amendments to the proposed REAL Rules package include:  
  • Developers will now prepare buildings for four feet of sea level rise, instead of five feet, reflecting recently updated domestic and international climate projections
  • There will be exceptions to some building rules for affordable housing developers on the basis of compelling public need.
  • Increases guidance and flexibility – particularly in areas facing tidal inundation – around “dry access” requirements, which are designed to ensure reliable access to buildings in flood hazard areas. 

• These amendments will go to public comment, delaying the adoption of REAL Rules that were previously set to go into effect later this year.