Last reviewed/updated 6/30/2025
Overview
Stormwater is a natural resource that is integral to the earth’s water cycle. This includes rainfall-runoff and ice/snow meltwater, However, excessive stormwater runoff from developed areas can lead to localized flooding and water pollution. Climate change is increasing the occurrence of extreme weather events, exacerbating both inland and coastal flooding problems. Policies can change the way that we design our buildings and infrastructure to plan for increased stormwater and flooding. Statewide rules such as the New Jersey Protecting Against Climate Threats (NJ PACT) suite of rules packages can help the entire state address these issues. However, rollout of these rules has been slow and revisions have reduced their potential effectiveness.
Current Status:
NJDEP has proposed the REAL Rules to protect our communities from future storms. This is part of New Jersey Protecting Against Climate Threats (NJ PACT) suite of rules that has been rolling out since 2020. The latest package of rules is being wittled down by business interests; worse yet, even these watered-down rules may never see the light of day if the clock runs out: Governor Murphy has until August 4, 2025 to adopt the NJPACT REAL rules. We need your help to increase public pressure to adopt them.
What you can do: Urge Governor Murphy to protect our communities and strengthen climate policies. Sign the petition to support the NJ PACT REAL Rules!
Other recent policy improvements that have successfully been established include the green infrastructure rule (2021), inland flood protection rule (2024), as well as updates to the municipal watershed improvement plan and MS4 permit systems (2023).
Want to make a difference in your own backyard? Check out our New Jersey Landscape Makeover Program.
BACKGROUND
New Jersey is the first state in the nation to initiate a comprehensive approach to address the effects of climate change. Leaders in statewide government have been working on a series of policy improvements that focus on flooding hazards for both inland and coastal communities.
Green Infrastructure Rules
Effective March 2, 2021, New Jersey began requiring all new public and private developments to use green infrastructure to manage stormwater. That means instead of relying on pipes and drains—what’s known as “grey infrastructure”—developers now need to build in more natural solutions like rain gardens, bioswales, and permeable pavement. These features help soak up rain where it falls, filtering pollution and keeping it out of rivers, streams, and drinking water sources. The state also set clear, measurable standards to ensure these green practices are spread across a project site, maximizing effectiveness and reducing pollution in local waterways.
MS4 Permit Updates
Every town in New Jersey needs to obtain an MS4 permit (Municipal Separate Storm Sewer System permit) to control pollution from stormwater systems. Starting January 1, 2023, New Jersey took stormwater management a step further by holding towns and cities to a higher standard through updates to the MS4 permit process.
Under new rules, every municipality must create a Watershed Improvement Plan that lays out how they’ll tackle local water pollution—from mapping out existing storm drains to pinpointing where green infrastructure can make the biggest difference. Towns are also responsible for making their stormwater systems more visible and accountable, enforcing new rules on pollution, and even fixing old infrastructure on private properties.
NJ PACT Inland Flood Protection (IFP) Rules
A major update came in July 2023, when the Inland Flood Protection Rule went into effect. This rule is all about preparing for the kinds of floods New Jersey is already seeing more often due to climate change. Prior to this, developers used outdated rainfall data when designing buildings and stormwater systems. The effectiveness of the 2021 Green infrastructure rules was limited, since developers could use outdated precipitation data for their calculations and were therefore under-designing for current and future needs.
Now, developers are required to plan for future storms using modern, science-backed data. That means bigger basins, stronger culverts, and higher building elevations—at least two feet above state flood maps, or three feet above FEMA’s, whichever is higher. It’s a big step toward keeping people, property, and entire communities safer as extreme weather becomes more common.
NJ PACT Resilient Environments and Landscapes (REAL) Rules
Looking to the future, NJDEP is rolling out an even broader effort called the REAL (Resilient Environments and Landscapes) rules. These would amend New Jersey’s existing flood hazard, stormwater, coastal zone, and freshwater wetland regulations to address the impacts of our changing climate. These rules would also have the benefit of improving water quality and bringing attention to the needs of overburdened communities. These proposed updates will make sure New Jersey’s land use laws are grounded in the latest climate science.
The full REAL rule proposal can be found here. In summary, the rules would:
- adjust Coastal Flood Hazard Areas to reflect rising sea levels and related storm surges, extending areas that must comply with the rules further inland and requiring buildings to have higher first-floor elevations or floodproofing and roads to be higher;
- create an Inundation Risk Zone to address risk for residential building and critical structures proposed in areas of permanent or daily inundation due to rising sea levels;
- improve water quality and reduce flooding by adding sound stormwater management practices in areas where stormwater is not adequately managed;
- support renewable energy by balancing habitat conservation with infrastructure demands;
- improve State alignment with FEMA’s National Flood Insurance Program (NFIP); and
- improve DEP permitting processes to track authorizations and permits from the start of construction to the completion of the project.
The REAL rules are especially important to protect the Pinelands. Just this past August, a “microburst” during a thunderstorm caused extensive damage in Medford and Evesham townships. In November 2018, nearly a foot of rain deluged parts of Wharton State Forest, making unimproved roads impassable and forcing closures of all access points for the Batsto, Mullica, Oswego, and Wading rivers. We urge New Jersey residents, particularly those in the Pinelands, to support the REAL rules.
Timeline
March 2021: Green infrastructure rules went into effect (N.J.A.C. 7:8), mandating decentralized stormwater management practices (a.k.a. BMP’s = Best management Practices) such as rain gardens, bioretention basins, and green roofs on all major developments.
January 2023: Changes made to the MS4 Permit system, requiring all municipalities to create watershed improvement plans and take more actions to reduce water pollution.
July 2024: NJ PACT Inland Flood Protection (IFP) Rules went into effect. This requires stormwater BMP’s to be designed for current and future precipitation patterns.
August 2024: NJ PACT REAL rules were proposed. The Resilient Environments and Landscapes (REAL) rules propose further amendments across Stormwater (NJAC 7:8), Flood Hazard (7:13), Wetlands (7:7A), and Coastal Zone (7:7) to incorporate the latest climate science.
August 2025: Deadline to adopt the revisions to the REAL rules, or the whole package expires!
The New Jersey Landscape Makeover Program
The South Jersey Landscape Makeover Program provides homeowners, municipalities, and farmers with expert advice and financial assistance to create rain gardens and other “green infrastructure” projects that capture polluted stormwater and prevent it from entering our lakes, rivers, and bays.
For More Information go to the New Jersey Landscape Makeover Program.
Additional Resources
Webinar by the Watershed Institute: “Exploring the REAL Rules,” which explained the rules and their potential impact and debunked some of the myths surrounding them. You can watch a replay on YouTube here.