Governor Sherrill’s DEP Holds Exclusive Meetings After Formally Proposing Rollbacks to Flood Protection and Stormwater Management Regulations, Sides with Builders’ Profits
After two devastating flash flood events across the State this month, the New Jersey
Department of Environmental Protection (NJDEP) began exclusive meetings today with builders and
representatives opposing more protective flood protection and stormwater management rules referred to
as New Jersey Protecting Against Climate Threat Resilient Environment and Landscapes (NJPACT
REAL). Environmental and public safety advocates overwhelmingly support NJPACT REAL, while
building and business organizations have opposed this long-term policy in favor of short-term profits.
Two organizations representing builders suing the State over the REAL rules were invited into this series
of rule re-negotiation meetings where revisions to the rule are being discussed over the next six weeks.
On June 1, 2026, Governor Sherrill’s NJDEP formally proposed a rollback to the NJPACT REAL rules
that went into effect on July 20, 2026.
“The REAL rules need to remain in place. The flooding we have seen this July is evidence that New
Jersey must take action,” said Jennifer Coffey, ANJEC Executive Director. “Rolling back and delaying
the flooding rules while negotiating directly with builders who are suing the State sends a clear message
about the Governor’s priorities and places public safety directly in harm’s way.”
The NJPACT REAL rules require new residential and new critical infrastructure including hospitals,
schools, police and fire stations to be built above flood elevation. The REAL rules update old and
inaccurate FEMA maps by using data from the 2025 New Jersey Science and Technical Advisory Panel
on Sea-Level Rise and Coastal Storms (STAP), so that buildings constructed in flood-prone areas today
protect lives and are less likely to become tomorrow’s repetitive-loss properties.
New Jersey is the most densely populated state in the nation with much of her development pre-dating
modern stormwater rules to manage flooding and protect water quality first adopted in 2004. The
NJPACT REAL rules also included provisions for requiring stormwater management on redevelopment
projects. Functionally, redevelopment projects are currently exempt from stormwater management.
Failure to address flooding originating from old parking lots and strip malls, for example, as they are
redeveloped impedes the reduction of repeated localized flooding.
“Every day that REAL is delayed means more development and redevelopment that is approved under
standards that put people in harm’s way and burdens already overwhelmed municipal capacities,” said
Mike Pisauro, Policy Director for The Watershed Institute. “Municipalities already are dealing with
ever intensifying flooding. Delay in REAL, increases the costs on municipalities and their property
owners. These costs are already too much and will continue to rise. New Jerseyans cannot afford these
costs in loss of life and expenses.”
Sea-level rise in New Jersey is also outpacing much of the country. Since 1912, sea level at Atlantic City
has risen by about 1.5 feet, which is roughly three times the global average. Because sea level rise is not
linear, the past is not a predictor of the future. The NJPACT REAL rules would update New Jersey’s
building standards to reflect current and future flooding, rather than relying on data from old historical
flood levels.
“Beyond New Jersey’s built space, any delay in implementing the REAL rules endangers our preserved
lands, including the delicate ecosystem within the one million acres of the Pinelands, particularly the
17-trillion-gallon Kirkwood-Cohansey aquifer that provides drinking water for about one million people,
irrigation for 200,000 acres of farmland, and habitat to dozens of endangered species.
Flooding threatens the quality of this vital water supply,” said Michael Klein, director of government relations
for the Pinelands Alliance.
Failure to act to reduce New Jersey’s flooding problems will also exacerbate economic and insurance
challenges. From 1980–2024, there have been 72 confirmed weather/climate disaster events with losses
exceeding $1 billion each in New Jersey, according to the National Center for Environmental
Information. Whereas the federal government has long been a partner in recovery aid after flooding
disasters, New Jersey can no longer rely on federal funds and must cover the cost of flooding damage
using state and local community funds. In a state that ranks first in the country for highest flood damage
costs per square mile, we need to evaluate if this is a risk we can afford. Delaying the NJPACT REAL
rules will cause economic harm to New Jersey by worsening flood conditions and flood damage.
The repeal of the NJPACT REAL flood protection rules supports increases in insurance costs.
“Per Moody’s Ratings, effective governance and risk management often correlate with lower physical
climate risk vulnerability in regions of high exposure, supported by preparedness measures (including
alert systems and adaptation steps), dedicated reserves, relief funds and infrastructure maintenance, as
well as zoning, regulation and building codes. Investment in adaptation and resilience can reduce the
protection gap by lowering risk exposure as well as contributing to insurance market stability,”
according to Moody’s update May 26, 2026.
“For a densely developed state surrounded by water, relying on historical flood conditions is no longer
sufficient, and is increasing risk and costs to New Jersey”, said Danielle McCulloch, executive Director
of the American Littoral Society “The REAL rules were built on years of science, public input, and
technical analysis on New Jersey impacts. Any changes or delays should be guided by that same
commitment to evidence.”
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CONTACT:
Jennifer M. Coffey, ANJEC Executive Director, jcoffey@anjec.org
Michael Pisauro, Policy Director, mpisauro@thewatershed.org
Danielle, McCulloch, American Littoral Society, Executive Director, danielle@littoralsociety.org
PRESS RELEASE:
Governor Sherrill Increases Flood Risk for New Jersey Families, Delays Environmental Regulations, Sides with Builders’ Profits
May 29, 2026
CONTACT:
Jennifer M. Coffey, ANJEC Executive Director, jcoffey@anjec.org
Michael Pisauro, Policy Director, mpisauro@thewatershed.org
Doug O’Malley, State Director, Environment NJ, domalley@environmentnewjersey.org
Trenton – Governor Sherrill is delaying implementation of the long awaited New Jersey Protecting Against Climate Threats Resilient Environments and Landscapes (NJPACT REAL) rules. Environmental and community advocates say that this decision is dangerous and places New Jersey residents squarely in harm’s way.
This delay with likely changes to the rule, will also make New Jersey more expensive. It may eliminate the boost to New Jersey’s credit rating given by Moody’s after then Governor Murphy issued Executive Order 100 calling for addressing climate change through NJPACT. It also ignores two studies by the U.S. Chamber of Commerce and Allstate that found that investment in resiliency reduces the cost of rebuilding and minimizes job loss, economic loss and migration of people by $13 dollars for every dollar invested.
“Rescinding the NJPACT REAL rules puts New Jersey lives at risk. Reinstating old rules based on outdated science also puts New Jersey family homes at greater risk of flood, and places emergency responders, and critical infrastructure including hospitals, police and fire stations in harm’s way,” Jennifer M. Coffey, ANJEC Executive Director. “The NJPACT REAL rules are common sense regulations built on sound science. We know better now, so we have an obligation to build smarter to protect the people of New Jersey and our shared environment. Delaying these rules is a capitulation to big money interests to line their pockets and quite literally puts the lives and homes of everyday New Jerseyans at more risk of flood damage.”
The NJPACT REAL regulations simply require new development and redevelopment standards to prepare for the flooding that is happening and that we know will happen through the year 2100. The NJPACT REAL rules would have required that new development be constructed above the areas that will flood. Even States like Florida have begun to update their building codes to reflect current data to make new construction more resilient to the impacts of flooding. States including North Carolina, Texas, Kentucky, and New Jersey have seen devastation, lost lives, and destroyed property by ignoring up-to-date science on flooding risks.
“After years of public process, technical review, and stakeholder input, the NJPACT REAL rules are not rushed. They are overdue. Every delay means New Jersey continues allowing public dollars, disaster aid, and state resources to be poured into construction and rebuilding in places we already know are at increasing risk of flooding. A small number of interests may benefit from delaying stronger standards, but everyday New Jerseyans are left paying the bill through repeated flood damage, rising recovery costs, strained emergency services, and more vulnerable communities. All New Jerseyans should be concerned when common-sense protections are postponed at the expense of public safety, fiscal responsibility, and our shared future.” Danielle McCulloch, Executive Director, American Littoral Society
“Let’s be clear: the Sherrill administration’s decision will make New Jersey more expensive and more vulnerable,” said Jim Waltman, Executive Director of The Watershed Institute. “Every permit issued under outdated, legacy standards puts people and property at greater risk. Every redevelopment project that fails to account for worsening flooding conditions locks in future damage. The result is predictable—higher costs for municipalities, taxpayers, and property owners who will be forced to rebuild again and again after storms that our policies should have anticipated. By sidelining the science-based protections in the REAL Rule, we are choosing short-term convenience over long-term resilience. New Jersey will pay for that choice—not just in damaged infrastructure, but in lost economic productivity, displaced residents, and communities that become harder to sustain. Decisions driven by outdated information and pressure from development interests will leave taxpayers holding the bill.”
Failure to act to reduce New Jersey’s flooding problems will also exacerbate economic and insurance challenges. From 1980–2024, there have been 72 confirmed weather/climate disaster events with losses exceeding $1 billion each in New Jersey, according to the National Center for Environmental Information. Whereas the federal government has long been a partner in recovery aid after flooding disasters, New Jersey can no longer rely on federal funds and must cover the cost of flooding damage using state and local community funds. Delaying the NJPACT REAL rules will cause economic harm to New Jersey by worsening flood conditions and flood damage.
The repeal of the NJPACT REAL flood protection rules supports increases in insurance costs.
“Per Moody’s Ratings, effective governance and risk management often correlate with lower physical climate risk vulnerability in regions of high exposure, supported by preparedness measures (including alert systems and adaptation steps), dedicated reserves, relief funds and infrastructure maintenance, as well as zoning, regulation and building codes. Investment in adaptation and resilience can reduce the protection gap by lowering risk exposure as well as contributing to insurance market stability,” according to Moody’s update May 26, 2026.
New Jersey is also the fastest warming state in the nation and consistently among the top three states with the highest amount of insurance claims due to flooding. Transforming communities with old development into ones that are resilient to the increasing impacts of climate change and flooding takes time. Advocates argue that the time to start is now.
“Governor Sherrill’s REAL protections decision sends a devastating message to young people across New Jersey who will be forced to live with the consequences of climate inaction for decades to come. Delaying REAL protections by another year while developers continue to profit off unchecked overdevelopment is unacceptable. Communities across our state are already dealing with worsening flooding, rising insurance costs, disappearing open space, and extreme weather fueled by the climate crisis. New Jersey cannot afford more delays while corporate interests get special treatment behind closed doors,” said Ben Dziobek, Executive Director of Climate Revolution Action Network. “We are deeply disappointed that this administration chose to side with wealthy developers instead of working class residents fighting to protect their homes.”
New Jersey is the most densely populated state in the nation with much of her development pre-dating modern stormwater rules to manage flooding and protect water quality adopted in 2004. The NJPACT REAL rules also included provisions for requiring stormwater management on redevelopment projects. Functionally, redevelopment projects are currently exempt from stormwater management. Failure to address flooding originating from old parking lots and strip malls, for example, as they are redeveloped impedes the reduction of repeated localized flooding.
“New Jersey cannot squander the opportunity to enforce first-in-the-nation science-based policy to protect the precious resources of the Pinelands. Any delay in implementing the REAL rules endangers the delicate ecosystem within the one million acres of the Pinelands, particularly the 17-trillion-gallon Kirkwood-Cohansey aquifer thatprovides drinking water for about one million people, irrigation for 200,000 acres of farmland, and habitat to dozens of endangered species. Flooding threatens the quality of this vital water supply. In addition, rising sea water and storm surges are forcing saltwater upstream into the Pinelands’ forests, killing trees at the root and creating “ghost forests.” The evidence supporting the need for the REAL rules is plain, and a 12-month delay will trigger years’ worth of irreversible damage,” said Michael Klein, Director of Government Relations, Pinelands Alliance.
“Climate change is real and its impacts on our communities are getting worse. We need to focus both on reducing climate pollutants and to be prepared for the next storm. Nowhere is this more true than New Jersey’s coastal communities, from the Shore to our towns and cities bordering coastlines. NJDEP’s REAL coastal flooding rule is the logical response to rising sea levels and more frequent coastal flooding — and they have already gone through a six-year process leading to its adoption. The Sherrill Administration’s decision to delay the coastal flooding rules gives developers another year of using antiquated data that won’t protect our communities and homes from tomorrow’s storms. These rules need to be adopted as quickly as possible to ensure we don’t leave more communities at risk,” said Doug O’Malley, Director of Environment New Jersey.
““We are very disappointed by this delay by the Sherrill Administration,” said Anjuli Ramos-Busot, NJ Sierra Club Director. “When it comes to severe weather, sunny-day flooding at the shore and communities impacted by floods in New Jersey, the situation is not getting any better. New Jerseyans know really well what it is to lose your property, your business, and even your life because of severe rain events and never before seen flash floods. And now, in 2026, we are even expected to experience a record-breaking Super El Niño, which would just bring more drought, more flooding, and more extreme heat that will contribute to a stronger hurricane season for New Jersey and the entire region.”
Petition to the Governor of New Jersey:
A Three-Year Moratorium on New Data Centers
A new generation of hyperscale data centers is being constructed across the country that requires enormous amounts of electricity and water. Many data centers are approved by municipal officials without the expertise or data to evaluate projects with regional impacts on power grids, aquifers, and nearby communities.
At a time when New Jersey is already grappling with rising energy demand, aging grid infrastructure, and climate pressures on water resources, approving multiple large data centers without comprehensive planning could strain both our electrical system and local water supplies. Taking a measured pause now will help ensure that decisions made today do not create irreversible harm tomorrow.
Guidance on Dead or Diseased Birds, possible Avian Flu.
ANJEC is monitoring this developing situation and will share any updates as soon as they become available to us. In the meantime some resources to assist.
- Report dead/diseased birds to NJDEP
- Guidance from NJDEP on disposal/handling of any dead or diseased birds that may be infected with Avian Bird Flu (HPAI – Highly Pathogenic Avian Influenza).
- Guidance from Cornell Ornithology Lab on maintaining home bird feeders.
We encourage you to speak out for NJ’s Environment by contacting your elected representatives in the New Jersey Assembly and Senate on pertinent bills.
Find the NJ legislators that represent your town
- Interactive map of legislative districts
- Numerical listing of legislative districts
- Search legislative bills by number, sponsor, subject or keywords