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NJDEP's REAL Rules: Proposed Extension of the Legacy Period Could Provide Additional Relief for Pending Projects

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| New Jersey Law Journal
Peter Chacanias

In an article published by the New Jersey Law Journal, Flaster Greenberg real estate attorney Peter Chacanias examines recent developments surrounding the New Jersey Department of Environmental Protection's Resilient Environments and Landscapes (REAL) regulations. The article traces the evolution of REAL, including significant revisions made in response to concerns raised by developers, property owners, municipalities, and industry groups.

Peter focuses on the ongoing debate surrounding REAL's grandfathering provisions, known as the "Legacy Period," and NJDEP's proposal to extend that period by an additional year. The article also discusses the legislative and legal challenges that have followed REAL's adoption, including actions by state lawmakers and pending litigation brought by the New Jersey Builders Association.

The article concludes that, while the proposed extension would provide applicants with additional time to pursue approvals under pre-REAL regulations, the future implementation of REAL remains an important issue for New Jersey's land use, development, and real estate communities.

Read Peter Chacanias's full article in the New Jersey Law Journal. (Subscription required)

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