Wetlands, waterways and flooding
Freshwater and coastal wetlands, stream and river encroachment, flood hazard areas, flood maps and the coast. What changed, the rules that apply and the dates ahead for projects in New Jersey, New York, Connecticut and Pennsylvania.
Latest briefings
- HighNew JerseyFree to read
New Jersey adopts one-year extension letting complete applications use its older land-use rules until July 2027
Applications the state declares administratively and technically complete before July 20, 2027 will be reviewed under the pre-2026 land-use rules rather than the climate-adjusted flood standards.
- LowHudson County, NJ
New Jersey's Hudson River waterfront projects need a state permit, a public walkway and flood review
Local redevelopment approvals along the Hudson do not settle the state waterfront permit, which carries a permanent public walkway obligation and, unless an application qualifies for legacy review, the climate-adjusted flood standards.
- HighNew Jersey
Federal proposal would regulate only streams and wetlands with water all year; comments close October 9
A supplemental federal proposal would narrow which waters need Army Corps permits in New Jersey, New York, Connecticut and Pennsylvania to those holding water every day in ordinary conditions; current rules apply meanwhile.
ProposedWetlands & flooding - MediumNew Jersey
New Jersey awards 16 farm-solar projects totaling 52 megawatts with farmland, soil and wetlands conditions
On August 12, 2026 the Board of Public Utilities conditionally approved 16 dual-use solar projects in eight counties and denied one on wetlands grounds. Awardees face 30- and 90-day filing deadlines, a state permitting meeting, and 15 years of annual farm reporting.
- LowNew Jersey
Federal: HUD proposes dropping the higher flood-elevation standard for assisted housing in floodplains
HUD's July 10, 2026 proposal would restore the 100-year floodplain as the standard for HUD-assisted and insured projects. Comments closed September 8, 2026. FEMA already stopped applying the higher standard to its own funding in March 2025.
ProposedWetlands & floodingHousing - MediumNew Jersey
New Jersey amends coastal permit law so nuclear plant review turns on proposed waste storage
A law approved April 8, 2026 amends the Coastal Area Facility Review Act so that DEP may approve a nuclear generating facility only if it finds the proposed waste storage or disposal method safe and consistent with Nuclear Regulatory Commission standards. It took effect immediately.
- LowNew Jersey
Building in New Jersey's Highlands Preservation Area faces strict state limits on paving and septic systems
Major development in the Preservation Area needs a state approval under fixed limits on impervious cover, stream buffers and septic density, so applicability and exemptions should be settled before a parcel is valued.
Rules 12
- Federal · 91 FR 768 (January 8, 2026); 33 CFR Part 330Army Corps nationwide permits (2026 set)
- New Jersey · N.J.S.A. 13:19-1 et seq.; N.J.A.C. 7:7CAFRA coastal development permits
- New Jersey · N.J.A.C. 7:13, 7:7, 7:7A, 7:8 (REAL rule)Climate-adjusted flood and coastal rules (REAL)
- Federal · 16 U.S.C. 1456(c); 15 CFR Part 930Coastal consistency review of federal permits
- New Jersey · N.J.S.A. 12:5-3; N.J.S.A. 13:19; N.J.A.C. 7:7Coastal zone and waterfront development permits
- Federal · 42 U.S.C. 4001 et seq.; 44 CFR 59.1, 60.3; 44 CFR Part 67Federal flood map and floodplain building rules (NFIP)
- Federal · 33 U.S.C. 1344; 33 CFR Parts 320–332; 40 CFR Part 230Federal permits to fill wetlands and waters (Section 404)
- New Jersey · N.J.S.A. 58:16A-50 et seq.; N.J.A.C. 7:13Flood hazard area and riparian zone permits
- New Jersey · N.J.S.A. 13:9B-1 et seq.; N.J.A.C. 7:7AFreshwater wetlands and buffer permits
- New Jersey · N.J.S.A. 12:3-1 et seq.; N.J.S.A. 13:1B-13.1Tidelands licenses for state-owned waterfront land
- Federal · 33 U.S.C. 1362(7); 33 CFR 328.3; 40 CFR 120.2Which waters and wetlands are federally regulated (WOTUS)
- Federal · 33 U.S.C. 403; 33 CFR Part 322Work in navigable waters: piers, bulkheads and dredging (Section 10)