Is mixed-use commercial subject to the REAL rules?

In accordance with N.J.A.C. 7:13-11.5(a)2, mixed use commercial, commonly understood as residential over commercial space is subject to the elevation requirements of the REAL rules. However, it is not subject to the NJDEP permitting requirements if the development is in the IRZ. It is subject to NJDEP permitting requirements if the development is in other protected areas such as CAFRA and Wetlands. NJDEP should be contacted to confirm exemption.

Please note that certain types of activities, although may be exempted from the Inundation Risk Zone rules, a project may need to comply with the substantial improvement or substantial damage regulations of the Uniform Construction Code.