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The Highlands Water Protection
and Planning Act, N.J.S.A. 13:20-1 et seq. protects
drinking water for over 5.4 million people and helps
preserve New Jersey's dwindling open space. Use this
Web site to familiarize yourself with the regulations
and the DEP Highlands
regulatory program. The information provided here can
assist homeowners, property owners, builders, and municipalities
in determining if a project is located in the Highlands
Region, what exemption criteria may apply, and development
standards that may be required.
The Department of Environmental Protection is readopting
with amendments the Highlands Water Protection and Planning
Act rules, N.J.A.C. 7:38. The Highlands rules implement
the Highlands Water Protection and Planning Act signed
on August 10, 2004, and replace the Special Adoption
of May 9, 2005. The rules incorporate the requisite standards
of various land use, water resource and environmental
protection statutes and establish a consolidated Highlands
permitting review and approval process for activities
constituting major Highlands development proposed in
the Preservation Area. The rule adoption will be published
in the December 4, 2006 New Jersey Register.
The Department is making several agency initiated changes
on adoption, all of which either clarify or make consistent
provisions of the rules. In addition, based upon public
comments, the Department is providing the following amendments
upon adoption:
At N.J.A.C. 7:38-2.2(b), 3.4(b)5v, 3.5(a)2v, 3.7(e)9,
6.4(i) the Department is changing the reference from “deed
restriction” to “conservation restriction” since
this is the term defined by the rules at N.J.A.C. 7:38-1.4.
The Department is clarifying the provisions at N.J.A.C.
7:38-2.4(a) and (b) to more clearly describe what a Highlands
applicability determination is (2.4(a)) and when it is
required (2.4(b)).
The Department is clarifying N.J.A.C. 7:38-2.4(c) and
2.6(d) relating to certain types of NJPDES permits and
their interaction with the Highlands Act and rules. The
Department is also renaming N.J.A.C. 7:38-2.6 to more
properly refer to NJPDES permitted discharges (instead
of wastewater discharges).
The Department is restructuring N.J.A.C. 7:38-3.6(b)
(alternatives for linear development through Highlands
open waters) and 3.8(c) (alternatives for linear development
on steep slopes) to require the consideration of location,
design and or configuration as part of the test of feasible
alternatives for all applications proposing linear development.
The remaining criteria, relating to points of access
and shared driveways, apply only to specific applications
for linear development to accommodate lot development.
Also, relating to the requirements for permitting driveways
as linear development in or adjacent to Highlands open
waters or on steep slopes, the Department is clarifying
that when an owner offers the land for sale to government
agencies using Garden State Preservation Trust money,
they should follow the procedures governing such sales.
The effect of this change is to ensure that land is appraised
using appropriate procedures. For entities purchasing
land using State money, the State obtains two market
values, one representing pre-Highlands Act and one representing
current values and is required to negotiate the purchase
using the higher value. The same amendment is being made
to the language relating to taking waivers at N.J.A.C.
7:38-6.8(g)3, since it also requires that property owners
offer the land for sale.
At N.J.A.C. 7:38-3.10, a definition of intensive level
architectural survey is being added. There is a second
minor clarification in that section as well. There are
two thresholds established for the requirement to investigate
historic resources on a site relating to water. One lists
specific waterbodies and requires investigation within
1000 feet, the other, more generic, refers to waterbodies
meeting certain criteria and requires investigation within
500 feet. The Department is clarifying that when a named
waterbody is on the site, the 1000-foot threshold for
investigation should be used.
The Department is clarifying N.J.A.C. 7:38-6.6(k)6i
relating to stormwater management criteria to be satisfied
on brownfield and other redevelopment sites.
Finally, at N.J.A.C. 7:38-10.2(d), the Department is
making a minor amendment to its fee provisions relating
to Highlands preservation area approvals (HPAA) for which
Highlands resource area determinations (HRAD) have already
been obtained. The net affect of the change is to reduce
the fee to be paid by an applicant for a HPAA if an HRAD
was already obtained.
Click
here to view the Readopted Rule (pdf)
Click here to view the Rule in its entirety (pdf)
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