- Which municipalities
are in the Highlands Preservation Area and/or the
Planning Area?
- How are municipalities
in the Highlands Preservation Area affected by the
Highlands Water Protection & Planning Act?
- How are municipalities
in the Highlands Planning Area affected?
- How can I determine
which portions of my municipality are in the Highlands
Preservation Area or the Planning Area?
- What will be in the
regional master plan?
- Does the Highlands
Water Protection and Planning Act provide exemptions
for projects undertaken by local government?
- What is DEP's responsibility
in implementing the Highlands Water Protection and Planning
Act?
- What is the Municipality’s role
in implementing the Highlands Water Protection
and Planning Act?
1. Which municipalities are in the Highlands
Preservation Area and/or the Planning Area?
Go
to i-MapNJ or view list
of municipalities
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2. How are municipalities in the Highlands
Preservation Area affected by the Highlands Water
Protection & Planning Act?
Within 9 to 15 months after the Highlands
Water Protection and Planning Council (Council)
adopts a regional
master plan, municipalities located wholly or
partially in the Highlands Preservation Area must
revise their local master plans and development
regulations as they relate to the portions of their
town that are in the Preservation Area to conform
with the regional master plan and submit those revisions
to the Council for approval.
For more information about the regional master plan
or the Council, visit the Council's web site at www.nj.gov/njhighlands or contact them at (908) 879-6737.
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3. How are municipalities in the Highlands Planning
Area affected? Municipalities
located wholly or partially in the Highlands Planning
Area can voluntarily revise their local master plans and
development regulations to conform with the regional master
plan and obtain the Council's approval of the revisions
and therefore qualify for financial assistance or other
incentives in the Highlands Act.
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4. How can I determine which portions of my
municipality are in the Highlands Preservation Area or
the Planning Area?
Go
to i-MapNJ and
legislative description (pdf). Please note that the
i-Map depiction of the Highlands Region boundaries was
developed to be a graphical interpretation of the legal,
verbal description of the boundary within the Highlands
Act. Should there be any discrepancies between the i-Map
depiction and the boundary description in the Highlands
Act, the language in the Highlands Act shall govern.
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5. What will be in the regional master plan?
The Highlands
regional master plan will include a resource assessment
that establishes sustainable development considering ecosystem
resources, a financial element to determine cost of implementation,
and assessment of smart growth opportunities. There are
to be maximized opportunities for government and public
input, methods for coordination and consistency with local,
State and Federal programs and policies, and a detailed
approach to preserving transportation systems. In addition,
the master plan will include a land use capability map
and comprehensive statement of policies for planning and
managing the development and use of land in the Preservation
Area, which shall be based upon, comply with, and implement
the environmental standards adopted by the Department
of Environmental Protection. Preservation zones are to
be identified in a preservation zone element where development
shall not occur in order to protect water resources and
environmentally sensitive lands and which are to be permanently
preserved through use of a variety of tools, including
but not limited to land acquisition and transfer of development
rights. The master plan will also include minimum preservation
area standards for municipalities and counties.
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6. Does the Highlands Water Protection and Planning
Act provide exemptions for projects undertaken by
local government?
Yes, the Act provides for the following exemptions:
- The routine maintenance and operations, rehabilitation,
preservation, reconstruction, or repair of transportation
or infrastructure systems by a State entity or local
government unit, provided that the activity is consistent
with the goals and purposes of the Highlands Act and
does not result in the construction of any new through-capacity
travel lanes;
- The construction of transportation safety projects
and bicycle and pedestrian facilities by a State entity
or local government unit, provided that the activity
does not result in the construction of any new through-capacity
travel lanes;
- The routine maintenance and operations, rehabilitation,
preservation, reconstruction, repair, or upgrade of
public utility lines, rights of way, or systems, by
a public utility, provided that the activity is consistent
with the goals and purposes of the Highlands Act; and
- The construction of a public infrastructure project
approved by public referendum prior to January 1, 2005
or a capital project approved by public referendum prior
to January 1, 2005.
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7.What is DEP's responsibility in implementing the
Highlands Water Protection and Planning Act?
The Act established certain environmental standards
that became effective immediately upon enactment. The
Legislature charged DEP with the implementation and enforcement
of these standards. DEP was also required to develop
rules that would implement the Act, within 270 days of
enactment. The rules were adopted on May 9, 2005.
The DEP was also required to accept comment on these
rules from certain State agencies and the Highlands Council.
In response to the comments that DEP received, they proposed
amendments to the adopted rules on December 19, 2005.
The Department accepted public comment on the proposed
rules until February 17, 2006.
The DEP was also required to consult with the Department
of Community Affairs to provide the following guidelines
and instructions to local government units located wholly
or partially within the Highlands Preservation Area:
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8. What is the
Municipality’s role in implementing the Highlands
Water Protection and Planning Act?
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