Highlands
Regulatory Program
Applications in the Highlands Preservation
Area
The Highlands Water Protection and Planning Act required
DEP to establish a consolidated Highlands permitting
review and approval process for activities constituting major
Highlands development. This regulatory program implements the
Highlands rules. The following applications are available in
the Highlands Preservation Area:
Highlands
Jurisdictional Determination
This voluntary determination provides an applicant
with an official Department determination as to whether
their property is located within the boundaries of Highlands
Preservation area. This application is voluntary and
an individual may alternatively determine whether their
property is in the Highlands on their own by using the Department’s interactive mapping tool.
This determination will not provide the applicant with
any information regarding whether or not a project is
regulated pursuant to the Highlands Act.
Highlands
Applicability Determination and Water Quality Management
Consistency Determination
This determination
lets an applicant know whether a proposed activity is:
- A major Highlands development – a project
that is considered a major Highlands development
is regulated by the Highlands Act and rules
- Consistent with the applicable areawide Water Quality
Management Plan (WQMP) – the Department
may not issue a permit that is inconsistent with
the applicable WQMP
- Exempt from the Highlands Act – the Act sets
forth 17 exemptions, this determination will
let an applicant know whether any of those exemptions apply
to them.
Those proposing a project in the Highlands Preservation
Area should first apply to the Division of Watershed
Management for a Highlands
Applicability and Water Quality Management Plan (WQMP)
Consistency Determination (pdf). However, if an applicant
is certain that their project is regulated under the
Highlands rules and is willing to stipulate that they
are regulated, they may apply directly to the Land Use
Regulation Program for a Highlands Preservation Area Approval
(HPAA) without first making an application for a Highlands
Applicability and WQMP Consistency Determination. See
below for information on the HPAA.
Highlands
Resource Area Determination
A Highlands Resource
Area Determination (HRAD) determines one or more of the
following:
- The location of any Highlands Resource Area on
a site or a portion of a site; or
- The location of all Highlands open waters and
their buffers on a site. The Department shall locate
Highlands open waters and their buffers on an entire
site but not on a portion of a site.
A HRAD is intended to help a property owner to understand
the environmental constraints on their property.
Highlands
Preservation Area Approval
A Highlands Preservation Area Approval (HPAA)
is a permit required in order to undertake any activity
regulated pursuant to the Highlands Act.
In addition to the HPAA, the DEP may grant, in limited
circumstances set forth in the Highlands Act, a HPAA with
a waiver. There are four types of waivers:
- Health & Safety
- Redevelopment
- Taking without just compensation
- 100 percent affordable housing development
Anyone seeking to apply for a waiver must first attend
a pre-application meeting. The application form for a pre-application
meeting is found in the list of application forms below.
Highlands Brownfield Designation (as part of a waiver for
redevelopment)
A site may be designated a Highlands Brownfield by demonstrating
eligibility through an application for a Highlands Brownfield
designation. These sites will then be considered by the Highlands
Water Protection and Planning Council for designation as
a Highlands Redevelopment site. Highlands redevelopment sites
are eligible for a redevelopment waiver pursuant to the Highlands
rules.
Determining Which Application Forms To Use
The Highlands application questionnaire is intended to help
you determine which application forms to use for your project
or property. Applicants should review the rules before submitting
any application. Click here to view the Highlands rules.
Highlands Preservation Area Approval
Fee Schedule
Fees for applications in the Highlands Preservation
Area.
Highlands Regulatory Program Forms
The Highlands requirements specified on the
Department's application forms and checklists are in
summary form and are based on the requirements of the
Highlands Water Protection and Planning Act rules, N.J.A.C.
7:38. In cases of conflict or contradiction, the Highlands
Water Protection and Planning Act rules take precedence.
Description |
Format |
Updated |
Highlands
Jurisdictional Determination |
PDF |
7/2014 |
Word |
Highlands Applicability
Determination and Water Quality Management
Consistency Determination |
PDF |
7/2014 |
Word |
Notice of Highlands Applicability Determination |
PDF |
7/2014 |
Highlands Pre-application
Meeting Checklist |
PDF |
7/2014 |
Word |
DLUR Application Form |
PDF |
3/2015 |
Word |
Highlands
Preservation Area Approval (HPAA) Application
Checklist |
PDF |
7/2014 |
Word |
Highlands Preservation Area General Permit Checklist |
PDF |
7/2014 |
Word |
Highlands Water Allocation-New or Major Modification
Application |
PDF |
8/2013 |
Highlands Water Allocation-New or Major Modification
Checklist for Administrative and Technical Completeness |
PDF |
8/2013 |
Highlands Water Use Registration Application |
PDF |
8/2013 |
Highlands
Resource Area Determination (HRAD) Checklist |
PDF |
7/2014 |
Word |
Highlands
Attachment A-Model Letter – Notice to Neighboring Landowners |
PDF |
7/2014 |
Word |
Highlands Attachment
B Model Newspaper Advertisement |
PDF |
7/2014 |
Word |
NHP Data Request |
HTML |
N/A |
Checklist
for Administrative Completeness- Application
to Construct/Modify/Operate Public Water
Works Facilities (BSDW-PA05) |
PDF |
9/2013 |
Cell Tower Addendum |
PDF |
5/26/2006 |
|