NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Regulation Program

Notice of Rule Readoption with Amendments
Highlands Water Protection and Planning Act rules, N.J.A.C. 7:38

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing a readoption with amendments of the Highlands Water Protection and Planning Act rules, N.J.A.C. 7:38. A statement of the substance of the proposed amendments follows:

Subchapter 1: The Department is proposing to add a description of the interaction between the Department’s rules and the Highlands Regional Master Plan to be adopted by the Highlands Council. In addition, several new definitions are being added specifically to accompany the brownfield waiver provisions.

Subchapter 2: The Department is proposing amendments to better describe how it is interpreting the Highlands Act definition of major Highlands development as it relates to disturbance and impervious surface limits. The Department is also proposing amendments to separate routine maintenance and operations, preservation or repair from rehabilitation or reconstruction of transportation systems, as related to the need to obtain a Highlands applicability determination. Finally, the Department is proposing to add hazardous cleanup remediation activities and cell towers to be co-located without an increase in impervious surface to the list of activities for which an applicability determination is not required by the Department,

Subchapter 3: The Department is proposing to revise the standards for septic density. The proposed density requirements would remain 88 acres to place a septic or equivalent disposal unit on land that is forested and 25 acres for other lands. However, the Department will consider the quantity of each type of land on each lot in order to arrive at a final number of permitted systems. In addition, the Department is provided the option for clustering and transferring all development to one suitable lot by allowing applicants to combine lots so long as they are located in the same watershed area.

The Department is proposing to clarify how it will implement the 3% impervious surface limitations to address the subdivision of lots after the August 10, 2004 effective date of the Act. In addition, the Department is proposing to clarify the conditions by which aggregation of lots and transference of impervious surface will be permitted.

The Department is proposing to require applicants proposing driveways that would cross Highlands open waters, or steep slopes, to attempt to sell or use transfer of development rights for the property in question before the Department will permit a driveway as part of linear development.

The Department is proposing to amend the field method for assessing forest by adjusting the point totals required to classify something as “forest,” to identify younger trees as “forest”, and to be sure that mature forests are consistently identified.

Subchapter 6: The Department is proposing to expand the designation of brownfields to include sites with suspected contamination but for which identification and clean up have not yet occurred. In addition, the Department has added more detail regarding the types of approvals and documentation that applicants may obtain from the Department when conducting a clean up and to better explain that the Department may designate a portion of a block and lot as a brownfield.

New Subchapter 14: The Department is proposing to add two general permits to the rules: habitat creation and enhancement activities, and bank stabilization.

The proposal is scheduled to be published in the New Jersey Register dated December 19, 2005. A copy of the proposal is available from: the DEP web site (PDF); official repository libraries; LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing(s) concerning the proposal is scheduled as follows:

4:00 P.M. Wednesday, January 25, 2006
Highlands Council Conference Room
Highlands Council
100 North Road-Rt. 513
Chester, NJ 07930

Written comments may be submitted by February 17, 2006, to:

Janis Hoagland, Esq.
Attn.: DEP Docket No. 39-05-11/578
Office of Legal Affairs
Department of Environmental Protection
PO Box 402
Trenton, New Jersey 08625-0402