|
Highlands Terms
Highlands Region
The New Jersey Highlands Region is an over 800,000 acre
region covering over 1,250 square miles and 88 municipalities
in seven counties (Bergen, Hunterdon, Morris, Passaic,
Somerset, Sussex and Warren). The Highlands Region is
an essential source of drinking water for half of the
residents of New Jersey.
Highlands Preservation Area
Of the over 800,000 acres that make up New Jersey’s
Highlands Region, the Highlands Act designates approximately
398,000 acres of exceptional natural resource value as
the Highlands Preservation Area. Approximately 145,000
acres within the Highlands Preservation Area are undeveloped.
All of the land in the Highlands Region that is not in
the Highlands Preservation Area lies within the Highlands
Planning Area. A complete description of the Highlands
Preservation Area boundaries is set forth in Section 7
of the Highlands Water Protection and Planning Act.
Highlands Planning Area
The Highlands Planning Area is the portion of the Highlands
Region that is not included in the Highlands Preservation
Area. While the Act does not establish any new standards
for the Highlands Planning Area, the Highlands regional
master plan, which must be adopted by the Highlands
Water Protection and Planning Council, will provide
an avenue for enhanced standards, TDR and smart growth
in this portion of the Highlands Region.
Highlands Open Waters
Highlands open waters means all springs, streams including
intermittent streams, wetlands, and bodies of surface
water, whether natural or artificial, located wholly or
partially within the boundaries of the Highlands Region,
but shall not mean swimming pools.
Major Highlands Development
"Major Highlands development" means, except
as otherwise provided pursuant to subsection a. of section
30 of the Highlands Water Protection and Preservation
Act, (1) any non-residential development in the preservation
area; (2) any residential development in the preservation
area that requires an environmental land use or water
permit or that results in the ultimate disturbance of
one acre or more of land or a cumulative increase in impervious
surface by one-quarter acre or more; (3) any activity
undertaken or engaged in the preservation area that is
not a development but results in the ultimate disturbance
of one-quarter acre or more of forested area or that results
in a cumulative increase in impervious surface by one-quarter
acre or more on a lot; or (4) any capital or other project
of a State entity or local government unit in the preservation
area that requires an environmental land use or water
permit or that results in the ultimate disturbance of
one acre or more of land or a cumulative increase in impervious
surface by one-quarter acre or more. Major Highlands development
shall not mean an agricultural or horticultural development
or agricultural or horticultural use in the preservation
area.
Highlands Water Protection and Planning Council
The Highlands Water Protection and Planning
Council is charged with preparing a regional master plan
for the Highlands' Preservation area and Planning Area.
The Council's 15 members, appointed by the Governor, must
formally adopt the regional master plan within 18 months
of their first meeting. The Highlands Council's authority
includes identifying environmental and farmland preservation
priorities within the Preservation Area, designating critical
areas within the Planning area, supporting a Highlands
Transfer of Development Rights program, and advising the
DEP on Highlands water resources regulations.
Regional Master Plan
The regional master plan is intended to protect,
preserve and enhance precious water resources, open space
and the wealth of unique natural resources within the
Highlands Region; to prohibit or limit to the maximum
extent possible construction or development which is incompatible
with such preservation; and to encourage, consistent with
the State Development and Redevelopment Plan, appropriate,
development, redevelopment and economic growth.
Regulated Activities
All major Highlands development as defined in the Highlands
rules that is located in the Highlands Preservation
Area shall require a Highlands Preservation Area Approval
from the DEP.
The Highlands Preservation Area Approval will consist
of the standards in the Highlands
rules (pdf) established pursuant to the Highlands
Act and related aspects of other regulatory programs including
the "Freshwater Wetlands Protection Act, "The
Endangered and Nongame Species Conservation Act,",
the "Water Supply Management Act,", the "Water
Pollution Control Act,", "The Realty Improvement
Sewerage and Facilities Act, the "Water Quality Planning
Act," the "Safe Drinking Water Act,", the
"Flood Hazard Area Control Act," and any rules
and regulations adopted pursuant to these Acts.
|
