Frequently Asked Questions
About the Act |
| 1. |
What
is the Highlands Water Protection and Planning Act? |
| 2. |
Why is protecting
the Highlands Region important? |
| 3. |
How did this legislation
come about? |
| |
|
| Homeowners and Property
Owners |
| 4. |
What
activities are regulated in the Highlands Preservation
Area? |
| 5. |
Do
the Highlands Water Protection and Planning Act or
Highlands Rules have an impact on my property? |
| 6. |
What
standards does DEP use to review regulated activities? |
| 7. |
How can
I determine if my project is exempt (grandfathered)? |
| 8. |
Can
I make an improvement to my house if I am in
the Highlands Preservation Area? |
| 9. |
If a home was constructed after August 10, 2004, after being deemed exempt (exemption #3), would a homeowner be allowed to add an improvement, such as an addition, garage, shed, porch, deck, pool, etc. (improvements listed under exemption #5)? |
| 10. |
If I have questions
about the Highlands Rule, whom can I call? |
About the Act
1. What is the Highlands Water Protection
and Planning Act?
The Highlands Water Protection and Planning Act is a law signed in August 2004 that preserves open space and protects the State's greatest diversity of natural resources including the precious water resources that supply drinking water to more than half of New Jersey's families. The Highlands Act documents the geographical boundary of the Highlands Region and establishes the Highlands Preservation Area and the Highlands Planning Area. It required the Department to establish regulations(pdf) in the Highlands Preservation Area and that the Highlands Water Protection and Planning Council develop a regional master plan for the entire Highlands Region.
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2. Why is protecting the Highlands
Region important?
The Highlands Region is a vital source of drinking water
for more than half of New Jersey’s families, yielding
approximately 379 million gallons of water daily. In addition
to water resources, the Highlands Region contains exceptional
natural resources such as contiguous forest lands, wetlands,
pristine watersheds and plant and wildlife species habitats.
The region contains many sites of historic significance
and provides abundant recreational opportunities. Approximately
110,000 acres of agricultural lands are in active production
in the Highlands region.
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3.
How did this legislation come about?
On September 19, 2003,
the Highlands Task Force was created through Executive
Order. The Governor charged the Task Force to provide
recommendations within six months on how best to
advance conservation efforts, smart growth, regional
planning and water resource protections in the region.
The task force called for the identification of a Preservation
Area in the Highlands to protect a core area of the most
sensitive land, which the Legislature should then officially
designate by statute. The Act was signed into law on
August 10, 2004.
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Homeowners and Property Owners
4. What activities are regulated
in the Highlands Preservation Area?
All "major
Highlands development," as defined by the Highlands
Act, in the Preservation Area is regulated and will require
DEP approval, unless otherwise exempted by the Act.
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5. Do the Highlands Water
Protection and Planning Act or Highlands rules have
an impact on my property?
To determine if the law affects your property, you can enter the property location into DEP's interactive mapping system to determine if the property is in the Highlands Preservation Area or Planning Area or you may submit an application for a Highlands Jurisdictional Determination.
If your property is located within the Highlands Planning Area, then the DEP Highlands rules do not apply to your project.
If your property is located within the Highlands Preservation Area and your proposed project does not meet the definition of major Highlands development, then your project is not subject to the DEP Highlands rules.
If your property is located within the Highlands Preservation Area and your proposed project meets the definition of major Highlands development, then your project may be regulated. Some activities and projects, however, may be exempt. Click here to see a list of exemptions. To apply for an exemption, known as a Highlands Applicability Determination from the DEP, click here (pdf)
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6. What standards
does DEP use to review regulated activities?
The DEP standards for review of regulated activities
(i.e., major
Highlands development) in the Highlands Preservation
Area are known as the Highlands Water Protection and
Planning Act rules (Highlands rules).
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7. How can I determine
if my project is exempt?
The Highlands Act set forth provisions for exemptions which are found in subchapter 2.3 of the Highlands
rules . Certain activities, such as the construction
of a single family home, may be exempt.
To apply for an exemption, known as a Highlands Applicability
Determination, from the DEP, click
here (pdf), for a copy of the Highlands Applicability
Application Form. If you have questions about the prior
approval exemptions, please contact the Division of Watershed
Management, at (609) 984-6888.
Exemptions based on prior approvals
Exemptions based on prior approvals are found at in subchapter 2.3 of the Highlands rule.
Only certain local and DEP approvals issued before March
29, 2004 will be eligible for this exemption.
If you received a DEP or local approval after this date
and have started construction and your property is located
within the Preservation Area, you may be in violation
of the Highlands Act. Construction should cease immediately
until it can be determined that your project is exempt
from the Highlands Act or until the DEP issues a Highlands
Preservation Area Approval.
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8. Can I make an improvement
to my house if I am in the Highlands Preservation
Area?
Yes. Within the Highlands Preservation Area, the new
law exempts
"any improvement to a single-family dwelling in
existence on the date of enactment of this act, including
but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool, or septic system."
The exemption applies only to the Highlands Water Protection
and Planning Act and does not exempt applicants from
any other state or local regulations (ex. freshwater
wetlands, flood hazard area).
To determine if your property is in the Highlands Preservation
Area, click
here to use DEP's interactive mapping system.
To apply for an exemption, known as a Highlands Applicability
Determination, from the DEP, click
here (pdf), for a copy of the Highlands Applicability
Application Form. If you have questions about the prior
approval exemptions, please contact the Division of Watershed
Management, at (609) 984-6888.
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9. If a home was constructed after August 10,
2004, after being deemed exempt (exemption #3), would
a homeowner be allowed to add an improvement, such
as an addition, garage, shed, porch, deck, pool, etc.
(improvements listed under exemption #5)?
Improvements to legally existing single family dwellings
in existence on August 10, 2004 qualify for Exemption
#5. In the scenario where the home was not legally existing
as of August 10, 2004, but was found exempt under exemption
#3, the homeowner would be allowed up to one year after
the Certificate of Occupancy was issued for the home
in which to add the improvement. There would be no need
to apply for an exemption to allow the improvement as
it would be considered to be part of the exempt project
that it was previously reviewed under.
In addition, improvements to single-family homes that were previously determined, by the Department, not to meet the definition of Major Highlands Development must be located within the delineated metes and bounds if the project was required to have a deed restriction.
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10. Who
do I call if I have questions about the Highlands
rules?
- To determine whether your project is regulated by
the Highlands Act or qualifies for an exemption
or if you are consistent with a Water Quality Management
Plan contact the Division of Watershed Management,
at (609) 984-6888.
- To inquire about the Highlands rules, contact the
Division of Land Use Regulation at (609) 633-6563.
- For questions about water supply, water allocation
and wells within the Highlands Preservation Area, contact
the Water Supply Administration, at (609) 292-7219.
- For information about treatment-works approvals or
the New Jersey Pollutant Discharge Elimination System
(NJPDES) within the Highlands Preservation Area, contact
the Division of Water Quality at (609) 292-4543.
- If you believe that you have observed a violation
of the Highlands Water Protection and Planning Act,
contact the DEP
Hotline at 1-877-WARN-DEP (1-877-927-6337).
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