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Background
The New Jersey Highlands planning region, defined by the Highlands
Water Protection and Planning Act is part of a larger geophysical
region ranging from Pennsylvania through New Jersey, New York
and Connecticut. This region is a vital open space reserve complementing
the densely developed population centers of Philadelphia, northern
New Jersey, New York City and eastern Connecticut. Overall, the
region provides a host of natural functions necessary for sustaining
the developed northeastern United States.
One
of these important natural functions is providing drinking water
to the residents of the Highlands themselves and to a broad area
of intensely developed land outside of the Highlands region
.
For example, while the Highlands region makes up only about 13
percent of New Jersey's land area, over half of New Jersey's residents
rely on the Highlands for their drinking water drawn primarily
from its surface waters. Within the Highlands region itself nearly
all drinking water comes from local groundwater sources.
The
New Jersey Highlands planning region includes all or parts of
88 municipalities and seven counties that contain a wealth of
natural resources including:
- Large
contiguous expanses of forests
- Wetlands
and wetlands complexes;
- Grassland
species habitats;
- Federally
and State listed threatened, endangered, and declining species
of plants and animals;
- Historic
sites and areas;
- Recreational
resources, including state, county and local parks, the Appalachian
and Highlands Millennium Trails, trout fishing areas, and areas
for hiking, hunting, birding, cross country skiing and other
outdoor recreational activities;
- More
than 100,000 acres of active farmland; and
- Spectacular
scenic qualities.
The
vital natural values and functions present in the Highlands region
are under imminent threat from unconscious development, suburban
sprawl and natural resource abuse. To protect these essential
functions for future generations, the New Jersey State Legislature
responded with the passage of the Highlands Water Protection and
Planning Act in 2004.
Highlands
Water Protection and Planning Act
Introduction
The New Jersey Legislature passed the Highlands
Water Protection and Planning Act in 2004 to protect the critical
natural resources of the Highlands region. This landmark legislation
designates a special Highlands planning region and calls for comprehensive
regional planning over the entire 859,358 acre area. Clearly,
the legislature recognized the statewide significance of the region
and the inability of the existing planning and regulatory framework
to protect its resources.
The
Act authorizes the creation of a 15-member Highlands
Water Protection and Planning Council with authority to prepare
an overall Regional Master Plan (RMP) for the entire Highlands
region. The Council issued the Draft RMP on November, 30, 2006.
A final version is anticipated in late November, 2007
Preservation
and Planning Areas
The Act divides the Highlands region into two areas and establishes
the boundaries.
- The
Preservation Area, encompassing a total of 414,965 acres includes
five municipalities in their entirety and portions of 47 others;
- The
Planning Area, with a total of 444,394 acres includes 35 municipalities
in their entirety and portions of 47 others.
Municipalities
located wholly or partially within the Preservation Area must
conform their planning and zoning regulations to the RMP within
15 months of its official adoption by the Highlands Council.
Municipalities
with land located in the Planning Area may voluntarily conform
their planning and zoning regulations to the RMP.
The
draft Regional Master Plan lists the municipalities by county
and shows how many acres each one has in the Preservation
Area and Planning Areas.
The
law
- Requires
the 52 municipalities wholly or partially in the Preservation
Area to revise their master plans and ordinances that apply
to the Preservation Area to conform to the RMP;
- Sets
voluntary conformance with the RMP for the Planning Area in
the 82 municipalities wholly or partly within it.
The law established the same provisions under the requirements
of the RMP.
The
Act also requires the New Jersey Department of Environmental Protection
(NJDEP) to prepare new
rules covering the Preservation Area. The NJDEP administers
these rules, currently in operation. They cover "major Highlands
development."
A complete list of the Preservation and Planning Area status of
Highlands Municipalities is available in ANJEC's New
Jersey Highlands Water Protection & Planning Act Primer.
Highlands
Council Regional Master Plan (RMP)
ANJEC
Comments on Highlands Council Regional Master Plan 2/08
The
Highlands Council released the Draft
Regional Master Plan (RMP) for public comment on November
30, 2004. The comment period closed on May 11, 2007. The Council
received a vast number of oral and written comments on the Draft.
All comments have been organized into a searchable data base.
Municipalities may wish to review the submitted comments to develop
a familiarity with the issues raised by the public in preparation
for conformance.
The
Highlands Council is moving forward with the preparation of the
final Regional Master Plan, expected in late November 2007. The
Council has hired the planning firm of Siemon and Larsen to work
closely with the staff in preparation of the final plan. Siemon
and Larsen has had extensive experience in New Jersey with the
preparation of plans for the Pinelands and the State Development
and Redevelopment Plan.
Additionally,
the Council continues to work on the Transfer of Development Rights
(TDR) program, with contracts to Integra Realty and on water resource
issues with an extended contract to the US Geological Survey.
Other issues currently (9/15/07) under consideration by the Council's
Natural Resources Committee include reviews of
- Historic
and scenic elements;
- Procedures
for Amending Water Quality Management Plans;
- Reviews
of specific Water Quality Management Plan requests;
- Highlands
redevelopment site approval requirements.
Release
of the RMP is expected at the November 19 Council meeting. Final
adoption is expected in December or January. Upon final RMP adoption
municipalities with land area in the
- Preservation
Area will have up to 15 months to conform their planning and
zoning to the RMP.
- Planning
Area may voluntarily conform their planning and zoning to the
Plan.
Conformance
can yield important benefits to municipalities, including planning
grants, enhanced legal protections and technical and planning
assistance among others.
Highlands
Preservation Area Rules
Municipalities located in the Preservation Area will need to be
aware of the currently applicable NJDEP rules governing "major
development" in the Highlands Preservation Area. Information
on NJDEP's Highlands Preservation Rules is available in NJDEP's
It
is important to note that while the Act allows a total of 17 types
of exemption, such exemptions, if granted by the NJDEP, do not
provide exemptions from other NJDEP permit requirements or, importantly,
from local zoning requirements.
ANJEC Positions on Draft Regional Master
Plan and Highlands Council issues
ANJEC's
Highlands Herald
ANJEC's regular email Highlands
Herald newsletter contains news, Action Alerts on important
issues, reports and updates on major Highlands Council discussions
and decisions, New Jersey Department of Environmental Protection
(NJDEP) activities, news, upcoming events and deadlines and various
odds and ends.
To subscribe send an email
request. ANJEC appreciates any suggestions you might have
to make the Herald more useful. Contact
Dave Peifer with your ideas.
The
Highlands Coalition
The
New Jersey Highlands Coalition established in 1988, is made
up of more than 60 member organizations - small and large, local,
regional, statewide and national - all working together to protect,
enhance and restore the New Jersey Highlands.
The New Jersey Highlands Coalition offers a limited number of
$1,000 to $5,000 grants
to grassroots organizations working on projects located within
the New Jersey Highlands or associated with protecting New Jersey
Highlands resources in the Highlands
88 municipalities.
Also established in 1988, the four-state Highlands
Coalition seeks to protect and enhance the sustainability
of natural and human communities in the Highlands region of Connecticut,
New Jersey, New York and Pennsylvania. With more than 150 local,
state, regional and national conservation organizations, the Coalition
is working at the federal, state and local level to protect and
connect the critical treasures of the Highlands, and to ensure
smart and sustainable growth in the region.
5/08
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