THE HIGHLANDS WATER PROTECTION AND PLANNING ACT AND HOW IT AFFECTS YOU

The items listed below are taken from the New Jersey Highlands Water Protection & Planning Act Primer written by ANJEC. Additional information can be found on the DEP's website www.state.nj.us/dep/highlands

Preservation Area Exemptions

The Highlands Act does include 17 exemptions from the Council's jurisdiction in the Preservation area, including:

• Construction of a single family dwelling for the use of  an individual or a family member, where the land was owned or under contract as of 5/17/04;
• Many improvements to single family homes, including decks or pools;
• The construction of a single family house on a lot that existed on 8/10/04 as long as construction does not disturb one acre or more of land or increase impervious cover by one-quarter acre;
• Any "major Highlands development" that received preliminary or final subdivision approval from a local planning board before 3/29/04 and approval of at least one major NJDEP permit;
• Reconstruction within 125 percent of an existing building footprint;
• Improvements to schools, religious facilities and public facilities;
• Construction of trails;
• Transportation work that does not increase through-capacity travel lanes;
• Existing mining and recycling facilities;
• Public infrastructure projects approved by referendum before 1/1/05;
• Contaminated site remediation;
• Federal military installations;
• Affordable housing projects approved by Superior Court, for three years after receiving final municipal approvals; and
• Activities conducted in accordance with "an approved woodland management plan" or "forest management plan approved by the State Forester".

The NJDEP Land Use Regulation Program manages inquiries regarding exemptions.

For Homeowners in the Preservation Area

• If a homeowner already owns a lot, the homeowner may build a home on it for his/her own use or that of an immediate family member. This kind of building is exempt from the law, though not from municipal ordinances otherwise in effect.
• The construction of a single-family home on any pre-existing lot is exempt from provisions of the bill, provided that it does not disturb more than one acre or increase impervious surface by one-quarter acre or more.
• A homeowner's right to reconstruct, modify, and extend his current dwelling is generally protected, with only slight restrictions on reconstruction. Improvements like decks, garages, driveways, and swimming pools are specifically exempted.