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.

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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.