Building in New Jersey's Highlands Preservation Area faces strict state limits on paving and septic systems
Major development in the Preservation Area needs a state approval under fixed limits on impervious cover, stream buffers and septic density, so applicability and exemptions should be settled before a parcel is valued.
Under the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38, most recently readopted effective September 19, 2022 (54 N.J.R. 1972(a)), “major Highlands development” in the Highlands Preservation Area requires a Highlands Preservation Area Approval (“HPAA”) from the New Jersey Department of Environmental Protection (“NJDEP”), issued only if the project meets resource standards set by the Highlands Water Protection and Planning Act (“Highlands Act”), N.J.S.A. 13:20-1 et seq. On August 6, 2024, in In the Matter of Proposed Construction of Compressor Station (CS327) (A-24-23), the New Jersey Supreme Court construed the Act’s public utility exemption by its grammatical structure, holding that non-routine utility upgrades can qualify.
N.J.S.A. 13:20-1 et seq.; N.J.A.C. 7:38 (54 N.J.R. 1972(a)); CS327, A-24-23 (2024)