Protected regions and species
The Pinelands and Highlands, endangered and threatened species, habitat and preserved land. What changed, the rules that apply and the dates ahead for projects in New Jersey, New York, Connecticut and Pennsylvania.
Latest briefings
- MediumPennsylvania
Pennsylvania board to consider stricter protection for 16 stream basins on October 13
On October 13, 2026 the Environmental Quality Board is to consider a proposal to redesignate 16 stream basins covering 138.47 miles, most as Exceptional Value. New or expanded discharges would face antidegradation review and individual permits. A proposal only; comment dates are not yet set.
ProposedProtected regions & species - MediumNew Jersey
New Jersey Pinelands towns ban data centers as state commission lets eleven local bans take effect
By the end of September 2026, the Pinelands Commission had cleared data center bans in eleven towns and a moratorium in a twelfth, with more ordinances awaiting review.
- LowHudson County, NJ
New Jersey governor vetoes bill letting Jersey City use open space trust money for its budget
On September 28, 2026 the Governor vetoed S-4513, which would have let Jersey City, the only municipality that qualified, move voter-approved open space, recreation, floodplain protection, farmland and historic preservation money into its budget for fiscal year 2027. The trust fund stays restricted.
- MediumNew Jersey
New Jersey Highlands panel seeks comment by November 18 on possible land and water plan changes
Recommendations on water use, sewer and water extensions, impervious cover and historic review could lead to amendments to the regional plan governing development in the Highlands.
- MediumConnecticut
Connecticut approves Ellington orchard solar as farm agency says it cannot review non-prime soils
The Siting Council approved a 4.99-megawatt array on an orchard with soils of statewide importance, which fall outside the agriculture department's review, and applied the 2026 emergency-contact rule.
- MediumConnecticut
Federal: Habitat damage no longer counts as 'harm' to listed species; states including Connecticut sue
The rescission took effect September 14, 2026 and applies to the four states. Habitat modification alone no longer counts as prohibited take under federal rules, but consultation and critical habitat duties remain. A state coalition including CT, NJ and NY has challenged it.
- MediumWindham County, CT
Connecticut Siting Council closes record on 50-megawatt Sterling-Plainfield solar plan; decision due by February 2027
Docket 550, a 50-megawatt solar project on nine parcels in Sterling and Plainfield, closed its evidentiary record on August 11, 2026. About 43 to 45 acres of core forest would be cleared, the main contested point. The Council's final decision deadline, extended with the applicant's consent, is February 17, 2027.
- MediumConnecticut
Connecticut approves Simsbury golf-course solar on prime farmland soils after developer pledges beekeeping and crops
The Siting Council approved a 4.65-megawatt array on a former golf course after the agriculture department relied on planned farming, and required a bond to restore the prime soils.
- MediumNew Jersey
New Jersey appeals court upholds Pinelands limits on aquifer water diversions; ruling not approved for publication
On July 15, 2026 the Appellate Division affirmed the Pinelands Commission's amendments to its water management rule, which set a 50,000 gallon-per-day diversion threshold. The opinion is not for publication, and Commission staff have asked that it be published. A data center application in Monroe Township is also before the Commission.
- MediumPennsylvania
Pennsylvania adds high-quality protection to Class A wild trout streams, tightening permits for new discharges
A final rule effective July 11, 2026 redesignates Class A wild trout streams as High Quality waters. New earth disturbance and new or expanded discharges to them face antidegradation review and individual permits. The Board's preamble states EPA approval is required under the Clean Water Act. A further proposal covering eight streams is on the October 13, 2026 board agenda.
ProposedProtected regions & species
Rules 10
- Federal · 16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402Federal endangered species review, including tree-clearing limits for bats
- New Jersey · N.J.S.A. 13:20-1 et seq.; N.J.A.C. 7:38Highlands region development review
- New Jersey · N.J.S.A. 13:18A-1 et seq.; N.J.A.C. 7:50Pinelands development rules
- New Jersey · N.J.S.A. 48:3-87 et seq.; N.J.A.C. 14:8Solar and energy storage incentive programs
- New Jersey · N.J.S.A. 23:2A; N.J.A.C. 7:25-4; 7:7A; 7:13; 7:50Threatened and endangered species habitat review
- New York · ECL Article 57Central Pine Barrens review (Long Island)
- New York · ECL 11-0535; 6 NYCRR Part 182State endangered and threatened species
- Connecticut · C.G.S. 26-303 to 26-315Endangered species review (NDDB)
- Pennsylvania · DEP policy 021-0200-001; DCNR Conservation ExplorerPNDI threatened and endangered species review
- Pennsylvania · PFBC notices, 56 Pa.B. No. 33 (15 Aug 2026); 25 Pa. Code §§ 105.17(1)(iii), 105.18aProposed wild trout and Class A stream listings (October 2026)
Coming up
- Pennsylvania · Hearing or decisionFish and Boat Commission meeting on wild trout listings
- New Jersey · Comments closeComments close on revised energy storage incentive rules
- New Jersey · Comments closeHighlands RMP monitoring report comment period closes
- New Jersey · Hearing or decisionBPU decision expected on 645 MW storage bids