Somerset County Planning Division

"CREATING QUALITY COMMUNITIES TOGETHER"

Robert P. Bzik, AICP/PP
Director of Planning
Anthony V. McCracken, Sr., AICP/PP
 Assistant Director

20 Grove Street
P.O. Box 3000
Somerville, NJ 08876

On June 10, 2004, the "Highlands Water Protection and Planning Act" passed both houses of the State Legislature and was signed into law on August 10, 2004. This website was created for Somerset County municipalities and the general public to help facilitate a better understanding of the Act, including the links and resources to help you interpret the Act and the impact it will have on local planning, development and preservation activities within the Highlands Region. We welcome any comments and questions regarding the Act by contacting us at 908-231-7021 or email PlanningBd@co.somerset.nj.us The County strongly recommends that you contact the New Jersey Department of Environmental Protection, Division of Watershed Management at 609 984-6888 for any regulatory questions and the New Jersey Highlands Council at 908-879-6737 on planning related issues.

A2635 was created to protect and preserve the Highlands Region of NJ, a source of drinking water for many state residents. The Act sets forth various goals and the boundaries lines for the region as a whole and delineates the "Preservation Area and the Planning Area encompassing portions of Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex and Warren Counties and 88 municipalities within these counties. It creates a 15 member Highlands Council, which will be charged with preparing a Regional Master Plan and a Transfer of Development Rights Highlands Program, over an 18-month period. The Act also directs the NJDEP to prepare and adopt new environmental standards, within nine (9) months, which would consists for strict standards to be applied to all new "Major Development" in the Preservation Area and specifies what qualifies for an exemption.

Of the over 800,000 acres, or about 1,250 square miles, that make up New Jersey’s Highlands Region, the Act designates approximately 398,000 areas of exceptional natural resource value as the "Preservation Area". Approximately 145,000 acres or 27.45% are undeveloped. Only a small portion of Somerset County (north and west of Pottersville Road, Bedminster Township) is located in the Preservation Area. A complete description of the Preservation Area boundaries is set forth in Section 7 of the Act. All of the land that is not in the Preservation Area is located within the Planning Area. Local master plan consistency is mandated for those municipalities within the Preservation Area and all DEP highlands regulations only affects lands located in the Preservation Area.

The Highlands Planning Area is the portion of the Highlands Region that is not in the Preservation Area. All of Bedminster Township (except for west and north of Potterville Road), Bernards Township, Bernardsville Borough, Far Hills Borough and Peapack & Gladstone Borough, which comprises an area approximately 74.6 square miles, are located in the Planning Area. The Act does not mandate new NJDEP standards for this area, but the Highlands Regional Master Plan may identify enhanced environmental standards, which the municipalities may "opt" into accepting .The Highlands Transfer of Development Rights (TDR) program requires that up to 4% of the TDR development credits from the Preservation Areas be directed to the Planning Area, subject to local approval, and all of the municipalities in Somerset County are eligible to receive TDR credits and any benefits from accepting this additional growth.

Planning for the Highlands Regional Master Plan formally began on March 2005 with the presentation of a PowerPoint presentation to the Highlands Council and it is anticipated that the Plan would be finalized and adopted on June 2006. Two of the major components of the Plan involve land use planning consisting of capacity based zoning and land use standards and natural resource management that coordinates local and regional preservation efforts. The Plan will also contain an Economic Development Element that will recommend economic development compatible with the protection of Highlands natural resources and streamlines the development review process. Municipalities and the public will have a number of venues to interact with the Council including:

The Somerset County planning Board will monitor the activity of the Council to make sure that preservation and development priorities in the County and our municipalities

Are reflected in the Highlands Plan and urges it municipalities and the general public to actively participate in the planning process.

The Highlands Council Website

www.njhighlandscouncil.org

NJDEP New Jersey Highlands Council Website

www.savethehighlands.org

New Jersey Department of Environmental Protection Highlands Guidance

www.nj.gov/dep/highlands