Exemptions

If a project is not exempt, a Highlands Preservation Area Approval (HPAA) will be required.

The activities in (1) through (17) below are exempt from meeting Highlands regulatory standards as implemented by DEP. These exemptions do not alter or eliminate the requirements of any other applicable State or local laws, rules, regulations, development regulations, or ordinances. These exemptions are found at Section 2.3 of the Highlands rule.

1. The construction of a single-family dwelling, for an individual’s own use or the use of an immediate family member, on a lot owned by the individual on August 10, 2004 or on a lot for which the individual has on or before May 17, 2004 entered into a binding contract of sale to purchase that lot;

2. The construction of a single-family dwelling on a lot in existence on August 10, 2004, provided that the construction does not result in the ultimate disturbance of more than one acre of land or a cumulative increase in impervious surface by one-quarter acre or more;

3. A major Highlands development that received on or before March 29, 2004:

3. 1. one of the following approvals pursuant to the “Municipal Land Use Law,” :

1. 1. 1. Preliminary or final site plan approval;
      2. Final municipal building or construction permit;
      3. Minor subdivision approval where no subsequent site plan approval is required; or
      4. Preliminary or Final subdivision approval where no subsequent site plan approval is required; and

3. 2. At least one of the following DEP permits, if applicable to the proposed major Highlands development:

1. 1. 1. A permit or certification pursuant to the “Water Supply Management Act,”;
      2. A water extension permit or other approval or authorization pursuant to the “Safe Drinking Water Act,”
      3. A certification or other approval or authorization issued pursuant to the “The Realty Improvement Sewerage and Facilities Act (1954),”
      4. A treatment works approval pursuant to the “Water Pollution Control Act,”); or
   2. One of the following DEP permits, if applicable to the proposed major Highlands, and if the proposed major Highlands development does not require one of the permits listed above:
      1. A permit or other approval or authorization issued pursuant to the “Freshwater Wetlands Protection Act,” ;
      2. A permit or other approval or authorization issued pursuant to the “Flood Hazard Area Control Act

3. 4. The exemption provided c. above applies only to the land area and the scope of the major Highlands development addressed by the qualifying approvals applicable to the project and described in a-c. above and shall expire:

1. 1. 1. If any of those qualifying approvals expire;
      2. If construction beyond site preparation does not commence within three years after August 10, 2004; or
      3. If construction ceases for a cumulative total of one year after August 10, 2007

4. Reconstruction of any building or structure for any reason within 125 percent of the footprint of the lawfully existing impervious surfaces on the site, provided that the reconstruction or redevelopment does not increase the lawfully existing impervious surface by one-quarter acre or more. This exemption shall not apply to the reconstruction of any agricultural or horticultural building or structure for a non-agricultural or non-horticultural use;

5. Any improvement to a legally existing single-family dwelling in existence on August 10, 2004, including but not limited to an addition garage, shed, driveway, porch, deck, patio, swimming pool, or septic system as long as the improvement maintains the use as a single family dwelling as defined by code or ordinance in the municipality in which the dwelling is located and does not permit the use of the structure as a multiple unit dwelling;

6. Any improvement, for non-residential purposes, to a place of worship owned by a nonprofit entity, society or association, or association organized primarily for religious purposes, or a public or private school, or a hospital, in existence August 10, 2004, including but not limited to new structures, an addition to an existing building or structure, a site improvement, or a sanitary facility;

7. An activity conducted in accordance with an approved woodland management plan issued pursuant to the Farmland Assessment Act, N.J.S.A.54:4-23.3 or for public lands, the normal harvesting of forest products in accordance with a forest management plan approved by the State Forester;

8. The construction or extension of trails with non-impervious surfaces (use definition of “impervious” in the act to establish the meaning of non-impervious) on publicly owned lands or on privately owned lands where a conservation or recreational use easement has been established and filed with the deed for the lots on which the easement exists;

9. The routine maintenance and operations, rehabilitation, preservation, reconstruction, or repair of transportation or infrastructure systems by a State entity or local government unit, provided that the activity is consistent with the goals and purposes of the Highlands Act and does not result in the construction of any new through-capacity travel lanes;

10. The construction of transportation safety projects and bicycle and pedestrian facilities by a State entity or local government unit, provided that the activity does not result in the construction of any new through-capacity travel lanes;

11. The routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade of public utility lines, rights of way, or systems, by a public utility, provided that the activity is consistent with the goals and purposes of the Highlands Act;

12. The reactivation of rail lines and rail beds existing on August 10, 2004;

13. The construction of a public infrastructure project approved by public referendum prior to January 1, 2005 or a capital project approved by public referendum prior to January 1, 2005.

14. The mining, quarrying, or production of ready mix concrete, bituminous concrete, or Class B recycling materials occurring or which are permitted to occur on any mine, mine site, or construction materials facility existing on June 7, 2004;

15. The remediation of any contaminated site pursuant to N.J.S.A. 58:10B-1 et seq.;

16. Any lands of a federal military installation existing on August 10, 2004 that lie within the Highlands Region; and

17. A major Highlands development located within an area designated as Planning Area 1 (Metropolitan), or Planning Area 2 (Suburban), as  designated pursuant to the State Planning Act, N.J.S.A. 52:18A-196 et seq. as of March 29, 2004, that on or before March 29, 2004 has been the subject of a settlement agreement and stipulation of dismissal issued by the Superior Court, or a builder’s remedy issued by the Superior Court, to satisfy the constitutional requirement to provide for the fulfillment of the fair share obligation of the municipality in which the development is located. This exemption shall expire if construction beyond site preparation does not commence within three years after receiving all final approvals required pursuant to the “Municipal Land Use Law,” N.J.S.A. 52:18A-196 et seq.

Municipal Role

The Highlands Water Protection and Planning Act (Highlands Act) was enacted on Aug. 10, 2004 with the purpose of protecting the region’s great wealth of natural resources, including the waterbodies that supply drinking water to more than half of the state’s population. The Highlands Act defined both a Highlands Preservation Area and a Highlands Planning Area. The Department of Environmental Protection (DEP), Division of Land Use Regulation is responsible for the regulatory program established by the Highlands Act which applies only to “Major Highlands Development” in the Highlands Preservation Area. The Highlands Rules were adopted on November 1, 2006, last amended on December 7, 2009. (For regulatory history and effective dates see the New Jersey Administrative Code). An interactive map (geo-web) of the Highlands Region is available at the Departments GEOWEB website.

Municipalities play an important role in the successful implementation of the Highlands Act. This information sheet is provided to assist municipalities in understanding the Highlands Act and its requirements.

Summary of Important Definitions

“Development” means the same as that term is defined in the Municipal Land Use Law
(N.J.S.A. 40:55D-4)

“Major Highlands Development” – the Highlands Act regulates only those projects and activities that meet the definition of Major Highlands Development. Major Highlands Development means any one of the following:

1.) Any non-residential development in the preservation area; or

2.) Any residential development in the preservation area that either:

a.) Requires an environmental land use or water permit from the Department of Environmental Protection (DEP). (Some examples: treatment works approvals (TWA), water main extensions, NJPDES discharge permits, freshwater wetlands permits, flood hazard area permits, transition area waivers, etc.); or:

b.) Results in the ultimate disturbance of 1 acre or more of land (meaning all existing and
proposed disturbance must stay under 1 acre in total); or

c.) A cumulative increase in impervious surface by 0.25 acres or more.

3.) Any activity undertaken or engaged in the preservation area that is not a development (as defined in the Municipal Land Use Law) but;

a.) Results in the disturbance of 0.25 acres or more of forested area; or

b.) Results in a cumulative increase in impervious surface by 0.25 acres or more on a lot.

4.) Any capital or other project of a state entity or local government unit in the preservation area that:

a.) Requires an environmental land use or water permit from the DEP; or

• Results in the disturbance of 1 acre or more of land; or
• A cumulative increase in impervious surface by 0.25 acres or more

5.) Major Highlands Development shall not mean an agricultural or horticultural development or agricultural or horticultural use in the preservation area.

Jurisdictional Determinations

This voluntary determination provides an applicant with an official DEP determination as to whether their property is located within the boundaries of the Highlands Preservation Area. This determination is both voluntary and free. The Jurisdictional Determination form may be found under our forms page. An individual may alternatively determine whether their property is in the Highlands on their own by using the DEP’s interactive mapping system (). A Jurisdictional Determination will not provide the applicant with any information regarding whether or not a project is regulated or exempt pursuant to the Highlands Act.

Exemption Reviews

The Highlands Act identified 17 types of projects and activities that are exempt. The DEP has implemented a program to review project applicability and exemption requests. This review, called a Highlands Applicability Determination (HAD), will determine if a project is a Major Highlands Development, and thus regulated, or qualifies for an exemption from the Highlands Act.

HADs are voluntary, except for projects that require any permits from the DEP (such as freshwater wetlands permits, transition area waivers, etc.), projects that have local approval that require an exemption from the DEP, or those projects that qualify under Section 2.4(b) of the Highlands Rules. (see General Pointers on page 6)

To initiate a HAD, applicants may submit the form titled: Highlands Applicability and Water Quality Management Plan (WQMP) Consistency Determination Application Form, which may be found on the DEP’s Web site at https://njdepwptest.net/wlm/forms/. DEP’s review will result in one of two determinations, exempt or not exempt.

Exempt – The project/activity qualifies for one of the 17 exemptions set forth in the Highlands Act. This means the project/activity is not regulated by the Highlands regulations described in the Highlands Act and Highlands Rules. However, the project must secure all other necessary federal, state and local approvals for the project/activity (i.e. freshwater wetlands or flood hazard area permits).

Not Exempt – The project/activity is not exempt and is regulated by the Highlands Act. Therefore, the project/activity is now subject to the Highlands regulations. This does not mean it isn’t possible for a project/activity to receive approval to construct. It means the project/activity has to apply for and receive a Highlands Preservation Area Approval (HPAA) issued by the DEP’s Division of Land Use Regulation, prior to construction, including site preparation.

If a project/activity is determined to be a Major Highlands Development, and does not qualify for one of the 17 exemptions, a Highlands Preservation Area Approval is required from the DEP.

Municipal Role in Implementation of the Highlands Act

Notice: In order to streamline the exemption process, the Department and the Highlands Council signed a [Memorandum of Understanding] on July 19, 2012 which provides conforming municipalities with the authority to review and issue 7 out of the 17 exemptions available under the Highlands Act (specifically, exemptions #1, 2, 4, 5, 6, 7 and 8; collectively, the “Municipal Issued Exemptions”). However, municipalities may only issue these exemptions after the Highlands Council issues: (a) formal approval of the municipality’s Highlands Exemption Ordinance; and (b) certification that the applicable officers and representatives of the Conforming Municipality have satisfactorily completed the Highlands Exemption Training Program.

If a municipal official can conclude by inspection that a project is not a Major Highlands Development or is exempt from the Highlands Act, then the municipality may issue all of the local permits that are needed for the project to begin construction, absent the requirement of a HAD from the DEP. However, the municipality does not have the authority to issue a letter declaring the project exempt from the Highlands Act unless they have been certified to do so for specific exemptions as noted above.

When a municipality is unable to determine with certainty that a project is not a Major Highlands Development or is exempt, two courses of action may be taken depending on the municipal ordinances governing the local approval process. The municipality should require, either as part of its application or as a condition of its approval, that an applicant provide a copy of either a HAD that states the project is exempt or a HPAA issued by the DEP.

Below are examples of Highlands Act exemptions that are more easily determined by inspection. Where the municipality can conclude by inspection that these projects qualify for exemption from the Highlands Act, the municipality need not require a DEP-issued exemption determination:

• Improvements or additions to a single-family dwelling that existed on Aug. 10. 2004: The determination may be made by the municipality for a dwelling that existed on or before Aug. 10. 2004 provided that the addition does not result in a new dwelling unit.

• Construction of a new single-family dwelling on a lot that existed on Aug. 10. 2004: There are multiple factors that must be considered in making this determination. There are two different exemptions in the Highlands Act that may apply to the construction of a new single-family dwelling:
  • The construction of a home for use by the property owner or an immediate family member;
  • The construction of a single-family home for subsequent sale.

The following are some factors to consider:

• In order to qualify for either of these exemptions the lot must have existed on Aug. 10, 2004. If the property was subdivided, or if a lot line has been moved after Aug. 10, 2004, to create a new developable lot, then the lot did not exist prior to enactment and neither exemption is applicable to the property.
• To qualify for an exemption for a single-family home for an individual’s own use or that of an immediate family member, that lot must have been owned by the applicant on Aug. 10, 2004 (or under binding contract by May 17, 2004). Proof of ownership should be required. In addition, the DEP requires a notarized affidavit that the proposed house is for the applicant’s own use. No other limitations are placed on this exemption.
• To qualify for an exemption for a single-family home for sale, there are limitations on both the amount of disturbance and the amount of new impervious cover. A project that proposes to disturb 1 acre or more (including existing and proposed disturbances), or that proposes to place 0.25 acres or more of impervious surface, does not qualify for this exemption. Please note that the statutory definition of impervious surface includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures. The DEP requires that a metes and bounds description of the limits of disturbance be shown on the approved site plan and that an approved conservation restriction be placed on the lot to ensure long-term compliance with these limitations.

The Highlands Act may also not regulate single-family home construction if the project does not meet the definition of a Major Highlands Development (defined above). Critical to this determination is whether the lot on which the home is to be constructed was created through subdivision after Aug. 10, 2004. If the lot was created after this date, then all disturbance and new impervious surface on the parent lot (the lot as it existed on Aug. 10, 2004) must be considered when determining if the project is a Major Highlands Development. In any case where a municipality believes that a permit is required from the DEP for construction of the single- family home, it should assume the project is regulated by the Highlands Act and require an exemption determination or HPAA from the DEP, regardless of the amount of disturbance or impervious surface proposed.

Example: A 20-acre lot is subdivided into 10, 2-acre lots after Aug. 10, 2004. Even though there are now 10 lots on this property, the original 20-acre lot is the tract that would need to be considered when

determining whether a project is exempt from the Highlands Act. This situation can be problematic if none of the lots would need any DEP permits, and all of the proposed homes are each under 1 acre of ultimate disturbance and 0.25 acres of impervious covering. Individually, it would appear that the homes may not be a Major Highlands Development. However, the project must consider all disturbance and impervious surface on the lot as it existed at the time the Highlands Act was signed into law. Because the lots did not exist on Aug. 10, 2004, the cumulative total disturbance and impervious surface proposed on all lots must be considered and the development of each lot is subject to a HPAA.

Example: A 3-acre lot contains a single-family dwelling with a disturbed area of 2 acres. The property owner proposes to subdivide the lot to build and sell a new single-family dwelling. In order for this project to continue without a HPAA, the new dwelling must not be a Major Highlands Development. To do so, the new dwelling must not result in 0.25 acres or more of new impervious surface or 1 acre or more of ultimate disturbance on the lot that existed on Aug. 10, 2004. Ultimate disturbance means all existing and proposed disturbance must stay under 1 acre in total. Since there is already 2 acres of existing disturbance on the lot, a metes and bounds description of the ultimate disturbance area must be provided, and it must include the existing dwelling, associated structures and cleared area, as well as the new dwelling and its associated structures and lawn area. Together, the metes and bounds descriptions of the two lots must encompass less than 1 acre. The area of the lot outside of described area of disturbance is required by the DEP to have a conservation restriction attached to it via the deed, such that the ultimate disturbance remains below the 1-acre threshold.

Deed Restrictions:
When municipal determinations are made regarding the applicability of the Highlands Act to a project, it is recommended that all deed restrictions required by the DEP also be required by the municipality. This would mean that a metes and bounds disturbance area delineation line would be required to prove the project is staying under 1 acre of ultimate disturbance. Projects that would require this restriction are single-family dwellings on a lot that existed on Aug. 10, 2004 not for the individual’s own use (exemption 2),

• It should be noted that when the DEP requires a deed restriction for a project, it is also required that proof of filing of the restriction in the deed be submitted to the DEP prior to project construction.

Projects that qualify as the construction of a single-family dwelling not for the individual’s own use should be deed restricted to reflect that no disturbance beyond 1 acre of ultimate disturbance is allowed. A restriction should be added to the deed and a metes and bounds line should be required by the municipality. This is to ensure that disturbance does not occur beyond the 1-acre threshold and the placement of new impervious surface beyond the 0.25-acre threshold does not occur.

Access Roads:
Any new access roads that are required by a municipality for development of a single-family home are not exempt under the Highlands Act unless they are exempt because they received local and DEP approvals prior to March 29, 2004. This exemption expires by statute on Aug. 10, 2007. These exemptions are often complicated and the DEP encourages the municipality to require a HAD from the DEP in these cases. In some cases, a municipality may require the incremental improvement of a paper street as part of a single- family home construction. These new roads should not be included in the exemption for the construction of a single-family dwelling. New roads are not residential development and the extension of new roads in the Highlands Preservation Area violates the intent of the Act by providing access for potential future development. Therefore, new roads require a HPAA. If a single-family home requires access, a driveway can be included to provide that access as long as the disturbance and impervious surface required for that driveway are included in the disturbance and impervious surface calculations for the dwelling.

General Pointers

There are a few situations when a project requires a DEP permit (other than a NJPDES or TWA permit), but is not required to receive a HAD. These situations are outlined in Section 2.4(b) of the Highlands Rules and below:

1. Improvements to a legally existing single-family dwelling in existence on Aug. 10, 2004, provided that the lot upon which the home is situated has not been further subdivided.
2. Routine maintenance and operations, preservation, or repair of transportation systems by a State entity or local government unit provided such activity is confined to the existing footprint of development, and does not create new travel lanes or increase the length of an existing travel lane by more than 2,640 feet, not including tapers;
3. Rehabilitation or reconstruction of transportation systems by a State entity or local government unit provided such activity:
   i.) Does not result in a cumulative increase in impervious surface by 0.5 acres or more;
   ii.) Does not involve the ultimate disturbance of 1 or more acres of land; and
   iii.) Does not create new travel lanes or increase the length of an existing travel lane by more than 2,640 feet, not including tapers.
4. Routine maintenance and operations, rehabilitation, preservation, reconstruction and repair of infrastructure systems by a State entity or local government unit provided such activity is confined to the existing footprint of development, and does not increase the conveyance capacity, for example, by increasing the pipe size of a sewer or water system.
5. The construction of transportation safety projects and bicycle and pedestrian facilities by a State entity or local government unit provided the activity does not:
   i.) Create a new travel lane or increase the length of an existing travel lane by more than 2,640 linear feet, not including tapers; or
   ii.). Result in a cumulative increase in impervious surface of one acre or more; or
   iii.) Involve the ultimate disturbance of two or more acres of land;
6. Any activity that is part of an agricultural or horticultural development or agricultural or horticultural use;
7. Any activity conducted by a landowner in accordance with an approved woodland management plan issued pursuant to the Farmland Assessment Act, N.J.S.A. 54:4-23.3 or [for public lands,] the normal harvesting of forest products in accordance with a forest management plan approved by the State Forester;
8. he remediation of any contaminated site pursuant to N.J.S.A. 58:10B, provided no residential, commercial, or industrial development is undertaken concurrently with, or subsequent to, the remediation. Any concurrent or subsequent development at the site is subject to the requirements of this chapter for a Highlands applicability determination and HPAA as applicable;
9. The addition of telecommunications equipment or antennas to a telecommunication facility existing on August 10, 2004, provided the equipment is located within the existing fenced compound or on lawfully existing impervious surface so that it does not increase impervious surface; or
10. Installation of cellular equipment on a legally existing overhead utility tower and the construction of the attendant 10-foot by 20-foot pad, when located within the four footings of such tower within a right-of-way owned or controlled by a public utility, constructed with the consent of the public utility; Routine maintenance, rehabilitation, reconstruction and repair of transportation or infrastructure systems by a State entity or local government unit, provided such activity is confined to the existing footprint of development and does not increase the conveyance capacity.
11. The construction of transportation safety projects and bicycle and pedestrian facilities by a State entity or local government unit, provided the construction does not create new travel lanes or increase the length of an existing lane by more than 2,640 linear feet; result in the cumulative increase in impervious surface by 1 acre or more; or involve the ultimate disturbance of 2 or more acres.

If there is any question as to the applicability of the Highlands Act for a project/activity and the municipality is not certified to issue formal exemptions, the municipality should direct the applicant to apply to the DEP to receive a formal written determination in the form of a HAD. To initiate a HAD, applicants may submit the form: Highlands Applicability and Water Quality Management Plan (WQMP) Consistency Determination Application Form, which may be found on the DEP’s Web site under Highlands Forms

If a municipality can determine with certainty that a project is not regulated by the Highlands Act, there is still the possibility that the State, at some point, may require proof of exemption from the project owner.

This could occur in a situation where a concerned citizen brings to the DEP’s attention that construction of a development is occurring without a HPAA. It would be beneficial for an applicant to receive a formal
written determination in the form of a HAD from the DEP to remove any question that the project is exempt, thereby eliminating potential construction delays that may result from an enforcement investigation.

When local approvals (such as a subdivision or site plan approvals) are given for a Major Highlands Development before a HAD is issued by the DEP and the municipality is unable to conclude that the project would be exempt, a condition should be included in the municipal approval requiring that the applicant receive a HAD or HPAA before the municipal approval becomes final.

When a subdivision occurs after Aug. 10, 2004, the allowable disturbance and impervious surface must be considered for all of the new lots, not just each new lot individually. In other words, the lot that should be considered is the lot that existed on Aug. 10, 2004. When considering the lots as a whole, the DEP will check whether any permits are applicable to any of the lots.

When a lot is created after Aug. 10, 2004, and the proposed development on that lot is not a Major Highlands Development and, therefore, is not required to receive a HPAA from the DEP, language should be added to the deed for each of the new lots to ensure that the square footage of disturbance and impervious areas are not exceeded in the future. No new disturbed areas or impervious surfaces beyond the allowable limits of the original lot may be added in the future after the construction of the proposed development. This provides future owners with notice that further development may be restricted.

Contact Information

To contact the Highlands Council:
Highlands Council
100 North Road
Route 513
Chester, New Jersey 07930 908-879-6737
Fax (908) 879-4205

To contact DEP, Division of Land Resource Protection:
New Jersey Department of Environmental Protection
Division of Land Resource Protection
Mail Code 501-02A;  P.O. Box 420
Trenton, New Jersey 08625-0420
https://njdepwptest.net/wlm/lrp/highlands/

FAQ

1. What is the Highlands Water Protection and Planning Act?

The Highlands Water Protection and Planning Act is a law signed in August 2004 that preserves open space and protects the State’s greatest diversity of natural resources including the precious water resources that supply drinking water to more than half of New Jersey’s families. The Highlands Act documents the geographical boundary of the Highlands Region and establishes the Highlands Preservation Area and the Highlands Planning Area. It required the Department to establish regulations in the Highlands Preservation Area and that the Highlands Water Protection and Planning Council develop a regional master plan for the entire Highlands Region.

• View an interactive map of the Highlands Region, Planning and Preservation Areas
• View a PDF map of the Highlands Region, Planning and Preservation Areas

2. Why is protecting the Highlands Region important?

The Highlands Region is a vital source of drinking water for more than half of New Jersey’s families, yielding approximately 379 million gallons of water daily. In addition to water resources, the Highlands Region contains exceptional natural resources such as contiguous forest lands, wetlands, pristine watersheds and plant and wildlife species habitats. The region contains many sites of historic significance and provides abundant recreational opportunities. Approximately 110,000 acres of agricultural lands are in active production in the Highlands region.

3. How did this legislation come about?

On September 19, 2003, the Highlands Task Force was created through Executive Order. The Governor charged the Task Force to provide recommendations within six months on how best to advance conservation efforts, smart growth, regional planning and water resource protections in the region. The task force called for the identification of a Preservation Area in the Highlands to protect a core area of the most sensitive land, which the Legislature should then officially designate by statute. The Act was signed into law on August 10, 2004.

Homeowners and Property Owners

1. What activities are regulated in the Highlands Preservation Area?

“Major Highlands development”, as defined by the Highlands Act, in the Preservation Area is regulated and will require DEP approval, unless otherwise exempted (See the “exemptions” tab for more information) by the Act.

2. Do the Highlands Water Protection and Planning Act or Highlands rules have an impact on my property?

To determine if the law affects your property, you can enter the property location into DEP’s interactive mapping system to determine if the property is in the Highlands Preservation Area or Planning Area or you may submit an application for a Highlands Jurisdictional Determination.

If your property is located within the Highlands Planning Area, then the DEP Highlands rules do not apply to your project.

If your property is located within the Highlands Preservation Area and your proposed project does not meet the definition of major Highlands development, then your project is not subject to the DEP Highlands rules.

If your property is located within the Highlands Preservation Area and your proposed project meets the definition of major Highlands development, then your project may be regulated. Some activities and projects, however, may be exempt. See the “Exemptions” tab to see a list of exemptions. To apply for an exemption, known as a Highlands Applicability Determination (HAD) from the DEP, please download the HAD form

3. What standards does DEP use to review regulated activities?

The DEP standards for review of regulated activities (i.e., major Highlands development) in the Highlands Preservation Area are known as the Highlands Water Protection and Planning Act rules.
Click here to view the Highlands rules.

4. How can I determine if my project is exempt?
The Highlands Act set forth provisions for exemptions which are found in subchapter 2.3 of the Highlands rules. Certain activities, such as the construction of a single family home, may be exempt.

To apply for an exemption, known as a Highlands Applicability Determination, from the DEP, click here for a copy of the Highlands Applicability Application Form.

Exemptions based on prior approvals

Exemptions based on prior approvals are found at in subchapter 2.3 of the Highlands rule.

Only certain local and DEP approvals issued before March 29, 2004 will be eligible for this exemption.
If you received a DEP or local approval after this date and have started construction and your property is located within the Preservation Area, you may be in violation of the Highlands Act. Construction should cease immediately until it can be determined that your project is exempt from the Highlands Act or until the DEP issues a Highlands Preservation Area Approval.

5. Can I make an improvement to my house if I am in the Highlands Preservation Area?

Yes. Within the Highlands Preservation Area, the new law exempts “any improvement to a single-family dwelling in existence on the date of enactment of this act, including but not limited to an addition, garage, shed, driveway, porch, deck, patio, swimming pool, or septic system.”
The exemption applies only to the Highlands Water Protection and Planning Act and does not exempt applicants from any other state or local regulations (ex. freshwater wetlands, flood hazard area).

• To determine if your property is in the Highlands Preservation Area, click here. to use DEP’s interactive mapping system.
• To apply for an exemption, known as a Highlands Applicability Determination (HAD), from the DEP, click here for a copy of the Highlands Applicability Application Form.

6. If a home was constructed after August 10, 2004, after being deemed exempt (exemption #3), would a homeowner be allowed to add an improvement, such as an addition, garage, shed, porch, deck, pool, etc. (improvements listed under exemption #5)?

Improvements to legally existing single family dwellings in existence on August 10, 2004 qualify for Exemption #5. In the scenario where the home was not legally existing as of August 10, 2004, but was found exempt under exemption #3, the homeowner would be allowed up to one year after the Certificate of Occupancy was issued for the home in which to add the improvement. There would be no need to apply for an exemption to allow the improvement as it would be considered to be part of the exempt project that it was previously reviewed under.
In addition, improvements to single-family homes that were previously determined, by the Department,  not to meet the definition of  Major Highlands Development must be located within the delineated metes and bounds if the project was required to have a deed restriction.

7. Who do I call if I have questions about the Highlands rules?

• For assistance in determining if your property is in the Highlands Preservation Area, please see the Department’s interactive mapping tool.
•  or apply for a Highlands Jurisdictional Determination (JD) and our staff will determine if a lot is within the Preservation area for you.  Click here for the JD application form.
• To determine whether your project is regulated by the Highlands Act or qualifies for an exemption you may apply for a Highlands Applicability Determination (HAD), from the DEP, click here for a copy of the Highlands Applicability Application Form.
• To inquire about the Highlands rules, contact the Division of Land Use Regulation support center at (609) 777-0456.
• For questions about water supply, water allocation and wells within the Highlands Preservation Area, contact the Water Supply Administration, at (609) 292-7219.
• For information about treatment-works approvals or the New Jersey Pollutant Discharge Elimination System (NJPDES) within the Highlands Preservation Area, contact the Division of Water Quality at (609) 292-4543.

If you believe that you have observed a violation of the Highlands Water Protection and Planning Act, contact the DEP Hotline at 1-877-WARN-DEP (1-877-927-6337).