By Nicole L. Voigt, Esq., Attorney at Law

Development in the Highlands Preservation Area

Primarily intended to protect drinking water, over 800,000 acres of New Jersey, known as the “Highlands Region,” have been designated either Highlands Preservation Area or Highlands Planning Area. This overlay of regulations allows the Highlands Water Protection and Planning Council to create enhanced standards for environmental protection. The Preservation Area is most protected, with restricted development and additional application requirements involving the New Jersey Department of Environmental Protection (NJDEP). The Highlands regulations includes significantly more detail and program options than described here. However, pursuant to NJAC 7:38-2.2, agricultural or horticultural development in the Preservation Area is not regulated as a major Highlands development.

The Three Percent, Nine Percent Rule

Pursuant to NJAC 2:92-101 et seq., the New Jersey Department of Agriculture (NJDA) oversees agricultural development in the Highlands pursuant to the “3% / 9% rules,” and pursuant to practice standards and quality criteria. To determine which rule applies to a proposed agricultural development, the cumulative increase in impervious coverage must be calculated. If new agricultural impervious cover increases by at least three percent (3%) but not more than nine percent (9%) relative to the total land area, agricultural Highlands development requires the development of a Farm Conservation Plan. If new agricultural impervious cover increases by nine percent (9%) or more relative to the total land area, agricultural Highlands development requires the development of a Resource Management System Plan. These are in addition to the other approvals that are required for the agricultural development.

Farm Conservation and Resource Management Plans

Both Farm Conservation Plans and Resource Management System Plans are developed with the assistance of the Natural Resource Conservation System (NRCS) local field office. These plans must conform with the NRCS New Jersey Field Office Technical Guide (NJ-FOTG), which contains many sections, and may be found here. The primary difference between the Farm Conservation Plan and the Resource Management System Plan is that the Farm Conservation Plan need only conform to Section III and IV of the NJ-FOTG, while the Resource Management System Plan must conform to all sections I through V of the NJ-FOTG.

Plans are approved by the local Soil Conservation District and the NRCS. Preserved Farms may also require approval by the State Agricultural Development Committee (SADC). The decision to approve or not approve the plan is appealable. Additionally, an applicant may consult with other entities to develop the plan, which then requires approval by the NRCS before transmittal to the Soil Conservation District for approval.

THE INFORMATION CONTAINED HEREIN IS GENERAL INFORMATION, IS NOT LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. YOUR SPECIFIC FACTS AND CIRCUMSTANCES MUST BE CAREFULLY REVIEWED WITH A RETAINED ATTORNEY PRIOR TO REACHING LEGAL CONCLUSIONS.

You may contact Nicole at (908)801-5434 or info@nlvlegal.com. For more information, visit www.voigtlawoffice.com.