Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:20-13 Use of regional master plan elements for TDR program. 13. a. The council shall use the regional master plan elements prepared pursuant to sections 11 and 12 of this act, including the resource assessment and the smart growth component, to establish a transfer of developm…

13:20-14 Submission of revisions to regional master plan by municipalities, counties in preservation area for conformance. 14. a. Within nine to 15 months after the date of adoption of the regional master plan or any revision thereof, according to a schedule to be established by …

13:20-15 Municipalities, counties in planning area may petition council relative to revision. 15. a. (1) For any municipality located wholly in the planning area or for any portion of a municipality lying within the planning area, the municipality may, by ordinance, petition the …

13:20-16 Council may provide comments, recommendations on projects. 16. a. The council may provide comments and recommendations on any capital or other project proposed to be undertaken by any State entity or local government unit in the Highlands Region. b. Within the preservati…

13:20-17 Review by council of regional applications for development. 17. a. (1) Subsequent to adoption of the regional master plan, the council may review, within 15 days after any final local government unit approval, rejection, or approval with conditions thereof, any applicati…

13:20-18 Qualification for State aid, grants. 18. a. Any municipality in the Highlands Region whose municipal master plan and development regulations, and any county in the Highlands Region whose county master plan and associated regulations, have been approved by the council to …

13:20-19 "Highlands Protection Fund"; use. 21. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Highlands Protection Fund." The monies in the fund are dedicated and shall be used only to carry out the purposes enumerated in subs…

13:20-19.1 Distribution, Highlands Protection Fund; annual budget request. 4. a. Funds shall be distributed each State fiscal year from the "Highlands Protection Fund" created pursuant to section 21 of P.L.2004, c.120 (C.13:20-19) to each municipality within the Highlands Region …

13:20-2 Findings, declarations relative to the "Highlands Water Protection and Planning Act." 2. The Legislature finds and declares that the national Highlands Region is an area that extends from northwestern Connecticut across the lower Hudson River Valley and northern New Jerse…

13:20-20 Council to provide legal representation to local units, conditions. 22. The council shall provide legal representation to any requesting local government unit located in the Highlands Region in any cause of action filed against the local government unit and contesting an…

13:20-21 Guidelines, instructions to local government units. 23. Within 10 days after the date of enactment of this act, the Department of Community Affairs, in consultation with the Department of Environmental Protection, shall provide guidelines and instructions to all local go…

13:20-22 Plans, regulations entitled to strong presumption of validity. 24. The municipal master plan and development regulations of any municipality, and the county master plan and associated regulations of any county, located in the Highlands Region which have been approved by …

13:20-23 Regional master plan considered in allocation of prospective fair housing share. 25. a. The regional master plan shall be taken into account as part of the determination of obligations pursuant to the method in section 7 of P.L.2024, c.2 (C.52:27D-304.3) regarding the al…

13:20-24 Modification of site improvement standards for residential development. 26. Within 90 days after the first meeting of the Highlands Water Protection and Planning Council, the Site Improvement Advisory Board established pursuant to section 3 of P.L.1993, c.32 (C.40:55D-40…

13:20-25 Council may institute action, proceeding for injunctive relief. 27. The council may institute an action or proceeding in Superior Court for injunctive relief for any violation of this act, or any rule or regulation adopted pursuant thereto, or, in the preservation area f…

13:20-26 Council decision deemed final agency action, appellate review. 28. Any decision rendered or action taken by the council pursuant to this act shall be a final agency action subject to judicial review in the Appellate Division of the Superior Court of New Jersey in accorda…

13:20-27 Annual report of council. 29. On or before March 31 in each year the council shall make an annual report of its activities for the preceding calendar year to the Governor, the Legislature, and the governing body and the chief executive officer of each municipality and co…

13:20-28 Exemptions. 30. a. The following are exempt from the provisions of this act, the regional master plan, any rules or regulations adopted by the Department of Environmental Protection pursuant to this act, or any amendments to a master plan, development regulations, or oth…

13:20-29 Agricultural, horticultural development, review required; enforcement. 31. a. (1) Any agricultural or horticultural development in the preservation area that would result in the increase, after the date of enactment of this act either individually or cumulatively, of agr…

13:20-3 Definitions relative to the "Highlands Water Protection and Planning Act." 3. As used in this act: "Agricultural or horticultural development" means construction for the purposes of supporting common farmsite activities, including but not limited to: the production, harve…

13:20-30 Highlands Preservation Area, major development approvals; required, fee schedule. 32. a. Commencing on the date of enactment of this act and until the effective date of the rules and regulations adopted by the Department of Environmental Protection pursuant to sections 3…

13:20-31 Adoption of rules, regulations; procedure. 33. a. Within 270 days after the date of enactment of this act, and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Environmental Pr…

13:20-32 Rules, regulations, standards. 34. The Department of Environmental Protection shall prepare rules and regulations establishing the environmental standards for the preservation area upon which the regional master plan adopted by the council and the Highlands permitting re…

13:20-33 Highlands permitting review program. 35. a. The Department of Environmental Protection shall establish a Highlands permitting review program to provide for the coordinated review of any major Highlands development in the preservation area based upon the rules and regulat…

13:20-34 Review of applications. 36. a. The Commissioner of Environmental Protection shall review filed applications for Highlands permitting reviews, including any information presented at public hearings or during a comment period, or submitted during the application review per…

13:20-35 Violations, certain, civil actions, penalties. 37. a. Whenever the Commissioner of Environmental Protection finds that a person has violated any provision of section 32 of this act, a Highlands permitting review approval issued pursuant to section 36 of this act, or any …

13:20-4 "Highlands Water Protection and Planning Council." 4. There is hereby established a public body corporate and politic, with corporate succession, to be known as the "Highlands Water Protection and Planning Council." The council shall constitute a political subdivision of …

13:20-5 Membership of council, appointment, terms, meetings, minutes delivered to Governor. 5. a. The council shall consist of 15 voting members to be appointed and qualified as follows: (1) Eight residents of the counties of Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex, …

13:20-6 Powers, duties, responsibilities of council. 6. The council shall have the following powers, duties, and responsibilities, in addition to those prescribed elsewhere in this act: a. To adopt and from time to time amend and repeal suitable bylaws for the management of its a…

13:20-7 Highlands Region, preservation area; delineated. 7. a. The Highlands Region shall consist of all that area within the boundaries of the following municipalities: (1) in Bergen County: Mahwah and Oakland; (2) in Hunterdon County: Alexandria, Bethlehem, Bloomsbury, Califon,…

13:20-8 Preparation, adoption of master plan for the Highlands Region. 8. a. The council shall, within 18 months after the date of its first meeting, and after holding at least five public hearings in various locations in the Highlands Region and at least one public hearing in Tr…

13:20-9 Consultations, etc. relative to preparation, revisions of regional master plan. 9. a. During the preparation of the regional master plan or any revision thereof, the council shall consult with the Department of Environmental Protection, the Department of Community Affairs…