Let's see if they have the stones to make the right decision regarding 140.

State readopts regulations for building in Highlands
Rules make it difficult to construct housing in half of the region

BY COLLEEN O'DEA
DAILY RECORD

TRENTON -- State rules making it difficult to build in half the Highlands region have been readopted, the state Department of Environmental Protection announced on Friday.

These regulations, in effect on an interim basis for the last 18 months, were readopted with only minor revisions that don't affect the major roadblocks to development in the 400,000-acre preservation area that includes parts of a dozen Morris County communities.

The rules are to be published in the Dec. 4 New Jersey Register and take effect on publication.

"The department remains firmly committed to the goals of the landmark Highlands Water Protection and Planning Act, which not only protects exceptional forest lands, wetlands and wildlife habitats, but safeguards water supplies for more than 5 million people,''said DEP Commissioner Lisa Jackson in announcing the re-adoption.

The rules, which have slowed the pace of major development in the preservation area, permit only one home on a septic system on every 88 acres of forest. One home with a septic may be built on every 25 acres of land that is not considered forested.

Additionally, development is prohibited on slopes of more than a 10 percent grade, sites with historic buildings, archaeological finds or rare plants and animals, and land within 300 feet of open water. The regulations also restrict the amount of impervious coverage allowed on developed land.

Among the revisions in the regulations is a provision that requires those land owners required to offer their land for preservation to receive the higher of two appraised values -- pre-Highlands act or current value -- whenever state funds are used.

In Morris County, those towns with portions of land in the preservation area subject to the rules are Boonton Township, Chester Township, Jefferson, Kinnelon, Montville, Mount Arlington, Mount Olive, Pequannock, Randolph, Rockaway Township, Roxbury and Washington Township.

A copy of the proposed rules is available on the DEP Web site at www. state. nj.us/ dep/highlands/