New Jersey § 13:20-32

§ 13:20-32.

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 review program administered

by the department pursuant to this act shall be based. These rules and regulations shall provide for at least the following: a. a prohibition on major Highlands development within 300 feet of any Highlands open

waters, and the establishment of a 300-foot buffer adjacent to all Highlands open

waters; provided, however, that this buffer shall not extend into the planning area. For the purposes of this subsection, major Highlands development does not include

linear development for infrastructure, utilities, and the rights-of-way therefor,

provided that there is no other feasible alternative, as determined by the department,

for the linear development outside of the buffer. Structures or land uses in the buffer existing on the date of enactment of this

act may remain, provided that the area of disturbance shall not be increased. This subsection shall not be construed to limit any authority of the department

to establish buffers of any size or any other protections for category one waters

designated by the department pursuant to the “Water Pollution Control Act,” P.L.1977,

c. 74 ( C.58:10A-1 et seq. ), or any other law, or any rule or regulation adopted pursuant thereto, for major

Highlands development or for other development that does not qualify as major Highlands

development; b. measures to ensure that existing water quality shall be maintained, restored, or

enhanced, as required pursuant to the “Water Pollution Control Act,” P.L.1977, c.

74 ( C.58:10A-1 et seq. ) or the “Water Quality Planning Act,” P.L.1977, c. 75 ( C.58:11A-1 et seq. ), or any rule or regulation adopted pursuant thereto, in all Highlands open waters

and waters of the Highlands, and to provide that any new or expanded point source

discharge, except discharges from water supply facilities, shall not degrade existing

water quality. In the case of water supply facilities, all reasonable measures shall be taken to

eliminate or minimize water quality impacts; c. notwithstanding the provisions of section 23 of P.L.1987, c. 156 ( C.13:9B-23 ), or any rule or regulation adopted pursuant thereto, to the contrary, the criteria

for the type of activity or activities eligible for the use of a general permit for

any portion of an activity located within a freshwater wetland or freshwater wetland

transition area located in the preservation area, provided that these criteria are

at least as protective as those provided in section 23 of P.L.1987, c. 156 ( C.13:9B-23 ); d. notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c. 262

( C.58:1A-5 ), or any rule or regulation adopted pursuant thereto, to the contrary, a system for

the regulation of any diversion of more than 50,000 gallons per day, and multiple

diversions by the same or related entities for the same or related projects or developments

of more than 50,000 gallons per day, of waters of the Highlands pursuant to the “Water

Supply Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et seq. ), and any permit issued pursuant thereto shall be based on consideration of individual

and cumulative impacts of multiple diversions, maintenance of stream base flows, minimization

of depletive use, maintenance of existing water quality, and protection of ecological

uses. Any new or increased diversion for nonpotable purposes that is more than 50% consumptive

shall require an equivalent reduction in water demand within the same subdrainage

area through such means as groundwater recharge of stormwater or reuse. Existing unused allocation or allocations used for nonpotable purposes may be revoked

by the department where measures to the maximum extent practicable are not implemented

to reduce demand. All new or increased diversions shall be required to implement water conservation

measures to the maximum extent practicable; e. a septic system density standard established at a level to prevent the degradation

of water quality, or to require the restoration of water quality, and to protect ecological

uses from individual, secondary, and cumulative impacts, in consideration of deep

aquifer recharge available for dilution; f. a zero net fill requirement for flood hazard areas pursuant to the “Flood Hazard

Area Control Act,” P.L.1962, c. 19 ( C.58:16A-50 et seq. ); g. the antidegradation provisions of the surface water quality standards and the stormwater

regulations applicable to category one waters to be applied to Highlands open waters; h. a prohibition on impervious surfaces of greater than three percent of the land

area, except that Highlands open waters shall not be included in the calculation of

that land area , and solar panels shall not be included in any calculation of impervious surface ; i. notwithstanding the provisions of the “Safe Drinking Water Act,” P.L. 1977, c.

224 ( C.58:12A-1 et seq. ), or any rule or regulation adopted pursuant thereto, to the contrary, a limitation

or prohibition on the construction of new public water systems or the extension of

existing public water systems to serve development in the preservation area, except

in the case of a demonstrated need to protect public health and safety; j. a prohibition on development, except linear development for infrastructure, utilities,

and the rights-of-way therefor, provided that no other feasible alternative, as determined

by the department, exists for the linear development, on steep slopes in the preservation

area with a grade of 20% or greater, and standards for development on slopes in the

preservation area exhibiting a grade of between 10% and 20%. The standards shall assure that developments on slopes exhibiting a grade of between

10% and 20% preserve and protect steep slopes from the negative consequences of development

on the site and the cumulative impact in the Highlands Region. The standards shall be developed to prevent soil erosion and sedimentation, protect

water quality, prevent stormwater runoff, protect threatened and endangered animal

and plant species sites and designated habitats, provide for minimal practicable degradation

of unique or irreplaceable land types, historical or archeological areas, and existing

scenic attributes at the site and within the surrounding area, protect upland forest,

and restrict impervious surface; and shall take into consideration differing soil

types, soil erodability, topography, hydrology, geology, and vegetation types; and k. a prohibition on development that disturbs upland forested areas, in order to prevent

soil erosion and sedimentation, protect water quality, prevent stormwater runoff,

and protect threatened and endangered animal and plant species sites and designated

habitats; and standards to protect upland forested areas that require all appropriate

measures be taken to avoid impacts or disturbance to upland forested areas, and where

avoidance is not possible that all appropriate measures have been taken to minimize

and mitigate impacts to upland forested areas and to prevent soil erosion and sedimentation,

protect water quality, prevent stormwater runoff, and protect threatened and endangered

animal and plant species sites and designated habitats.