Two recent events, one that involved an affordable housing lawsuit and the other that memorialized the legislature’s nullification of the Highlands septic system density rule, underscored the challenges that landowners and developers have confronted in the 859,358 acre Highlands region. While protection of the Highlands as a source of drinking water is paramount, the economic and social implications also need to be taken into account since nearly 20 percent of the state’s land area is located within the region delineated by the 2004 Highlands Preservation and Planning Act (the Highlands Act). N.J.S.A. 13:20-1 et seq. For additional discussion of the adoption and implementation of the Highlands Act, see L. Goldshore and M. Wolf, “Highlands Preservation Bill a Priority,” 176 N.J.L.J. 549 (May 17, 2004); L. Goldshore, “Court to Decide Highlands Act Exemption Case,” 224 N.J.L.J. 163 (Jan. 15, 2018) and L. Goldshore, “Highlands Septic System Density Rule,” 224 N.J.L.J. 294 (Jan. 29, 2018).

The Highlands Exemption Case

On Dec. 13, 2018, the New Jersey Supreme Court issued a decision in a case that had its roots in a 1987 Mt. Laurel action to construct a development that included an affordable housing component. N.J. Highlands Coalition v. N.J. Dept. of Environmental Protec., 2018 WL 6539897, aff’g 2017 WL 3318305 (App. Div.). Securing approval of such projects has rarely been easy or quick due to community opposition frequently punctuated by overstated environmental concerns. After more than 31 years, the court’s observation that this matter had “an extended history” constituted something of an understatement.

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