Passaic County, NJ
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Any subdivision of land or site plan located in the Highlands Preservation Area, which meets the definition of "Major Highlands Development" and is non-exempt, is regulated by the New Jersey Department of Environmental Protection (NJDEP) pursuant to the Highlands Act and its implementing rules at N.J.A.C. 7:38. Applicants may determine informally if their property is located in the Highlands Preservation Area by using either the In / Out application available on the New Jersey Highlands Council’s website or at NJDEP’s interactive mapping system (i-MAPNJ). For a formal determination, applicants may seek a Jurisdictional Determination from NJDEP free of charge.
A non-exempt project / activity must apply for and receive a Highlands Preservation Areas Approval (HPAA), prior to construction, including any site preparation. Formal written determinations as to whether a project / activity is exempt or non-exempt should be directed to NJDEP by submitting an application for a Highlands Applicability Determination (HAD). HAD applications may be found on NJDEP's website. For a project / activity in the Highlands Preservation Area, the county will require, either as part of its application or condition of its approval, that the applicant provide either a HAD stating the project is “Exempt” or a HPAA issued by the NJDEP.