How the State of New GRABBED CONTROL
OF over 400,000 acres of privately owned LAND
September 19, 2003
Governor McGreevey, via executive order, established the 19 member Highlands
Task Force citing that since 1984, 65,000 acres had been lost to
development in the highlands of Hunterdon, Sussex, Morris and Warren Counties.
October 27, 2003
The Highlands Task force met for the first time.
December 5, 2003
The Highlands task force held it's first
public meeting in the Morris County Cultural Center. About 300 officials,
environmentalists and builders attended. Few residents of the Highlands
attended since the meeting was advertised mainly with environmental groups.
March 13, 2004
In Wanaque, NJ, Governor McGreevy unveiled the Highlands Task force proposal
to save the Highlands after 3 months work.
The Task Force sought public input by soliciting comments
from the web site,
conducting
a Save the Highlands public opinion survey and taking comments at hearings in
Morristown and Mahwah from the general public and planning representatives from
Highlands counties and municipalities. So, by now, municipal officials
are aware of the effort, but very few landowners were since, once again,
the outreach was targeted mainly to environmentalists.
March 17, 2004
Senator Bob Smith and Assemblyman John F. McKeon announced
that the legislature had boldly moved ahead in preserving the
Highlands and the
Highlands Water Protection Act draft would be ready for public review on
March 22, 2004
This means
that a maximum of 10 days was spent drafting the legislation.4 Public
Comments meetings were scheduled. By now, the Farm Bureau knew what was
happening and rallied farmers to protest on very short notice.
March 30, 2004
Public Hearing in Skylands Manor, Ringwood, NJ.
Hundreds were turned away.
April 12, 2004
Public Hearing in Frelinghuysen Arboretum, Morristown,
NJ. Again, hundreds of protesters were turned away.
April 15, 2004
Public Hearing in Voorhees High School Lebanon, NJ.
Farmers brought their tractors to protest, but, again hundreds were turned away
despite the fact that hundred of environmentalists were allowed in, including
school children who read scripts provided to them by Jeff Tittel, lobbyist for
the Sierra Club.
April 22, 2004
Public Hearing in Statehouse Annex, Trenton, NJ.
80 pages of major Amendments were introduced just before the hearing began in
an effort to diffuse the fury of the crowd. Busloads of builders, landowners
and farmers came down but few were allowed into the Statehouse and most were
trotted off to an auditorium to watch the hearings on video. So, when our
names were called to testify, we could not get to the floor of the hearing.
May 10, 2004
More Amendments introduced. Many of the
boundaries between the preservation area and the planning area were moved based
on the political clout of the owners. Many agricultural activities were now
exempt and heirs were no longer forced to offer their loved ones' houses for
sale to the State of New Jersey before they inherited them. It still remains
illegal to subdivide property amongst heirs unless there is more than 88 acres
per person if it has woods, or 25 acres if it is open fields. Township
officials still have no say over zoning in the preservation area, although they
will get a five year abatement for property taxes lost due to property
devaluations.
May 17
Highlands Bill was released from joint committee.
The large builders were now noticeably absent from the meetings. We would soon
find out why.
June 10,2004
Highlands Bill passes both houses of the NJ legislature.
June 17, 2004
Smart Growth bill passed 4 days after introduction.
Smart Growth means 5 or more houses per acre. To win support from
Republicans, Assembly Democrats went so far as to promise a new copy machine,
additional staff and the posting of certain bills. Municipalities who sign
onto Smart Growth get $250,000 per development and $25,000 per unit.
August 10, 2004
Governor McGreevey signed the 151 page Highlands
Act into law, and any construction that was not fully approved was halted,
retroactive to March, leaving builders with millions invested in DEP studies
with a total loss and causing real estate contracts for sales not yet closed to
fall apart. One year later, property values in the preservation area fell by
80-90%.
April 5, 2005
Hundreds of people gathered at Grow Rite
Greenhouses to hear presentations and discuss the adverse impacts of the law.
Some attendees of this meeting went on to meet regularly thereafter and formed
a non-profit company called Highlands Conservation Association to get back the
rights and the billions of dollars of equity lost as a result of the
legislation.
May 9, 2005
The DEP issued 241 pages of regulations for
property owners in the Highlands Preservations Area. Permits to improve or
build on a property now require studies for wetlands, woodlands, potential
endangered species habitat, soils, scenic value and potential historic value.
These studies cost an average of $60,000 - $80,000 for just one house and the
permit will still most likely be denied.
December 15, 2005
The DEP issued another 367 pages for public comment for
permanent regulations that will go into effect in May 2006.
They are more
stringent than the prior regulations and include such things as putting your
property up for sale at 90% of its old value before obtaining approval to put
in a driveway that comes within 300 feet of any kind of water, even seasonal
streams and puddles. Fines were increased to a maximum of $25,000 per day for
violations. Violations still include such things as cutting firewood or
removing plant matter without proper approvals. Permits are required to put up
things like bluebird nesting boxes.