August 26, 2011 - NJBA Dimensions - The concept of Highlands Preservation Area “development” under the Highlands Water Protection and Planning Act (“Act”) is essentially an oxymoron. Given the severe curtailment of development opportunities in the Highlands Region, the Act’s limited exemption provision is a critical provision for those seeking to pursue development in the Preservation Area. The New Jersey Department of Environmental Protection (“DEP”) has often narrowly applied the so-called “grandfather exemption” of the Act. Fortunately, the Appellate Division in a decision entitled...
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|Tags: Steven M. Dalton, Environmental|
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