newjerseynewsroom.com

BY RICH NIEUWENHUIS

COMMENTARY

New Jersey Farm Bureau supports the Christie Administration review of the Highlands environmental protection program. Since the Highlands Council released its first draft Regional Master Plan (RMP) in 2006, this program has been extremely controversial and fraught with problems. Effective oversight of a program like this that affects the lives of thousands of local residents is critical to say the least. With this in mind, we were very encouraged to read the transition team's recommendations and reasonable call for an independent review of the program.

We have undertaken our own constant monitoring of the Highlands protection program since its inception. During this time, we have documented its numerous flaws beginning with the lack of a dedicated funding source for land preservation and landowner compensation. To make matters worse, the dual appraisal method has expired, leaving landowners unable to retain equity they held in the land prior to the Highlands Act if they wish to participate in farmland preservation. Thus, environmental regulations from the program dramatically reduced land values without any equitable compensation method in place for impacted landowners.

Additionally, the transfer of development rights program (TDR), announced by the Council five years ago, remains virtually inoperable. There are no receiving areas in place and statewide policy does not hold much hope either. At this point, a successful TDR program in the Highlands seems highly unlikely.

It is also important to note that there is no clear distinction between planning and preservation areas in the Highlands region contrary to legislative intent. While the Act intended for two distinct areas, strict policies in the RMP have turned planning areas into de-facto preservation areas. The original voluntary nature of the planning area has also been hijacked by a Highlands policy that incentivizes planning area towns to opt-in to RMP compliance through reduced affordable housing obligations. This policy effectively dis-incentivizes planned growth — since planning area towns that opt-in are subject to punishing environmental regulations.

Landowner rights in the Highlands protection area have also suffered from unsubstantiated septic density standards handed down by the Department of Environmental Protection (DEP). These flawed density standards lack adequate scientific support and have greatly reduced property uses for many Highlands landowners. This should be reviewed on the basis of available technology and reasonableness of environmental criteria employed. We are greatly encouraged by acting DEP Commissioner Robert Martin's decision last week to obtain a six-month delay in the legal challenge on the septic density rule to take "a fresh look" at the standard.

The Highlands Council's staff and consultants as well as the DEP staff were given excessive leeway when writing rules. Too often, they lose sight of the legislative intent of the Highlands Act and the purpose of the RMP during the rulemaking process. Once this language is in place, it becomes very difficult to pull it back and realign it with the legislative intent. The Highlands Council did very little to rein in DEP's Highlands regulations toward a more balance outcome.

It is also important to reiterate the transition team's finding that the Highlands Council lacks sufficient representation from those living in the Highlands and are therefore most impacted by Highlands regulations. The fact that the governor has exclusive appointment power has resulted in a situation where nearly half of the members of the council do not even live in the Highlands region. Local businesses and residents are underrepresented and powerless against regulations that directly impact them, a glaring deficiency of the Highlands environmental protection program. We also applaud the efforts of Sen. Mike Doherty and other legislators from the region to have the Legislature take corrective action.

On the basis of these systemic flaws, we strongly urge that Governor Christie take the findings of his transition team seriously. The first step in this process is an independent review by credible land use professionals of the Highlands protection program.

Since the previous governor was virtually absent from any participation and the Legislature has also not fulfilled its promises, let's bring on a brief yet comprehensive evaluation of the costs and benefits of the state's actions in the Highlands region.

Richard Nieuwenhuis is president of New Jersey Farm Bureau