Modifies method of calculating impervious surface percentage for municipal parks in Highland preservation area.

A1258

ASSEMBLY, No. 1258

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblywoman Fantasia, Assemblymen Auth, Webber and DiMaio

SYNOPSIS

���� Modifies method of calculating impervious surface
percentage for municipal parks in Highland preservation area.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the development of municipal parks in the
Highlands preservation area and amending P.L.2004, c.120.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 34 of P.L.2004,
c.120 (C.13:20-32) is amended to read as follows:

���� 34.� The Department of
Environmental Protection shall prepare rules and regulations establishing the
environmental standards for the preservation area upon which the regional
master plan adopted by the council and the Highlands permitting review program
administered by the department pursuant to
[
this
act
]

P.L.2004,
c.120 (C.13:20-1 et al.)
shall be based.� These rules and regulations shall
provide for at least the following:

���� a.���� a prohibition on major
Highlands development within 300 feet of any Highlands open waters, and the
establishment of a

300-foot buffer adjacent to all Highlands open waters; provided, however, that
this buffer shall not extend into the planning area.� For the purposes of this
subsection, major Highlands development does not include linear development for
infrastructure, utilities, and the rights-of-way therefor, provided that there
is no other feasible alternative, as determined by the department, for the
linear development outside of the buffer.� Structures or land uses in the
buffer existing on the date of enactment of
[
this
act
]

P.L.2004,
c.120 (C.13:20-1 et al.)
may remain, provided that the area of disturbance
shall not be increased.� This subsection shall not be construed to limit any
authority of the department to establish buffers of any size or any other
protections for category one waters designated by the department pursuant to
the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et
seq.), or any other law, or any rule or regulation adopted pursuant thereto,
for major Highlands development or for other development that does not qualify
as major Highlands development;

���� b.��� measures to ensure that
existing water quality shall be maintained, restored, or enhanced, as required
pursuant to the "Water Pollution Control Act," P.L.1977, c.74
(C.58:10A-1 et seq.) or the "Water Quality Planning Act," P.L.1977, c.75
(C.58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, in
all Highlands open waters and waters of the Highlands, and to provide that any
new or expanded point source discharge, except discharges from water supply
facilities, shall not degrade existing water quality.� In the case of water
supply facilities, all reasonable measures shall be taken to eliminate or
minimize water quality impacts;

���� c.���� notwithstanding the
provisions of section 23 of P.L.1987, c.156 (C.13:9B-23), or any rule or
regulation adopted pursuant thereto, to the contrary, the criteria for the type
of activity or activities eligible for the use of a general permit for any
portion of an activity located within a freshwater wetland or freshwater
wetland transition area located in the preservation area, provided that these
criteria are at least as protective as those provided in section 23 of
P.L.1987, c.156 (C.13:9B-23);

���� d.��� notwithstanding the
provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any
rule or regulation adopted pursuant thereto, to the contrary, a system for the
regulation of any diversion of more than 50,000 gallons per day, and multiple
diversions by the same or related entities for the same or related projects or
developments of more than 50,000 gallons per day, of waters of the Highlands
pursuant to the "Water Supply Management Act," P.L.1981, c.262
(C.58:1A-1 et seq.), and any permit issued pursuant thereto shall be based on
consideration of individual and cumulative impacts of multiple diversions,
maintenance of stream base flows, minimization of depletive use, maintenance of
existing water quality, and protection of ecological uses.� Any new or
increased diversion for nonpotable purposes that is more than 50
[
%
]

percent

consumptive shall require an equivalent reduction in water demand within the
same subdrainage area through such means as groundwater recharge of stormwater
or reuse.� Existing unused allocation or allocations used for nonpotable
purposes may be revoked by the department where measures to the maximum extent
practicable are not implemented to reduce demand.� All new or increased
diversions shall be required to implement water conservation measures to the
maximum extent practicable;

���� e.���� a septic system density
standard established at a level to prevent the degradation of water quality, or
to require the restoration of water quality, and to protect ecological uses
from individual, secondary, and cumulative impacts, in consideration of deep
aquifer recharge available for dilution;

���� f.���� a zero net fill
requirement for flood hazard areas pursuant to the "Flood Hazard Area
Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.);

���� g.��� the antidegradation
provisions of the surface water quality standards and the stormwater
regulations applicable to category one waters to be applied to Highlands open
waters;

���� h.��� a prohibition on
impervious surfaces of greater than three percent of the land area, except that
:

����
(1)
Highlands open
waters shall not be included in the calculation of that land area
[
, and
]

;

����
(2)
solar panels shall
not be included in any calculation of impervious surface;
and

����
(3) the total, summed area
of each of the municipal parks in a municipality shall be considered a single
lot, for the purposes of calculating the impervious surface percentage pursuant
to this subsection;

���� i.���� notwithstanding the
provisions of the "Safe Drinking Water Act," P.L.1977, c.224
(C.58:12A-1 et seq.), or any rule or regulation adopted pursuant thereto, to
the contrary, a limitation or prohibition on the construction of new public
water systems or the extension of existing public water systems to serve
development in the preservation area, except in the case of a demonstrated need
to protect public health and safety;

���� j.���� a prohibition on
development, except linear development for infrastructure, utilities, and the
rights-of-way therefor, provided that no other feasible alternative, as
determined by the department, exists for the linear development, on steep
slopes in the preservation area with a grade of 20
[
%
]

percent
or greater, and
standards for development on slopes in the preservation area exhibiting a grade
of between 10
[
%
]

percent

and 20
[
%
]

percent
.�
The standards shall assure that developments on slopes exhibiting a grade of
between 10
[
%
]

percent

and 20
[
%
]

percent

preserve and protect steep slopes from the negative consequences of development
on the site and the cumulative impact in the Highlands Region.� The standards
shall be developed to prevent soil erosion and sedimentation, protect water
quality, prevent stormwater runoff, protect threatened and endangered animal
and plant species sites and designated habitats, provide for minimal
practicable degradation of unique or irreplaceable land types, historical or
archeological areas, and existing scenic attributes at the site and within the
surrounding area, protect upland forest, and restrict impervious surface; and
shall take into consideration differing soil types, soil erodability,
topography, hydrology, geology, and vegetation types; and

���� k.��� a prohibition on
development that disturbs upland forested areas, in order to prevent soil
erosion and sedimentation, protect water quality, prevent stormwater runoff,
and protect threatened and endangered animal and plant species sites and
designated habitats; and standards to protect upland forested areas that
require all appropriate measures be taken to avoid impacts or disturbance to
upland forested areas, and where avoidance is not possible that all appropriate
measures have been taken to minimize and mitigate impacts to upland forested
areas and to prevent soil erosion and sedimentation, protect water quality,
prevent stormwater runoff, and protect threatened and endangered animal and
plant species sites and designated habitats.

(cf: P.L.2010, c.4, s.7)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill would allow
municipalities to use the total, summed area of each of their municipal parks
as a single lot, for the purposes of complying with the impervious surface
restrictions of the "Highlands Water Protection and Planning Act," P.L.2004,
c.120 (C.13:20-1 et seq.).� Current law prohibits placing impervious surfaces
on more than three percent of any lot in the Highlands preservation area.�
Under this bill, a municipality would be permitted to place impervious surfaces
on greater than three percent of one municipal park, provided that the total
area of impervious surface in all of the municipal parks in that municipality
does not exceed three percent of the total area of the parks.