New Jersey has three State-created regional planning areas. The Meadowlands, the Pinelands and now the Highlands, a recent intervention created by the Highlands Water Protection and Planning Act, adopted June 7 of 2004. One would think that this most recent addition to the state’s regional planning efforts would have learned from the successes and mistakes of the state’s earlier regional planning efforts. In spite of attempts in that direction by the Regional Plan Association and others, that is unfortunately not the case.

I think most planners had recognized for a long time that the New Jersey Highlands deserved special treatment and protection, as an area with special scenic qualities in addition to its critical role as a source of drinking water. The New Jersey State Planning Commission (SPC) certainly did, declaring it a “Special Resource Area” in the 2001 State Development and Redevelopment Plan, a step taken only after intensive public consultation. While this was a symbolic action, it indicated the SPC considered the Highlands important enough to single it out for special treatment.

The intention, however, was always to create a framework that while ensuring protection of the important natural and landscape resources, also allowed the region to evolve in positive ways to address its preexisting deficiencies. Had the SPC and its staff not been asleep at the wheel three years later, they would have lobbied hard to improve the proposed legislation prior to adoption.

The sad reality is that while the Highlands Act contains the word “planning,” no meaningful planning input was sought and no meaningful planning thought found its way into this bill. The Highlands Act was written by legislators and regulators with no knowledge or interest in planning. And it shows.

The Act applies to a vast area: 1,250 square miles in 88 municipalities in seven counties. It creates a framework that distinguishes between a misleadingly labeled “planning area”, where some change is allowed, and a “conservation area”, where change is not allowed. The Act effectively negates the principles of the State Plan, which seeks to reestablish balance everywhere, and instead has thrown an icy regulatory blanket over a significant portion of New Jersey. If this area were predominantly undeveloped and unpopulated, we could understand this. But it is not. It contains hamlets, villages and towns, schools, hospitals, industries and all the trappings of a long tradition of human occupation. This history now runs the risk of being obliterated. The Highlands Act did not simply raise the bar in terms of environmental standards for new development and redevelopment, which we would all support. Instead it absolutely negates change. And it ignores what is already on the ground.

In many ways, the Highlands Act is the antithesis of planning, and the inclusion of the word planning in its title is misleading and profoundly insulting.

By preventing land use changes or making them impossibly difficult, the Highlands Act freezes in place all the mistakes and imbalances of the past. Not enough affordable housing? Tough! Not enough jobs? Too bad! Poorly designed road network? Sorry! A successful business needs to grow? We don’t think so!

The Highlands Council – the body with the unenviable mission of implementing the Act – is working on a remarkably murky “regional master plan.” According to its website, it employs a grand total of three planners – for 1,250 square miles. We feel for them. In the mean time, some dark corner of NJDEP has taken on the trappings of a super zoning board, adjudicating whether homeowners in the regulated areas can add decks to their back yards.

Some homeowners, businesses and elected officials in the affected areas have protested, so far to no avail. On the other hand, other elected officials are delighted: the Highlands Act provides them with a perfect cover to deny any change whatsoever in their communities. They can go on a permanent sabbatical, with a clear conscience that nothing will change.

The planning profession has not said a word.

As always, I welcome your thoughts. Please contact me at pres@njapa.org.

The President’s Corner reflects the President’s opinion and not necessarily that of the NJAPA Executive Committee or NJAPA membership.