Dear Mayor:

Not to be lost in the flurry of the passage of the State budget last week are two significant pieces of land use legislation that are now headed to the Governor's Desk.

I. Highlands Legislation, S-1/A-2635

On June 10, the Senate passed by a vote of 34-2 and the General Assembly passed by a vote of 69-10, S-1/A-2635, the "Highlands Water Protection and Planning Act." This legislation creates a council that will develop a regional plan to preserve land in the Highlands region and protect the water supply for approximately half the State. We expect the Governor to sign the bill shortly.

The League's membership in the region was split on the issue, so we never took a formal position. We did, however, actively advocate and negotiate amendments to the bill based on comments from our Highlands Committee and other comments from stakeholders in the region. Most importantly, the League achieved an amendment that removed a provision that would have required the Highlands Council to identify a potential receiving zone in every municipality in the "planning area." The original language created a bureaucratic process that contradicted the principles of home rule and sound planning. On our behalf, Senator Stephen Sweeney moved amendments modifying this provision and providing that the natural resource assessment was non-binding on municipalities in the planning area. We also commend Senator Bob Smith, Assemblyman John McKeon and DCA Commissioner Susan Bass-Levin for their sensitivity to the concerns of local governments. Please see our Dear Mayor letters of June 8, June 7, June 4 and May 26, all of which are posted on the League's website, for more information.

You may also be interested in knowing that the League is now reorganizing its Highlands Committee to monitor the development of State regulations for the region, the appointment of the Council and the development of the regional plan. Any Highlands municipal official interested in working with our committee should contact Mike Cerra at the number listed below.

II. Streamlining Permits, S-1368/A-3008

The following week, the Senate and Assembly approved S-1368/A-3008, which expedites the State permitting process. The bill was promoted as a smart growth tool to promote development in the right places. We also expect the Governor to sign this bill shortly.

S-1368/A-3008 was generally supported and promoted by the business and development communities. It was opposed by members of the environmental community.

In testimony, the League offered conceptual support for a streamlined process but requested amendments to provide for adequate notice to the host municipalities and clarification to the definition of "previously developed site", which we thought was too broad. The amendments included notification to the municipal and county clerks and the definition in question was lifted from the bill.

This legislation creates an expedited process for State permits in areas designated for growth (State Planning Areas 1 and 2, Urban Enterprise zones, etc.) It does not infringe on local zoning or prerogatives. It also creates in the Department of Community Affairs, a "Smart Growth Ombudsman" to review proposed State regulations for consistency with the State Plan.

S-1368/A-3008 is not directed at municipal government, but some municipalities may find the expedited process to be beneficial. Additionally, because of its limited impacts and the controls included in the bill, the League anticipates that important environmental objectives will not be adversely affected. This point was agreed upon by DEP Commissioner Brad Campbell in a June 25 Bergen Record op-ed.

For more background on this bill, please see our Dear Mayor letter of June 16. Questions on both these bill can be directed to Mike Cerra at (609) 695-3481 x20.

III. Stormwater Regulations--Programs

Dates have been set for three regional seminars, co-sponsored by the New Jersey League of Municipalities and the Department of Environmental Protection, during the month of July to discuss the Municipal Stormwater Regulation Program's permitting program and permit requirements. Topics covered will include: stormwater management in new development and redevelopment, public education, the stormwater pollution prevention plan and annual report, and the requirements for the control of improper disposal of waste, solids and floatable controls, and maintenance yard operations. More information on the municipal program can be found at www.njstormwater.org .

The dates and locations for the seminars are as follows:

Southern: Rowan University - July 13, Glassboro, NJ
Northern: Morris County Fire Fighters & Police Academy - July 20th, Parsippany, NJ
Central: Cook College - July 29, New Brunswick, NJ

Registration can be completed through Rutgers Cooperative Extension. A fee of $25 accompanies this registration, which includes program materials and lunch. Please see www.cookce.rutgers.edu for more information on how to register.