The New Jersey Highlands Act: What It Means for Your Land
The New Jersey Highlands Act limits development in about 398,000 acres of northwest New Jersey called the Highlands Preservation Area. There, NJDEP regulates "major Highlands development," which for homes generally means disturbing one acre or more of land or adding a quarter acre or more of impervious surface, unless an exemption applies. In the larger Planning Area, NJDEP’s Highlands rules do not apply directly, and each town decides whether to follow the regional plan. So the first question for any landowner is simple: which area is your land in?
Here is how the rules work, the exemptions that matter most to owners, and what the Highlands Act means when you sell.
This is general information, not legal advice. NJDEP, the Highlands Council and your attorney can confirm how the rules apply to your parcel.
Where is the New Jersey Highlands region?
The Highlands region covers more than 800,000 acres in parts of seven counties: Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex and Warren, according to NJDEP. The Highlands Act, passed in 2004, split the region in two:
| Preservation Area | Planning Area | |
|---|---|---|
| Size | About 398,000 acres | The rest of the region |
| Who regulates development | NJDEP, under the Highlands rules | Mainly the town, under local zoning |
| Key question | Is the project "major Highlands development"? | Has the town conformed to the Highlands Regional Master Plan? |
The NJ Highlands Council oversees the regional plan across 88 municipalities. Its online interactive map is the quickest way to see which area your land is in.
What counts as "major Highlands development"?
NJDEP’s Highlands program applies only to major Highlands development in the Preservation Area. For a landowner, the most important parts of the definition are:
- Any non-residential development in the Preservation Area.
- Residential development that needs an NJDEP environmental land use or water permit, or that results in the ultimate disturbance of one acre or more of land, or a cumulative increase in impervious surface of a quarter acre or more.
- Clearing that disturbs a quarter acre or more of forest, even without building.
Farming is not major Highlands development. If a project does count as major Highlands development and no exemption applies, it needs a Highlands Preservation Area Approval (HPAA) from NJDEP before any work starts. That does not mean a project is impossible. It means it goes through a state review.
Which exemptions matter most to landowners?
The Highlands Act lists 17 exemptions. Two matter most to people who own land:
- Your own home on a lot you already owned. You can build a single-family home for your own use, or an immediate family member’s, on a lot you owned on August 10, 2004 (or had a binding contract to buy by May 17, 2004).
- One house on a lot that existed in 2004. A single-family home can be built on a lot that existed on August 10, 2004, as long as the project stays under one acre of ultimate disturbance and under a quarter acre of new impervious surface. NJDEP requires the disturbance area to be shown on the site plan and a conservation restriction on the rest of the lot.
The trap: subdivided lots. If a lot was created by subdivision after August 10, 2004, NJDEP looks at the original lot as it existed on that date. In NJDEP’s own example, a 20-acre lot split into ten 2-acre lots after 2004 is treated as one 20-acre tract, so the disturbance from all ten homes is added together. A buyer who misses this can overpay badly, and a seller who knows it can price the land honestly.
When it is unclear whether a project is exempt, NJDEP issues a Highlands Applicability Determination (HAD). Many towns ask for one before issuing local permits.
What does the Highlands Act mean when you sell your land?
It depends on the area and the lot’s history.
- Preservation Area, lot existing in 2004: one home within the disturbance limits is often possible, so the land usually sells as a single building lot, not a subdivision.
- Preservation Area, larger tract: a subdivision for several homes would usually be major Highlands development and need an HPAA, which adds time, cost and uncertainty that any buyer prices in.
- Planning Area: NJDEP’s Highlands rules do not apply directly. The town’s zoning and whether it has conformed to the Regional Master Plan carry the most weight, along with wetlands, septic and other state rules.
Exemptions also do not cancel other rules. Wetlands, flood and septic requirements still apply, so check those too. Our guide to selling land with wetlands, Pinelands, Highlands or CAFRA limits covers the overlap.
Own land in the Highlands?
Send the block and lot. An Acquisitions Manager calls for 15 minutes, then you get a written, formula-based offer within 48-72 hours. No fees or commissions.
Highlands land by county
Each Highlands county works a little differently. Our county guides cover the local picture: Hunterdon, Morris, Somerset, Sussex and Warren.
How BayfordBridge looks at Highlands land
We are a direct buyer and residential developer based in Red Bank, with 30+ years of family land-development experience. We read the lot’s 2004 history, the Preservation or Planning Area line and the town’s conformance status before we price anything, and we give an honest number even when the answer is "one home, not ten." We do not buy parcels dominated by wetlands, preserved farmland or Green Acres land.
Want to know what your Highlands land is worth? Tell us about your parcel. An Acquisitions Manager calls you for 15 minutes, and you get a written, formula-based offer within 48 to 72 hours. Or call (732) 852-9571.
Frequently asked questions
What is the Highlands Preservation Area in New Jersey?
It is about 398,000 acres of the Highlands region where NJDEP regulates major Highlands development under the Highlands Act. The rest of the region is the Planning Area.
Can I build a house in the NJ Highlands Preservation Area?
Often, yes. You can build a home for your own use on a lot you owned on August 10, 2004, and a single-family home can be built on a lot that existed then if disturbance stays under one acre and new impervious surface under a quarter acre.
Do the Highlands rules apply in the Planning Area?
NJDEP’s Highlands program applies only to major Highlands development in the Preservation Area. In the Planning Area, the town’s zoning and its conformance with the Regional Master Plan matter most.
What is a Highlands Applicability Determination?
A HAD is NJDEP’s written decision on whether a project is exempt from the Highlands Act or is major Highlands development that needs a Highlands Preservation Area Approval.
Can I still sell land in the Highlands?
Yes. The Highlands Act changes what can be built, which affects price, but buyers who understand the rules can still make fair offers, especially on lots that existed in 2004.
Sources checked
Checked on October 20, 2026.
- NJDEP, Highlands: region of more than 800,000 acres in seven counties; about 398,000-acre Preservation Area; definition of major Highlands development; the 17 exemptions including the August 10, 2004 lot rules; subdivision example; HAD and HPAA; program applies only in the Preservation Area.
- NJ Highlands Council, About: oversees the Regional Master Plan across 88 municipalities in seven counties.
About the authors
Chris Muldoon, MBA
COO & Director of Acquisitions
Chris Muldoon is COO and Director of Acquisitions at BayfordBridge, a New Jersey land acquisition and entitlement company based in Red Bank. He leads the team that evaluates and makes offers on land across the state.
Mitchel Rubinstein, MBA
CEO & Founder
Mitchel Rubinstein is CEO and Founder of BayfordBridge, with roots in the family’s 30+ year residential development business.
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