The Highlands Council is seeking public comment, on or before July 3, 2009, on four draft conservation restrictions developed for the Highlands Transfer of Development Rights (TDR) Program.

Under the Highlands TDR Program, a sending zone property owner must record a conservation restriction on his or her property before the property owner receives marketable Highlands Development Credits. This requirement is consistent with the State TDR Act which mandates that, when development potential is being separated from a parcel, the encumbrance on the parcel and the remaining uses that are permitted must be attached to and recorded with the parcel's deed (N.J.S.A. 40:55D-147). This instrument must also state that any activity inconsistent with its conditions and restrictions is expressly prohibited and that all conditions and restrictions run with the land and are binding upon the landowner and any successor in interest.

In response to comments received during the public review period on the first draft, the Highlands Council has prepared four separate draft conservation restrictions:

1. Ag With Exemption: Properties currently involved in agricultural production where the owner is retaining an applicable single family dwelling exemption under the Highlands Act
2. Non-Ag With Exemption: Properties not currently involved in agricultural production where the owner is retaining an applicable single family dwelling exemption under the Highlands Act
3. Ag With Bonus: Properties currently involved in agricultural production where the owner is foregoing an applicable single family dwelling exemption under the Highlands Act
4. Non-Ag With Bonus: Properties not currently involved in agricultural production where the owner is foregoing an applicable single family dwelling exemption under the Highlands Act

Explanation of the four draft conservation restrictions.

The Highlands Council is soliciting informal public comment on the four draft conservation restrictions on or before July 3, 2009. Please note that these draft documents do not constitute proposals of rules or procedures by the Highlands Council. Comments may be submitted to Jeffrey P. LeJava, Esq., TDR Program Administrator by email at jeff.lejava@highlands.state.nj.us or by mail at NJ Highlands Council, 100 North Road (Route 513), Chester, NJ 07930.