For proposed projects in the Preservation Area that constitute a major Highlands development, before construction may commence the project must receive approval from Department of Environmental Protection.  The requisite permit is known as a Highlands Preservation Area Approval or HPAA.  Certain development is exempt from the requirements of an HPAA, such as the construction of a single family dwelling on a lot existing as of August 10, 2004, for an individual's own use or the use of an immediate family member.  In total there are seventeen exemptions.  Additionally, the Highlands Act provides waivers from the requirements of an HPAA in certain specific instances, such as the redevelopment of a Highlands brownfield site.  The HPAA process, exemptions and waivers are discussed more fully at the link provided below.

The Highlands Council has the authority to review and approve certain capital projects as well as particular development projects in the Preservation Area.  The Highlands Council may review a capital project of a State entity or local government unit that involves the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more.  For review of municipal development approvals, where the municipality has revised its local master plan and development regulations to conform to the Regional Master Plan, the Highlands Council may review those development applications that provide for the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more.  For municipalities in the Preservation Area that fail to conform to the Regional Master Plan, the Highlands Council has the authority to review any development application.  The process for conducting these reviews is currently under development.  Please visit this webpage for updates on the Highlands Council’s process for conducting these reviews.

Department of Environmental Protection Permit Process