By Carly M. Clinton, Esq.

The Highlands Council voted in April to restrict warehouses in certain locations and establish new policy standards for warehouse facilities in the Highlands region. The Highlands region covers 88 municipalities in Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren counties.

Due to its desirable location and proximity to major highways, there has been an increase in warehouses in the Highlands Region. In response, the Highlands Council sets forth “no go” areas where warehousing is prohibited and outlines the areas best suited to support future warehouses. The Highlands Council seeks to preserve the precious environmental resources of the region, the most substantial being the source of a large percentage of the state’s drinking water. The new policy bans warehouses in specific areas, including the Highlands Preservation Area, Protection Zone, and the Conservation Zone, all of which contain natural resources, farmlands, and woodlands. The policy permits the possibility of warehouse construction in designated Highlands Centers, redevelopment areas, and existing community zones, which are all areas designed for economic activity and contain fewer environmental constraints.

The policy also sets forth specific standards for a municipality to consider when reviewing a site plan in an area where warehouse facilities are permitted. The new standards consider the proximity and access to transportation, watershed impervious coverage, and location of water and sewer infrastructure. 

Proximity and Access to Transportation 

The Highlands Council encourages an examination of the existing transportation network and proximity to major highways to support the shipping needs of the proposed facility. The Highlands Council establishes standards in which large facilities (500,000 square feet or above) must be located within three miles of an interstate highway exchange if they are located on a state highway. That distance shortens to a mile if they are located on a county road. Local roads are preserved only to serve small warehouses 1,500 square feet in size. 

Watershed Impervious Coverage 

Impervious coverage is considered one of the most crucial factors related to increased stormwater runoff. The Highlands Council encourages projects to minimize impervious coverage and incorporate all available stormwater management strategies to maximize groundwater protection.

Identifying Appropriate Sites

The Highlands Council encourages warehouses to be placed in areas where water and sewer services have sufficient capacity and are available to meet the demands associated with the type of facility proposed. 

These recent policy standards from the Highlands Council will have a significant impact on future warehouse developments in the region. A careful analysis of the policy standards is highly recommended in connection with a future development plan. 

For more information, contact Carly M. Clinton at cmc@spsk.com or at (973) 798-4961.