WHEREAS, with lessons learned by the agricultural community in the Pinelands, the Highlands law included a significant exemption for agricultural and horticultural activities and related development in the preservation area; as such, agricultural development and activities in the preservation area are part of a separate process from the strict regulations that are imposed by the New Jersey Department of Environmental Protection upon major development in the preservation area; and

WHEREAS, the Department of Agriculture developed and adopted rules to implement the separate process for agricultural development and activities in the Highlands Preservation Area; and

WHEREAS, farmers in the preservation area of the Highlands are greatly concerned about how the strict regulations will impact the equity of their land; and

WHEREAS, land acquisition and land use tools such as transfer of development rights (TDR) are key strategies in the preservation area, and a dedicated funding source and the actual implementation of a viable TDR program remain as critical concerns; and

WHEREAS, in the short term, the State Agriculture Development Committee (SADC) directed that an additional $30 million in Garden State Preservation Trust funding for farmland preservation made available through a 2003 public question be used exclusively for the preservation of farms in the Highlands; and

WHEREAS, as of November 2008, the SADC had earmarked all of that special Highlands funding for specific projects; and

WHEREAS, efforts continue with regard to establishing a dedicated funding source for farmland preservation efforts in the Highlands region, and the Department continues to monitor and contribute to the framework and progress toward future implementation of the Highlands TDR program in order to maximize program success and provide equity protection for affected landowners; and

WHEREAS, in October, 2008 the Highlands Council appointed the Highlands Development Credit Bank Board of Directors, which includes public/farmer member Dale Davis from Chester.  It is anticipated that the first meeting of this newly appointed Board will take place in February 2009; and   

WHEREAS, the Department continues to provide support for the farmer member of the Council and is actively involved in the Highlands Regional Master Planning process, and continues to be an advocate for the agricultural industry in the Highlands region; and

WHEREAS, based on communication with the Highlands Council and its staff throughout the process, it has been the expectation that the regional master plan produced would yield a sustainable and balanced Plan – balanced in terms of environmental protection, economic viability and fairness to landowners -- yielding a plan that includes development, redevelopment and preservation; and

WHEREAS, the Highlands Protection and Planning Council released the first draft of the Regional Master Plan (RMP), Land Use Capability Map and Atlas on November 30, 2006, which set forth a framework for protecting the important resources of the Highlands region; and

WHEREAS, after a six-month comment period, six public hearings, 3,500 public comments, staffing changes, including the appointment of a new Executive Director and the hiring of an outside consultant, and numerous public meetings of the Highlands Council and its subcommittees, the final draft of the Highlands RMP was released on November 30, 2007; and

WHEREAS, the revised final draft RMP includes a more detailed mapping system called the LANDS model - delineating three zones – Protection, Conservation and Existing Community zones, and three environmentally-constrained sub-zones, and the revised RMP also includes more specific language regarding the use and limitations of clustering in the Agricultural Resource Areas, agricultural preservation priorities and identifies potential TDR receiving areas, including areas with redevelopment and infill potential; and 

WHEREAS, it is evident that a great deal of work went into the development of the draft final plan and LANDS model.  However, it was also clear that much more work and public discussions remain ahead; and

WHEREAS, comments on the draft final RMP were received through February 28, 2008 and three public hearings were held in February, 2008; and

WHEREAS, the Highlands Council continued to hold additional meetings from April 2008 through July 2008 and released revised sections of the final draft RMP for public review; and

WHEREAS, the Highlands Council adopted the draft final RMP on July 17, 2008 and submitted the minutes of that meeting to the Governor’s Office for approval; and

WHEREAS, many environmental organizations came out in opposition to the adopted RMP and urged the Governor to veto the Plan as they believed that it did not meet the most critical mandates of the Highlands Water Protection and Planning Act; and

WHEREAS, ultimately the Governor approved the Highlands Regional Master Plan on September 5, 2008 and signed Executive Order 114 that outlined additional measures regarding the Plan, including:

• The reauthorization of the Garden State Preservation Trust and consideration of a statewide TDR program to meet the agricultural preservation and open space needs of the Highlands region.
• A reasonable extension of the requirement for dual appraisals beyond the June 30, 2009 time period, set forth in the Highlands Act for agricultural preservation and open space acquisitions.
• $10 million dollars in funding to the Highlands Development Credit Bank from the State TDR Bank.
• The Highlands Council to work with COAH, the DEP and DCA to review the growth projections for consistency with the RMP and to create realistic opportunities for municipalities to address their actual growth share obligations.
• Clustering to be part of center-based, transit-oriented or mixed-use development or a development that is consistent with the state’s smart growth principles and municipally or regionally planned through Plan Conformance.
• The DEP to adopt and enforce strict standards for water mitigation projects, and ensure that no water allocation permits are issued for development projects or Water Quality Management Plan amendments approved within a HUC14 subwatershed that is in, or is anticipated to be in, a deficit of net water availability until a Municipal Water Use and Conservation Management Plan is approved by the Highlands Council and fully implemented; and

WHEREAS, Highlands Council staff has developed Plan Conformance Guidelines and Standards for each of the goals, policies and objectives of the Highlands RMP to assist municipalities with meeting the requirements of the Plan Conformance process, which was scheduled to begin in January 2009.

NOW, THEREFORE, BE IT RESOLVED, that we, the delegates to the 94^th State Agricultural Convention, assembled in Cherry Hill, New Jersey, on February 10, 2009, urge the Highlands Council and other appropriate officials that, as this planning process continues, they must ensure not only that we protect the natural, agricultural and cultural resources of our Highlands communities but that we do so in a way that is fair and equitable for our farm families and others who are affected in the region.

BE IT FURTHER RESOLVED, that we urge the Highlands Council and other appropriate officials to consider that the successful implementation of the RMP continues to require a number of critical components:

1. A sufficient, dedicated source of funding for land and easement acquisition in the Highlands region, separate and apart from whatever funding mechanism succeeds the Garden State Preservation Trust, to permanently protect these lands while compensating property owners.
2. A viable, private sector-driven TDR program that aids in preserving our important resources while promoting growth in appropriate areas, including the identification of receiving areas both within and outside of the Highlands region that support the Governor’s economic development initiatives and the goals of the State Development and Redevelopment Plan.
3. Funding for conservation planning to implement soil, water and natural resource conservation practices on our agricultural lands to ensure proper stewardship of these resources into the future.

BE IT FURTHER RESOLVED, that we direct the Department to continue to be engaged in all aspects of the Highlands RMP implementation process, continue to monitor the work of the Highlands Council and continue to be engaged in the effort to identify a dedicated source of funding for farmland preservation in the Highlands region.

BE IT FURTHER RESOLVED, that we strongly urge the Governor, Senate President and Assembly Speaker to consider the agricultural background, knowledge and/or experience of any new potential Highlands Council members, as well as their residency, to ensure that farmers in the preservation area – who are most directly affected by the RMP – have additional representation on the Council.

BE IT FURTHER RESOLVED, that we sincerely thank Kurt Alstede for his dedicated and tireless service on the Highlands Council representing agriculture’s interests on the Council.  His representation of the landowners in the Highlands has been vital to the survival of agriculture in this region.

BE IT FURTHER RESOLVED, that we urge the Governor to reappoint Mr. Alstede to the Highlands Council and strongly consider the appointment of Sam Race to the Council.