Title  Lawmakers: Highlands Plan Flawed
© Daily Record
By Rob Jennings
April 16, 2004

Six Republican state lawmakers from Morris and Sussex counties slammed legislation that would sharply curtail Highlands development as too expensive, an affront to home rule and fatally flawed, in sharp contrast to Gov. James E. McGreevey's support for the measure.

"No one has a clue about what the property tax implications are going to be," said Assemblyman Richard Merkt, R-Mendham Township.

Merkt, along with fellow Assembly members Alex DeCroce, R-Parsippany, Guy W. Gregg, R-Washington Township, Michael Patrick Carroll, R-Morris Township, and Joseph Pennacchio, R-Montville, met Thursday with the Daily Record editorial board to talk about the Highlands Water Protection and Planning Act.

The legislators said the act would result in higher property taxes and limit rebuilding options for homeowners in an 800,000-acre region that covers much of Morris County.

State Sen. Anthony Bucco, R-Boonton, who participated via telephone, said emails from constituents were overwhelmingly against the legislation. The bill is backed by the Democratic majority in the state Legislature but also lists state Sen. Robert Martin, R-Morris Plains, as a co-sponsor.

Martin could not be reached for comment.

Under the bill, a 15-member state regional planning council would be empowered to block large-scale construction proposals in a "core" Highlands region of approximately 350,000 acres. The governor would appoint all members but must name a minimum of eight elected officials from the Highlands region.

"You have to measure what we're going to give up versus what we are going to get," said Merkt in arguing that municipalities are already doing a good job in limiting development and protecting environmentally sensitive land.

McGreevey's spokesman, Micah Rasmussen, said afterward that the legislation is needed and defended the governor's decision to expedite the bill's approval process only a month after the Highlands Task Force prepared its recommendations.

Committees in the Senate and Assembly are expected to approve the measure next week but it was unclear when a vote by the full Legislature would be taken.

"I understand those who say we need more time, but that is exactly the rallying cry that left us unprotected. We're out of time," Rasmussen said.

McGreevey has said that the Highlands Region is being developed at the rate of 5,000 acres per year. The 1,000-square-mile region supplies drinking water to more than 4 million state residents.

It includes 90 municipalities in Morris, Sussex, Warren, Somerset, Hunterdon, Passaic and Bergen counties.

Gregg said that the bill would limit the rights of homeowners within the region to rebuild, for example, if there was a fire or other catastrophe. He speculated that a majority of people living within the area governed by the Pinelands Commission, which strictly limits development, would vote against the designation if they had the chance.

"We should protect our water supply. Everyone wants to do that. But should we have to jeopardize everyone within the Highlands to do that?" said DeCroce.

Rasmussen said the Highlands Water Protection and Planning Act, which is often compared to the Pinelands Commission, would benefit the entire region and disputed Gregg's assessment. The Pinelands consists of 1.1 million acres in the southern portion of the state.

"New Jersey is a better place, having gone through the experience of preserving the Pinelands. On balance, people living in the Pinelands will say it's been a good thing," Rasmussen said.

Officials will soon announce specifics of the core Highlands region. A U.S. Forest Service report on the Highlands indicated that the core area might include parts of Washington Township, Mount Olive, Boonton Township, Jefferson, Kinnelon, Rockaway Township, the Chesters and Roxbury.

The specifics are the source of much speculation. On Thursday, Bucco said that he hadn't seen the map but had heard that Lake Hopatcong was left off of it.

Rasmussen did not offer any specifics.

Carroll said the bill would give too much control to the governor, adding that he would feel the same way even if a Republican were in charge.

"You never give political power to your friends that you wouldn't be happy to give to your enemies as well," Carroll said.

"This governor is absolutely going to control the future of what goes on in our region," Merkt added.

Rasmussen said politics should not be part of the equation.

"This is a question of what are you willing to fight for. This is a question of values. It's a question of choices," Rasmussen said.

"The values that it is going to protect are open space and drinking water and way of life in the Highlands region," Rasmussen said.

The 15-member Highlands council would have a staff and spend 18 months preparing a regional master plan for the Highlands. The total cost is the source of some dispute.

Rasmussen said changes would be made if necessary but did not cite any potential funding mechanisms relating to a Highlands designation.

"This is something that we can continue to monitor and keep track of and refine and address," Rasmussen said.

Republican opponents of the bill acknowledged receiving campaign contributions from Realtors and builders but said that had no bearing on their viewpoints. Gregg noted that builders and Realtors also donate heavily to Democrats.

"I don't believe you could make the argument, based on the amount I've received, that I've been 'bought' on the issue," Merkt said.

Gregg said the bill should be extensively debated before a vote is held.

"If this is the vehicle, it needs a lot of work and it needs a lot of time," Gregg said. "We are not, in any way, manner or form, obstructionists. We better get this right, because this thing is going to affect 1.3 million people, in perpetuity."

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Rob Jennings can be reached at rjenning@gannett.com or (973) 989-0652. Copyright 2004 Daily Record.