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THE GARDEN STATE

Buying Land in New Jersey

New Jersey has two regional planning authorities covering enormous areas: the Pinelands Commission in the south and the Highlands Council in the northwest. Both restrict development substantially, and a parcel's designation within them determines whether it can be built on at all.

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Pinelands designation decides everything in the south

The Pinelands Comprehensive Management Plan divides the region into management areas with very different development capability. Preservation Area District and Forest Area designations are highly restrictive; Regional Growth Areas permit meaningful development.

A buyer must establish the designation before anything else. Acreage confers no building right in restrictive designations, and the Pinelands Development Credit programme exists precisely because development rights were removed from land where they cannot be exercised.

The Highlands preservation area

In the northwest, the Highlands Act created a preservation area with strict controls aimed at protecting water supply. Septic system density standards in the preservation area can require very large minimum acreages per dwelling, which functions as a de facto building restriction on many parcels.

Determine whether a parcel is in the preservation area or the planning area, and what the applicable septic density standard requires.

Farmland preservation

New Jersey has preserved a substantial acreage of farmland through development rights purchase, creating permanent restrictions. Preserved farms trade actively and at prices reflecting agricultural rather than development value.

Read the deed restriction. Terms vary on housing, subdivision and permitted agricultural activities.

What to verify

Pinelands or Highlands designation and what it permits. Farmland preservation status and restriction terms. Municipal zoning on top of the regional regime. Septic feasibility against the applicable density standard. The risk scorecard for the fundamentals.

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