Open space and environment
The Highlands plan: should Bernards opt in?
Bernards is in the Highlands Planning Area, where a town may choose to conform its master plan to the regional Highlands plan; it has not. The township hosted a Highlands Council presentation on Sept. 23, 2026, and on Oct. 13 Committee members stated differing views, NJ Hills reported. No resolution has been introduced.
What happens next
No action is scheduled. A decision to seek conformance would be a Township Committee resolution at a public meeting, followed by a Highlands Council comment period and hearing.
What it is. The New Jersey Highlands Regional Master Plan sets environmental limits on development to protect water supplies in northern New Jersey. In its Preservation Area the rules apply by law; in the Planning Area a town may choose to conform its master plan and zoning. Bernards is in the Planning Area and is not a conforming municipality, as the township’s 2025 housing plan notes.
The 2025 debate. In early 2025, while the township set its affordable-housing obligation, several residents asked the Committee to join or explore the Highlands plan; eight speakers raised it at the March 25, 2025 meeting. The Committee’s January 2025 housing resolution reserved the right to adjust its position under the Highlands Act. NJ Hills reported that the Township Attorney advised that a prior settlement would prevent using the Highlands plan to reduce the obligation; the Committee accepted 198 units, 3-2.
The grant. The township’s 2025 audit lists a $15,000 Highlands Council grant for a “Plan Conformance Initial Assessment,” with $4,972.80 spent in 2025 and $15,000 spent in total. The record LocalWhy reviewed does not say whether an assessment report was completed.
2026. On Sept. 23, 2026 the township hosted a presentation by Ben Spinelli, executive director of the Highlands Council. On Oct. 13, NJ Hills reported, Committeeman Andrew McNally read a statement opposing an opt-in, Committeewoman Jennifer Asay thanked the mayor for the forum and pointed to planning grants, and Mayor Ana Duarte McCarthy said she supports an initial assessment of the effect of conformance. The minutes record those remarks only as committee reports. No resolution to seek conformance has been introduced.
What residents can do. Speak at public comment at Township Committee meetings. The explainer sets out the record. Corrections can be emailed to info@localwhy.org.
Timeline
- Resolved Committee commits to 24 rehabilitation units and seeks a Fourth Round obligation of 171Res. #2025-0107 accepted the state's present need of 24 and sought to lower its prospective-need estimate from 218 to 171, based on the township planner's land-capacity review, and authorized the court filing. It reserved the right to adjust its position under the Highlands Act.
- Milestone Township hosts a Highlands Council presentation on plan conformanceBen Spinelli, executive director of the New Jersey Highlands Water Protection and Planning Council, gave a township-sponsored presentation at the Municipal Building on what conforming to the Highlands Regional Master Plan would mean for Bernards.
- Pending Committee members state differing views on a Highlands opt-inNJ Hills reported that Committeeman McNally read a statement opposing an opt-in, Committeewoman Asay pointed to planning grants, and Mayor Duarte McCarthy said she supports an initial assessment of the effect of conformance. The item was not on the agenda and no action was taken.
Explainers
Documents
Meetings
Sources for this overview
- Res. #2025-0107 (reserves the township's position under the Highlands Act), Jan. 28, 2025
- Township Committee minutes, March 25, 2025 (public comment)
- 2025 audit (schedule of state awards: Highlands initial assessment grant)
- Township recording, Highlands Council presentation, Sept. 23, 2026
- Township Committee minutes, Oct. 13, 2026
- NJ Hills, Oct. 24, 2026: "'You really don't want to do this:' Highlands 'opt-in' option divides Bernards Township Committee"