Wednesday, June 4, 2008

Environmentalists Sue Over Floatplane Use

Received from the Adirondack Mountain Club and forwarded for your information, the following press release:

ALBANY, N.Y. — The Adirondack Mountain Club (ADK), the Association for the Protection of the Adirondacks, the Sierra Club and the Residents’ Committee to Protect the Adirondacks filed a lawsuit in state Supreme Court in Albany on May 29. The suit asks the court to compel the state Department of Environmental Conservation to ban floatplanes on Lows Lake in the Adirondack Park.

The lawsuit was filed because DEC has failed to abide by legal commitments it made in 2003 to eliminate floatplanes on the wilderness lake. In January of that year, the DEC commissioner signed a unit management plan (UMP) for the area that committed DEC to phasing out floatplane use of Lows Lake over five years. The five-year window expired at the end of January, but DEC has not promulgated regulations to ban floatplanes. According to the Adirondack Park State Land Master Plan, which is part of the state Executive Law, “preservation of the wild character of this canoe route without motorboat or airplane usage … is the primary management goal for this primitive area.”

“Lows Lake is a true wilderness within the ‘forever wild’ Forest Preserve,” said David H. Gibson, executive director of the Association for the Protection of the Adirondacks. “Eighty-five percent of its shoreline is bounded by designated wilderness. It is the true eastern border of the Five Ponds Wilderness Area. The public expects DEC to manage wilderness according to well established principles and legal guidelines, among which is the key provision that there shall be no public motorized use.”

“We take this action reluctantly and only after extensive discussions with DEC at the highest levels,” said Roger F. Downs, conservation associate for the Sierra Club Atlantic Chapter. “From the moment these lands and waters were acquired for the public in 1985, the state’s verbal and written intent was to treat this body of water as wilderness and to close Lows Lake to all public motorized use. Finally, in 2003, DEC committed in the UMP to doing just that over the ensuing five years, providing floatplane operators with a long time to adjust their business plans. Five years constitutes a very generous and lengthy public notice. We act today because DEC has failed to follow through on a very public commitment advertised far in advance and involving extensive public involvement and debate.”

At 3,122 acres, Lows Lake, which straddles the St. Lawrence-Hamilton county line, is one of the larger lakes in the Adirondack Park. The lake stretches about 10 miles east to west and is the centerpiece of a roughly 20-milelong wilderness canoe route. Floatplanes were rare on Lows Lake until recently. Sometime before 1990, non-native bass were illegally introduced into the lake, and as public awareness of the bass fishery grew, floatplanes and motorboat use increased. Motorboats, except those for personal use by the few private landowners on the lake, are now prohibited on Lows Lake.

A recent analysis by the Residents’ Committee shows that only 10 of the 100 largest lakes and ponds in the Adirondacks are “motorless,” and three of these are in remote areas that are not easily accessible. The vast majority of lakes and ponds in the Adirondacks are overrun with floatplanes, motorboats and personal watercraft.

“Motorboats have already been prohibited on Lows Lake, making this decision by DEC inconsistent as well as illegal,” said Michael P. Washburn, executive director of the Residents’ Committee. “The park should be the place where people know they can find wilderness. That will only happen if New York state follows its own laws.”

DEC’s proposed permit system would limit flights into the lake and allow DEC to designate specific areas for take offs and landings, but the plan creates a number of problems. For one thing, floatplane operators would be allowed to store canoes for use by their clients on Forest Preserve land designated as wilderness, an inappropriate and unconstitutional commercial use of public land. Floatplanes would also have to beach on the wilderness shore to drop off and pick up clients at the canoe storage sites.

During the peak paddling season, July through September, floatplanes would be prohibited from landing on and taking off from Lows Lake on Fridays and Saturdays and on Sundays before 2 p.m. This would increase pressure on the area because visitors coming in by floatplane would have to camp for at least three nights on weekends during the busy season. Floatplane customers would also be coming in on Thursday, allowing them to quickly fill up camping sites before weekend paddlers have a chance to get there.

DEC attempts to justify the proposal by manipulating the results of a survey of paddlers who visited Lows Lake in 2007. Generally, the survey results do not support continued use of floatplanes on Lows Lake. For example, 68 percent of the paddlers surveyed said they believe it is inappropriate for floatplanes to use the lake and 85 percent said floatplanes diminished their wilderness experience. These figures are consistent with the hundreds of letters the state received in 2002 supporting a floatplane ban.

“Lows Lake provides a rare wilderness paddling experience, but that experience is greatly diminished by the intrusion of floatplanes,” said Neil F. Woodworth, executive director of ADK. “It’s frustrating, after a hard day canoeing or kayaking, to discover that your favorite campsite has already been grabbed by someone who can afford to hire a plane.”

The suit is returnable on July 11 in Albany. Attorney John W. Caffry of Caffry & Flower of Glens Falls is representing the coalition in the case.

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John Warren

John Warren has been exploring the woods and waters of the Adirondacks for almost 50 years. After a career as a print journalist and documentary television producer he founded Adirondack Almanack in 2005 and co-founded the geolocation services company Adirondack Atlas in 2015.

John remains active in traditional media. His Adirondack Outdoors Conditions Report can be heard Friday mornings across the region on the stations of North Country Public Radio and on 93.3 / 102.1 The Mix. Since 2008, John has been a media specialist on the staff of the New York State Writers Institute.

John is also a professional researcher and historian with a M.A. in Public History. He edits The New York History Blog and is the author of two books of regional history. As a Grant Consultant for the William G. Pomeroy Foundation, he has reviewed hundreds of historic roadside marker grant applications from around New York State for historical accuracy.




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