Posts Tagged ‘Article 14’

Monday, July 6, 2020

DEC involvement in NYCO Amendment raises questions about public benefit

This is the last article in a 5-part series on possible amendments in 2020 to Article 14, Section 1, of the NYS Constitution, the famed forever wild provision.

This article looks back at the amendment for NYCO Minerals, Inc., in 2013, that authorized exploratory drilling on 200 acres in Lewis Lot 8 in the Forest Preserve in the Jay Mountain Wilderness. This amendment was barely approved, passing by the narrowest margin of any successful Article 14 amendment. The NYCO Amendment was different from all other amendments to Article 14 because it marked the first time that a private corporation used the amendment process to seek and obtain Forest Preserve lands for no other purpose than benefitting its bottom line. Every other amendment had a public benefit and purpose. The NYCO Amendment did not.

» Continue Reading.


Saturday, July 4, 2020

Weekend read: Constitutional amendments

Happy Independence Day!

Article 14, Section 1 — the “Forever Wild” clause of New York’s constitution — has been amended 16 times since 1938, and talks have been under way about three new amendments that could be put before voters.

In the Almanack, Peter Bauer, Executive Director of Protect the Adirondacks, has been working on a five-part series about these proposed amendments.

» Continue Reading.


Thursday, July 2, 2020

Cathead Mountain Amendment Would be Complicated and Difficult

This is the fourth article in a series that looks at three possible NYS constitutional amendments to Article 14, Section 1 (the “Forever Wild” clause) that are being debated in 2020. This article looks at the issue of utilizing Forest Preserve lands around Cathead Mountain, in the south edge of the Silver Lake Wilderness area, to locate a new emergency communications tower, similar to such towers on Blue Mountain and East Mountain.

» Continue Reading.


Monday, June 29, 2020

Amendment needed to transfer state ownership of Camp Gabriels

Protect the Adirondacks has reviewed the options for the future of the Camp Gabriels complex, a former state prison in the Town of Brighton in Franklin County in the northern Adirondack Park. The site is located between Saranac Lake and Paul Smith’s just outside of Gabriels. The land that the prison complex was built upon is Forest Preserve, protected under NYS Constitution Article 14, Section 1. The prison complex was part of a state purchase in 1982 of over 224 acres. This facility has been dormant since 2009 when the state closed the prison camp.

» Continue Reading.


Monday, June 22, 2020

The paths to Past and Present Constitutional Changes to the Forest Preserve

Editor’s note: This is Part 1 in a five-part series that will run over the next few weeks.

Article 14, Section 1, of the New York Constitution, the famed “Forever Wild” provision, has been amended 16 times since 1938. It has been amended five times since 2007, making this period the most active and intensive in Forest Preserve history for amendments.

Several Article 14, Section 1 proposed amendments are being drafted and organized by the Department of Environmental Conservation and Cuomo Administration that focus on bringing the Mt. Van Hoevenberg Winter Sports Complex (pictured here) into compliance with Article 14, removing the former Camp Gabriels prison complex from the Forest Preserve, and for locating an emergency communications tower on, and possibly providing public access, to Cathead Mountain in southern Hamilton County, which would involve neighboring Forest Preserve.

» Continue Reading.


Tuesday, September 3, 2019

Forever Wild And The Word “Timber”

Protect the Adirondacks recently won a major victory in its lawsuit to enforce Article 14, Section 1 of the state Constitution, the well-known forever wild clause. The case challenged the excessive tree cutting undertaken by state agencies to build a vast network of Class II Community Connector snowmobile trails in the Adirondack Forest Preserve.

The case began in 2013 and this result has been six years in the making. Previously, the Appellate Division, Third Department, of the state Supreme Court had issued a preliminary injunction against this tree cutting in 2016 after the Department of Environmental Conservation (DEC) and Adirondack Park Agency (APA) had constructed or roughed out over 20 miles of new trails.

» Continue Reading.


Monday, August 26, 2019

The Roots Of The Conflict Over Snowmobile Connectors

In order to cut a lot more trees on the Forest Preserve for new snowmobile corridors, Governor Andrew Cuomo’s Department of Environmental Conservation and the Attorney General’s Office have announced that they will appeal July’s court ruling against the State and in favor of Protect the Adirondacks.

That ruling by a 4-1 court majority declared that the extent of tree cutting for snowmobile trail construction, when considered cumulatively, violated our state’s constitutional limit on destruction of timber on the Forest Preserve “to a material degree” (Article XIV, Section 1, NYS Constitution, and court interpretations). » Continue Reading.


Monday, August 19, 2019

NYS, Protect Both Appealing Forest Preserve Decision

A typical view on a class II community connector trail where 1000 trees a mile are destroyed by state agencies provided by ProtectAdirondack Forest Preserve advocates Protect the Adirondacks announced Monday that they plan to appeal one of the July 3rd rulings by the Appellate Division, Third Department, in its lawsuit challenging the tree cutting and terrain alterations for snowmobile trails on the Forest Preserve by state agencies. The State announced last week that it also planned to appeal part of the ruling.

The court issued a mixed decision in July. It ruled that the cutting of over 25,000 trees on the Forest Preserve for wide class II community connector snowmobile trails violated Article 14, Section 1, of the NYS Constitution. At the same time however, the court ruled that the construction practices used to clear, bulldoze and grade these trails did not violate the famous forever wild provision of Article 14.

The New York State Constitution’s Article 14 protects the Adirondack Forest Preserve as “forever wild.” Adirondack Forest Preserve lands form the basis of the Adirondack Park. » Continue Reading.


Monday, July 29, 2019

Forever Wild, ORDA and Adirondack Legal History

There are more than three million acres of Forest Preserve in the Adirondack and Catskill Parks today. Yet, the most consequential New York State Court decision restricting the ways we can develop and use the “forever wild” Preserve was all about a few acres of land below Mt. Van Hoevenberg, close to Lake Placid.

There, in 1929, the state planned a “bobsleigh run or slide on state lands in the forest preserve.” About 2500 trees would need cutting to create the bobsled course for the 1932 Olympics. The lower court, the Appellate Division, Third Department, ruled that this activity was unconstitutional on grounds that this was wild forest and therefore must be preserved in its wild state, stating that “we must preserve it in its wild nature, its trees, its rocks, its streams. It must always retain the character of a wilderness.” » Continue Reading.


Thursday, July 4, 2019

State Tree Cutting on Forest Preserve Ruled Unconstitutional

A typical view on a class II community connector trail where 1000 trees a mile are destroyed by state agencies provided by ProtectThe Appellate Division, Third Department, ruled Wednesday that state tree cutting to build a network of wide class II community connector snowmobile trails in the Adirondack Forest Preserve violated Article XIV, Section 1 of the State Constitution. The Appellate Division, Third Department, reversed a lower court ruling issued in 2017.

Protect the Adirondacks had challenged the constitutionality of cutting more than 25,000 trees to build over 27 miles of new snowmobile trails in the Forest Preserve. The lawsuit was started in 2013, injunctions against further tree cutting were ordered in 2016, and a bench trial was held at State Supreme Court in 2017. » Continue Reading.


Wednesday, March 13, 2019

Bauer: ORDA Should Not Play Games With Article XIV

Mt Van Hoevenberg Recreation AreaIt’s not every day that one gets to see a well-worn aphorism ring true. The philosopher George Santayana wrote, “Those who cannot remember the past are condemned to repeat it.”  In the Adirondacks this is now playing out at the Mt. Van Hoevenberg Recreation Area.

The Olympic Regional Development Authority (ORDA) manages this area for a variety of winter Olympic sports – cross-country skiing, biathlon, bobsled, and luge, among others. It’s also a popular cross-country ski area for the public, and starting in 2018 it became the staging area for a new trail to Cascade Mountain, where the public can start hiking in a safe parking area. The facility is located partly on land owned by the Town of North Elba Park District and partly on the State Forest Preserve. The Forest Preserve lands are protected as forever wild by Article XIV of the State Constitution. » Continue Reading.


Thursday, March 7, 2019

Dave Gibson: E-Bikes Are Not For The Forest Preserve

bicycling on a Wild Forest corridor near the Cedar RiverJack Drury’s recent essay promoting the use of E-bikes opens with the challenge facing an older but reasonably well conditioned body attempting to keep up with younger bicycle riders.

Jack articulates well what many of us baby boomers are feeling as we take up a ski, paddle, hike, or bike with younger friends and colleagues. We think we are reasonably fit, but how to keep up? Especially, as Jack wondered, on the uphill sections? » Continue Reading.


Wednesday, November 28, 2018

Adirondack Wild: End Threat of Jay Mtn Wilderness Mining

adirondack wild

Adirondack Wild: Friends of the Forest Preserve says it will ask members of the New York State Legislature to impose a deadline for future mineral sampling and mining at Lot 8 in Lewis, a 200-acre portion of the NYS Forest Preserve’s Jay Mountain Wilderness.

The constitutional amendment allowing the mining company NYCO Minerals to collect mineral samples in advance of mining a portion of the Jay Mountain Wilderness, in exchange for land elsewhere, passed the NYS Legislature and was narrowly approved (53%-47%) by voters in 2013. » Continue Reading.


Sunday, January 21, 2018

Ingersoll: Don’t Neglect Adirondack Wild Forest

Moose Mountain overlooks the Wilcox Lake Wild Forest. Photo by Bill IngersollNews of a helicopter sightseeing tour operating out of Lake Placid spawned much discussion this past summer. Unlike a traditional scenic airplane flight high above the landscape, this business promised ridge-running flights at low altitudes above protected Wilderness Areas, as well as aerial safaris in which backcountry wildlife would be buzzed in their natural habitats — all for the thrill of a few paying customers.

This was scary enough for those of us who routinely visit the Forest Preserve for our weekly dose of wildness. But then in the September/October 2017 issue of the Adirondack Explorer, John Sheehan of the Adirondack Council suggested that in the Wild Forest areas, “it may be appropriate to fly in some places at lower heights” — with the stipulation that “some sensitive areas” should be avoided “as much as they can.” » Continue Reading.


Saturday, December 16, 2017

John Sheehan: Adirondack Land Bank Amendment Results

Article 14, Section 1 New York State Constitution Forever Wild clauseAdirondack Park local government officials and conservation organizations both spent a nervous few hours after the polls closed on Election Day this year, worrying that Proposal Three – the community health and safety land bank – would be defeated. It passed by a slim 52 percent to 47 percent margin (about 100,000 votes out of 3.1 million cast).

As Adirondackers from across the political spectrum look towards working together in 2018 and beyond, there are important lessons to learn from this close vote. The park’s continued success depends on our understanding the state’s voters. » Continue Reading.



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