Posts Tagged ‘Article 14’

Thursday, November 7, 2013

Peter Bauer:
Reflections on the Vote to Sell 200 Acres of Forest Preserve

Article 14, Section 1 - croppedMuch is already being made about the great victory in passing Proposition 5 – the controversial Constitutional Amendment known as Proposition 5 that was approved by New Yorkers on November 5, 2013 to sell 200 acres of forever wild Forest Preserve in the Jay Mountain Wilderness to NYCO Minerals, Inc., a mining company that plans to incorporate it into its adjacent open pit mine.

I believe that some who are jubilant now will come to rue this day. If Forever Wild can’t be saved from the jaws of a mining company to be clearcut, blasted and mined, then when can it be saved? » Continue Reading.


Wednesday, October 16, 2013

Dave Gibson:
Land Sought For Mining Company Is Hardly Ordinary

This Sugar Maple on Lot 8 may be 175 years old or moreBill Ingersoll’s recent post about the November 5 vote on the NYCO Minerals-State Land Exchange (Proposition 5 on the upcoming ballot) makes good reading – as do the comments.

His interpretation, that the land exchange stripped-down to its essence represents a straight commercial transaction that lacks any public need or benefit, is one Adirondack Wild shares, but Bill made an especially articulate case.

One of the interesting comments to Bill’s post comes from my colleague Dan Plumley. Dan notes that the NYS Department of Environmental Conservation’s characterization of “Lot 8,” the 200-acre section of Jay Mountain Wilderness the company wants to mine for wollastonite, is plain wrong. Dan’s opinion is informed by observations he and I made during recent field visits to Lot 8. We were impressed by the forest environment there, which I will get to in a moment. » Continue Reading.


Sunday, September 22, 2013

Peter Bauer: Homage to the 1924 Sign Law

billboards-AAThe 1924 sign law that effectively banned billboards throughout the Adirondack Park shows how our forbearers were braver, wiser, and more prescient than we are today.

It was a bold decision that resulted, by some accounts, in the removal of over 1,400 billboards. In the Adirondack Park this law largely prevented an assault of rooftop and roadside billboards that dominate broad stretches of the U.S. – the cluttered strips of Anywhere USA. » Continue Reading.


Tuesday, September 10, 2013

A Founding Moment of the Adirondack Park:
The 1894 Constitutional Convention

Log sluice and stripped mountainside, near Elizabethtown, 1880s1894 had been a hot summer. 119 years ago this week the most important question before the Constitutional Convention of 1894 came to a head. What, if any, amendments to the State Constitution should be adopted for the preservation of the State forests?

The scene was the Assembly chamber in the Capitol at Albany, the date was Saturday, September 8, 1894, and the speaker was a New York City lawyer by the name of David McClure, the chairman of the convention’s five-man special committee on forest preservation. The topic was, according to the man with the gavel, Convention Chairman Joseph Choate, “further consideration of a general order relating to the forest preserves.” » Continue Reading.


Tuesday, August 13, 2013

Gibson: Make Protection, Preservation of New Lands Paramount

Essex ChainWhen the Adirondack Park Agency  was reviewing the Adirondack Club and Resort in 2011, board member Richard Booth encouraged APA staff to put all of the most important legal and other considerations from the hearing record on the table early in the review process. Avoid having Agency members get buried in minutia was his advice because it is easy for a board to get overwhelmed by a lot of presentation data, or to assume they know the most important factors and considerations when, in fact, they may not. » Continue Reading.


Tuesday, July 30, 2013

The Economic Value of Protected Land

Ashokan Reservoir, Catskill MountainsThe Catskill Park and Forest Preserve may be smaller in size than our Adirondack Park but, like Avis in relation to Hertz, Catskill residents may feel the need to try harder.

One senses some good energy in the Catskill Mountains these days, and interesting initiatives are underway there, including an attempt to quantify visitation to the Catskill’s protected public and private lands and waters, and resulting economic value added to the Catskill economy.

It would make sense if the same evaluation study method were applied to the Adirondack Park. » Continue Reading.


Wednesday, May 8, 2013

Commentary: NYCO’s Mining Amendment Is A Bad Idea

NYCO-Mines-APA-Map-2Legislation is pending in the State Legislature for “second passage” of a Constitutional Amendment to transfer 200 acres of Forest Preserve lands in the Jay Mountain Wilderness to NYCO Minerals, Inc. This legislation has strong support from North Country elected state representatives. The Governor supports it and the Department of Environmental Conservation (DEC) is taking an active role stalking for the bill.

There are two big problems with this effort. First, this land swap sets a terrible precedent for the “Forever Wild” Forest Preserve. Second, the bill is riddled with inaccuracies, outright falsehoods, and misstatements. » Continue Reading.


Monday, February 25, 2013

Why PROTECT Is Going To Court Over Connector Trail

MRP-Snowmobile-Trail-3Why PROTECT is suing the state over its policy, design and construction of new road-like snowmobile trails

Protect the Adirondacks has started a new lawsuit against the NYS Department of Environmental Conservation (DEC) and Adirondack Park Agency (APA) to challenge recent snowmobile policy and trail construction practices in the Adirondack Forest Preserve. » Continue Reading.


Wednesday, October 17, 2012

Pace Law School Profs Issue Forest Preserve Papers

At the Bar Association’s Environmental Law Conference in Lake Placid on October 13, Pace University Law School professors Nicholas Robinson and Philip Weinberg released twelve edited papers – eleven by their law school students – that review the history, and relevancy today of New York’s Article 14.

Effective since 1895 and known as the “Forever Wild” provision of our State Constitution which protects the State’s Forest Preserve in the Adirondack and Catskill Parks, Article 14 states that “the lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands.”
» Continue Reading.


Monday, October 1, 2012

Confusion Over Development Rights

At the Adirondack Park Agency (APA) monthly meeting in September, Fred Monroe of the Adirondack Park Local Government Review Board made some very confusing statements about transferable development rights, or TDR.

He expressed the notion that annually leased hunting and fishing cabins on the former Finch Pryun lands constitute a guaranteed building right which can be transferred elsewhere “for affordable housing and for facilities needed for tourism.” The state’s acquisition of these lands for the public implies a loss of forestry jobs and taxes, he argued, which should be compensated by transferring building “density” to help the local tax base somewhere else. He further confused matters by stating that eventual loss of some of these camps would deprive Newcomb, for example, of places to stay overnight.
» Continue Reading.


Tuesday, July 31, 2012

Champion of the Forest Preserve: David Newhouse

It’s been my honor and privilege to know some great Adirondack conservation leaders in the late 20th century. One I feel deserves a lot “more ink” is the late David L. Newhouse, a native of the Midwest and graduate of Purdue University, who arrived in New York State following World War II to become a leading metallurgical engineer with the General Electric Company in Schenectady.

His interest and leadership quickly expanded into the Adirondacks for, as Dave wrote rather formally and very modestly in a biographical paragraph: “My interest in the Adirondacks and Catskills had its roots in my developing recreational use of them, for hiking, climbing, camping, and canoeing in the Forest Preserve and other wildlands. I learned about pressures for competing and incompatible uses of these lands that threatened their character, and became very involved in conservation of their values and in education as a means of gaining popular and political support for wilderness and wild forest values.” » Continue Reading.


Tuesday, June 26, 2012

Forest Preserve Fight: Tahawus Rail Spur Decision Appealed

Tahawus Rail Line (Phil Brown Photo)A June 14 decision by the federal Surface Transportation Board’s (STB) Director of Proceedings awarding common carrier status to the Saratoga and North Creek Railway (SNCR), owned by Iowa Pacific Holdings, for freight operations on the 30-mile Tahawus industrial rail spur was appealed June 25 to the full Board by Charles C. Morrison, Project Coordinator for the Adirondack Committee, Atlantic Chapter of the Sierra Club and Samuel H. Sage, President and Senior Scientist of the Atlantic States Legal Foundation (ASLF). » Continue Reading.


Monday, June 25, 2012

Dave Gibson: Saratoga-North Creek RR, On To Newcomb

News comes this week that the Saratoga & North Creek Railroad (Iowa Pacific Holdings) has gotten federal go-ahead to extend commercial rail uses to and from the former mine at Tahawus, Newcomb. I extend the company and the towns through which the spur line passes a thumbs-up and good luck, not just for its rail rehabilitation and future commercial success, but for its educational success.

That said, the State of New York, by failing to hold public hearings to share information and hear opinion about the complicated issues behind re-extending the line from North Creek to Newcomb, failed its responsibilities for the Forest Preserve. » Continue Reading.


Thursday, June 21, 2012

Adirondack Wild Takes Big View On SLMP’s 40th

At the 40th Anniversary of the State Land Master Plan (SLMP), Adirondack Wild: Friends of the Forest Preserve has issued a report that calls upon Governor Andrew Cuomo and state agencies “to advance and expand upon the many positive values of wild lands in our Adirondack and Catskill Forest Preserve.”

“The Forest Preserve was placed into state laws and its Constitution. It is where wilderness preservation began,” said Adirondack Wild’s David Gibson in a prepared statement (Gibson is a regular contributor at Adirondack Almanack). “However, government often approaches such an important landscape with a muddied sense of mission, and in an uncoordinated and shallow way. We are urging parties to venture deeper, and with greater purpose.” » Continue Reading.


Tuesday, May 29, 2012

Dave Gibson: A New Proposal for Township 40

A proposal may come up for a vote in the State Legislature this year that would amend Article 14, Section 1 of the NYS Constitution, ‘the Forever Wild” clause which safeguards our New York State Forest Preserve. The amendment and implementing legislation addresses land titles on the shoreline of Raquette Lake in Hamilton County.

Each time the Legislature and the People of the State are asked to consider an exception to Article 14 represents a new opportunity to affirm the Article’s fundamental principle and mandate that “the lands of the state, now owned or hereafter acquired, constituting the forest preserve… shall be forever kept as wild forest lands.” No other state in the country has such a large (now about three million acres in both Adirondack and Catskill Parks) Forest Preserve, much less one embedded in its State Constitution. » Continue Reading.


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