The New York State Adirondack Park Agency (APA) and the Department of Environmental Conservation (DEC) today announced three public hearings to discuss changes proposed for the Moose River Plains Wild Forest.
Located in the central and southwestern portion of the Adirondack Park, the Moose River Plains Wild Forest offers many year-round recreational opportunities including hiking, fishing, canoeing, skiing, mountain biking, snowmobiling, horseback riding, hunting and camping, making it an ideal destination for recreationists with varied interests and abilities. You can read more a short history of the Plains by the Almanack’s John Warren here; all our coverage is located here. » Continue Reading.
The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Thursday, June 10, 2010 at APA Headquarters in Ray Brook, NY. The June meeting will be one day only and will consider the creation of a Moose River Plains Intensive Use Camping Area, renewing four previously approved general permits on wetlands, communications towers, hunting and fishing cabins, and development rights, amendments to the Town of Hague, Bolton, and Westport local zoning programs, and revisions to the definition of “boathouse,” and easing the permitting process for businesses, among other topics. Meeting materials are available for download from the Agency’s website. The Full Agency will convene on Thursday morning at 9:00 for Executive Director Terry Martino’s report which will include a resolution recognizing the contributions of long serving past Agency Board Member, James T. Townsend.
At 9:30 a.m., The State Lands Committee will hear a second reading for the Jay Mountain Wilderness and the Hurricane Mountain Primitive Area Unit Management Plans. These plans are actionable items; however, the Board will not act on the fire tower proposal included in the Hurricane Mountain Primitive Area at this time.
APA staff will request authorization from the Board to proceed to public hearing on reclassification proposals for state land in Herkimer and Hamilton Counties including a proposal to create a 2,925 acre Moose River Plains Intensive Use Camping Area. The committee will also hear an informational presentation from DEC staff on the working draft for the Moose River Plains Unit Management Plan. Public review of the draft Unit Management Plan will be conducted jointly between DEC and APA as part of a coordinated SEQR review process on both the Unit Plan and the reclassification proposals.
At 11:15, the Regulatory Programs Committee will consider renewing four previously approved general permits which are set to expire on August 12, 2010. The general permits include:
2005G-2 Minor Projects Not In or Impacting Wetlands
2005G-3 Replacement of or Installation of Certain New Telecommunications Antennas on Existing Towers or Other Tall Structures
2005G-4 Hunting and Fishing Cabins Greater Than 500 Square Feet in a Resource Management Area
2005G-5 Subdivision to Convey Two or More Lots Without Principal Building Rights
The Committee will then hear a first reading for a new draft general permit which, if authorized, would expedite APA approval for a change in use in existing commercial, public/semi-public and industrial structures. This proposed general permit is the latest in ongoing efforts by the APA to improve administrative efficiency.
At 1:00, the Local Government Services Committee will consider approving proposed amendments to the Town of Hague and the Town of Bolton’s approved local land use programs. Agency staff will then provide the committee with an overview on local land use controls inside the Adirondack Park.
At 1:45, the Park Policy and Planning Committee will hear a first reading on the Draft Memorandum of Understanding for APA’s review process of DEC projects on State Easement Lands inside the Adirondack Park. The MOU defines working relationships, provides guidelines for outlining new land use and development subject to Agency review and establishes review protocols for future DEC projects proposed on lands with State-owned conservation easements.
Following this discussion, the Committee will determine approvability for a proposed map amendment in the Town of Westport, Essex County.
At 3:00, the Legal Affairs Committee will meet to discuss and act on regulatory revisions for the definition of “boathouses”. The proposed definition is available as a pdf.
At 4:00, the Full Agency will convene to take action as necessary and conclude with committee reports, public and member comment.
The next Agency meeting is July 8-9 2010 at the Adirondack Park Agency Headquarters.
August Agency Meeting: August 12-13 at the Adirondack Park Agency Headquarters.
The 15th running of the Black Fly Challenge will begin in Inlet, Hamilton County on Saturday June 12, 2010. Started in 1996 by a businessman looking to boost bike rentals, the Black Fly has grown to to some 300 racers. Over half the 40 mile race distance traverses the rugged Moose River Plains Wild Forest between Inlet and Indian Lake on gravel mountain roads with plenty of elevation changes. But it’s not all struggling up and screaming down hills. There are a few relatively flat sections on Cedar River Road and in the Moose River Plains. For race information and registration info visit BlackFlyChallenge.com, or call Pedals & Petals Bike Shop, 315-357-3281.
When four canoeists and a kayaker ventured down the South Branch of the Moose one spring day in 1991, passing through posted land, they sparked a legal battle that lasted eight years and ended in a victory for paddlers.
The Court of Appeals, the state’s highest tribunal, ruled that the common-law right of navigation embraces recreational canoeing. Two years later, the paddlers and the landowner, the Adirondack League Club, reached an agreement specifying when the public is allowed to paddle the South Branch.
But it wasn’t a total victory. For one thing, the agreement says the river is open to the public only from May 1 to October 15 (or the opening of big-game season). But if a river is navigable in mid-April, why shouldn’t the public be allowed to paddle it? Can such an agreement between a landowner and private parties restrict the common law?
For another thing, little has happened to advance the cause of navigation rights since. Last spring, I paddled through posted land on Shingle Shanty Brook, a stream that connects two parcels of Forest Preserve in the Whitney Wilderness. I believe the public has a right to paddle this stream, but the landowners disagree. That there is still doubt about this, more than a decade later, shows that the Moose River decision was not as world-shaking as paddlers had hoped.
Finally—and this is less well known—the Moose River case put an end to legislative and regulatory efforts in Albany to clarify navigation rights.
Back in 1991, state legislators were pushing a bill that would have affirmed that paddlers have the right to travel on navigable rivers. At the same time, working on a parallel track, the state Department of Environmental Conservation was drafting departmental regulations with the identical purpose in mind.
The bill passed the Assembly, but apparently it was blocked in the upper chamber by Senator Ron Stafford, whose district included most of the Adirondacks. I’m told that Stafford was on the verge of coming around when the Moose River controversy erupted. Because of the lawsuit, the bill was shelved.
Similarly, DEC abruptly abandoned its effort to adopt regulations. The department had progressed so far in this initiative that it had drafted a news release.
What’s more interesting, DEC had prepared a draft list of 253 waterways throughout the state that it deemed navigable under the common law. Fifty-five of those rivers are in the Adirondacks.
You can read about this history in the May/June issue of the Adirondack Explorer. The story is available online here.
You also can see online the fifty-five Adirondack waterways on the department’s list. Keep in mind, however, that this was the draft of a preliminary list. If the list were subjected to public hearings, waterways may have been added or subtracted. That being said, it’s thought that most of the waterways on the list probably would have survived.
There is now a bill before the state legislature that would clarify the common law and authorize DEC to draft a new list of navigable waterways. Whether DEC would use that authority is questionable. The department may prefer to negotiate with landowners, as it is doing in the Shingle Shanty case. However it’s done, though, the public’s rights need to be clarified. The Moose River decision was not enough.
Mountainman Outdoor Supply Company has announce its sponsorship of the 2009 Paddle for the Cure, a leisurely 6-mile paddle on the Moose River beginning at Mountainman Outdoor Supply Company, on Rt. 28 in Old Forge on Saturday, September 26. All proceeds for Paddle for the Cure will support the Carol M. Baldwin Breast Cancer Research Fund. The Paddle for the Cure will begin at 11:00 am Saturday morning. The day-long event will last until 6:00 pm. More information and pre-registration forms are available at www.PaddleForCure.net. According to the event announcement, the Carol M. Baldwin Breast Cancer Research Fund supports both new and established researchers investigating the causes, prevention and treatment of breast cancer. This research will include—but not be limited to—studies of the genetic, molecular, cellular and environmental factors involved in the development and progression of breast cancer; application of the knowledge thus gained to educate medical professionals and increase public awareness for the prevention, detection and treatment of breast cancer; and studies of the outcomes of breast cancer detection and treatment on the patient, their families and society.
The Adirondack Park Agency (APA) will hold a public hearing on Wednesday, August 12, 2009 at 7:30pm in the Inlet Town Hall to discuss the Town’s proposed amendments to the Official Adirondack Park Land Use and Development Plan Map and provide opportunity for the public to comment on these proposals. The town’s proposals could result in a net increase of more than 1,000 buildings according to the APA. The hearing will be preceded at 6:30pm with an informal information session.
The four proposals would reclassify lands into a less restrictive classification which could potentially result in increased development in the areas under consideration. Here is the description from the APA: On June 22, 2009 the Adirondack Park Agency received a completed application from the Town of Inlet, Hamilton County to reclassify approximately 1,913 acres of land on the Official Park Map in four separate areas within the Town of Inlet. The Official Map is the document identified in Section 805 (2) (a) of the Adirondack Park Agency Act (Executive Law, Article 27), and is the primary component of the Adirondack Park Land Use and Development Plan, which guides land use planning and development of private land in the Park.
Area A involves 203.4+/- acres of land along Uncas Road, between the Pigeon Lake Wilderness on the north and the Fulton Chain Wild Forest on the south. The Town proposes to reclassify the area from Low Intensity to Moderate Intensity.
Area B involves 23.6 +/- acres of land along State Highway 28 which serves as the southwest boundary for this area. This area is adjacent to the hamlet of Inlet and positioned between County Highway 1 and Limekiln Road. The Town proposes to reclassify the area from Low Intensity to Moderate Intensity Use.
Area C involves 1,043.7 +/- acres located along Limekiln Road which intersects with NYS Route 28, to the north, and runs south to Limekiln Lake. The Town proposes to reclassify the area from Rural Use to Moderate Intensity Use.
Area D involves 642.6 +/- acres of land south of State Highway 28, which serves as the northern boundary. The area is bordered on the east by the Moose River Plains Wild Forest. The Town proposes to reclassify the area from Low Intensity Use to Moderate Intensity Use.
Detailed information and maps related to this proposal may be viewed at the Agency’s website at: www.apa.state.ny.us/_assets/mapamendments/MA200804_DSEIS.pdf
When considering proposed map amendments the Agency must prepare a Draft Supplemental Environmental Impact Statement (DSEIS), hold a combined public hearing on both the proposed map amendment and the DSEIS, and incorporate all comments into a Final Supplemental Impact Environmental Statement (FSEIS). The FSEIS includes the hearing summary, public comments, and Agency staff written analysis, as finalized after the public hearing and comments are reviewed. The Agency then decides (a) whether to accept the FSEIS and (b) whether to approve the map amendment request, deny the request or approve an alternative. The Agency’s decision on a map amendment request is a legislative decision based upon the application, public comment, the DSEIS and FSEIS, and staff analysis. The public hearing is for informational purposes and is not conducted in an adversarial or quasi-judicial format.
In addition to the public hearing on August 12 at the Inlet Town Hall the Agency is accepting written comment on these proposals until September 4, 2009.
Written comments may be sent to: Matthew S. Kendall Adirondack Park Agency P.O. Box 99 Ray Brook, NY 12977
The Adirondack Park Agency (APA) will hold a legislative hearing on Tuesday, July 28, 2009 at the Forestport Town Hall on a proposed widening and improvement of a ten mile stretch of Route 28 from Route 12 (in Forestport, Oneida County) to the Moose River in the Town of Webb (Herkimer County). The project sponsors, NYSDOT and National Grid, will also be there to answer questions or address concerns about the design of the project. APA staff will be available to discuss the permitting process. The legislative hearing will start at 6:15pm. Here is a description of the project and other details on the meeting which were supplied by the APA:
The project begins approximately 6 miles north of the intersection of Routes 12 and 28 in Alder Creek and terminates at the Moose River in McKeever for a total project length of approximately 10.3 miles. The project consists of resurfacing a section from the southerly limit of the project for a length of approximately 2 miles; a reconstruction section for approximately 2.5 miles through Woodgate and a portion of White Lake; resurfacing a section with minor widening for a length of approximately 1.5 miles through a portion of White Lake; and resurfacing a section for the remainder of the project for a length of approximately 4.5 miles through Otter Lake to the Moose River in the Town of Webb. There will be utility relocations throughout the reconstruction section to provide a minimum offset from the edge of travel lane of 16 feet. There will be additional isolated utility pole relocations within the resurfacing sections to provide the same 16 foot offset.
PURPOSE OF MEETING: This is an informal legislative hearing conducted by the Adirondack Park Agency pursuant to APA Act section 804(6) to receive public comment on the proposed project. The hearing will include introductory presentations on the project design by the NYS Department of Transportation and National Grid. Agency staff will take notes on the public comment. Comments may be submitted by verbal statements during the hearing or by submitting a written statement. Agency Board Members and Designees may be present to hear the public comments. The Agency Board will make its decision on the project at one of its monthly meetings at some time in the near future.
GOAL OF THE MEETING: To allow the public to express concerns regarding this proposed project and how it may positively or negatively impact individual properties or the community.
MEETING FORMAT: NYSDOT, National Grid and APA personnel will be available from 5:30 to 6:15, prior to the formal presentation, to address any questions or concerns that individuals may have about the design of the project or the APA permitting process. At 6:15 APA Deputy Director Mark Sengenberger will commence the formal portion of the hearing. He will introduce NYSDOT and National Grid personnel who will make brief presentations concerning the project objectives, scope, schedule and cost. During the presentations, the public can ask questions for clarification purposes only. Following the presentations, members of the public will have the opportunity to make brief verbal statements about the project. There will be a sign up sheet for any persons wishing to make public comment. In order to allow everyone to speak who wants to, comments will be limited to no more than 3 minutes in length and speakers will go in the order that they signed up. Members of the public can provide additional written comments to the Agency at or after the meeting. Town of Forestport and Town of Webb officials will be present and introduced at the meeting.
I’m accustomed to setting out on an article knowing less about a subject than the people I interview. A recent assignment went the other way, to a surprising extent.
The topic was navigation rights in New York State. The editor of the Adirondack Explorer, Phil Brown, and I wanted to know why, ten years after a state high-court decision affirmed canoeists’ rights to carry around obstacles, paddlers rarely test rivers that flow through private Adirondack land (you can see the article here).
Out of five riparian landowners I spoke with, three stated that their rivers were “closed” because bridges, dams or downed trees block the streams and paddlers are prohibited from carrying around them. That’s a pre-1999 view. Obstructions have not been grounds for denying canoe passage for a decade, I explained, no matter who owns the riverbank. All three landowners then responded that the rivers were probably impassable anyway and who would want to paddle them. (A sixth landowner who in the past claimed that passage is closed between Mud Pond and Shingle Shanty Brook did not return phone calls or e-mails; I have no doubt from a trip through that property myself that it is a navigable stream with one quick carry.)
Frankly I expected landowners on disputed rivers to know the law because they have the most at stake. I expected to find the confusion on the paddlers’ side of the issue, and there is plenty among that group too. This first page of the 2008 Paddlesports Press guidebook Adirondack Paddler’s Guide states: “Most private lands, however, are just that — the public is not allowed.” Zero effort to explain the river access that paddlers fought decades to earn. The next sentence: “In fact some private reserves are patrolled and huge lawsuits have ensued for trespass.” There was one lawsuit, and it changed everything: A group of four canoeists and one kayaker provoked a test case on the South Branch of the Moose River in 1991, and the ensuing trespass suit sought $5 million in damages, which a judge dismissed. One of the defendants says the dollar figure never weighed on the group. It did take seven years and three courts to reach a final ruling, which contains vague language that only rivers proven to be “navigable in fact” are open. Nuanced, but not a blanket ban and not a reason to monger fear.
These examples prove a point made by Charlie Morrison, a retired Department of Environmental Conservation official. Morrison is lobbying the state legislature to pass a bill that would make the 1999 Moose River decision statutory. He says he does not want to change the law, just to codify it so it doesn’t get lost again.
Navigation rights are not new; they derive from common law and interpretation of that law by courts. The late canoeist and author Paul Jamieson pointed out that travelers crossed the Adirondacks freely by small craft in the early 19th century. Gradually, transportation became land-based, landowners began posting rivers, law enforcers began upholding the land-posters, and rights of passage faded. The 1999 ruling restored them.
Jamieson and the Moose River paddlers righted a century-old wrong, which is not to say the landowners’ instinct to protect their privacy is wrongheaded. Some told me off the record that members of the public who have passed through their land left fire rings and litter. If a paddler gets hurt — and these are generally tricky rivers, not flatwater cruises — landowners are the ones who’d have to come to the rescue. The Moose River case affirmed the right to travel through, but they do not give paddlers the right to stop, picnic, fish, hunt, camp, even take a pee. If you can’t run a river through somebody’s property in a day, then that river is not navigable, at least under existing state law. The West Branch of the St. Regis River below the St. Regis Canoe Area probably falls into that category.
One obstacle Morrison faces in Albany is the disorganization of the state Senate. Assembly sponsor (Democrat Sam Hoyt of Buffalo) needs to find a counterpart in the next week or two. Another obstacle is the passive resistance of the Adirondack Landowners Association, which seems to prefer the inhibiting effect of the reigning confusion: if the law is not spelled out, canoeists will stick to publicly owned waters where they don’t have to decipher access rights.
And over the past 15 years the state has acquired miles of new public waterways, so the situation on the ground is relatively peaceful. But keep an eye on the Beaver River connecting Lake Lila to the Stillwater Reservoir: The landowners and guerilla padders I interviewed agree it’s really only runnable after snowmelt, and then for a week at most. Whether that makes the Beaver “navigable in fact” may take another court to decide.
Photograph: The Beaver River near Lake Lila; by MWanner, from Wikimedia Commons
Eager boaters have been on the water since ice-out, but the Adirondack canoe-and-kayak social season really gets cruising this month. We offer a chronological calendar:
The first two get-togethers are really commercial affairs, aimed at selling canoes and kayaks, but hey we enjoy new gear as much as anyone: Adirondack Lakes and Trails Outfitters holds Demo Days this weekend, May 9–10, by the state boat launch on Lake Flower, in Saranac Lake, (518) 891-7450. And Adirondack Paddlefest is May 15–17 at Mountainman Outdoor Supply Co., in Old Forge. The Fest is billed as “America’s largest on-water sale.” $5 admission for adults, (315) 369-6672 » Continue Reading.
Spring = snowmelt = big rivers = paddle porn. Snowmobilers had their spread in February; now whitewater gets equal time.
Most of these linked videos were made by Lake Placid-based Split Rock Video, which travels widely for fast water and film. This ultimate crash and burn highlight reel features the North Country’s own Black and Moose Rivers alongside the Zambezi and Gauley. Here is some “classic old school” river running.
From the Adirondacks Speculator Region Chamber of Commerce comes a new website that offers snowmobile trail conditions laid out in tables that identify each route (with trail numbers, segments between intersections, and municipal locations), the date the trail was last groomed, the date conditions were assessed and the conditions (great, good, fair, poor, closed).
The page includes trails in Lake Pleasant, Speculator, Arietta, Piseco, Wells, and Morehouse. The page also links to Trail Etiquette, a Trail Map cover 650 miles of area trails, GPS points, a Webcam and Photo Gallery, and a discussion board covering the area plus Indian Lake, the Moose River Plains, and other areas of the park.
Here at the Almanack, we have always believed that appropriately placed snowmobile trails (kept out of wilderness and wild forest areas) are an important component to the Adirondack economy. Riders should accept and defend the seven wilderness “leave no trace” principles.
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