Council sues APA over trail plan
By MIKE LYNCH, Enterprise Outdoors WriterArticle Photos
The Adirondack Council has filed an Article 78 lawsuit against three state agencies, claiming the snowmobile trail management plan adopted by the state Adirondack Park Agency in November violates the State Land Master Plan.
The lawsuit is directed at the APA, the state Department of Environmental Conservation and the Office of Parks and Recreation and Historic Preservation.
Filed Monday in state Supreme Court in Albany, the lawsuit focuses on three aspects of the Adirondack Park Forest Preserve snowmobile trail management plan, which builds off the Park's Snowmobile Plan from October 2007. The snowmobile plan is intended to improve the safety of snowmobilers while lessening the environmental impact during the process of constructing, maintaining and locating trails.
The Council objects that the plan would allow community connector trails as wide as 12 feet around curves. Previously, they were only allowed to be eight feet wide.
The Council also claims that motorized, tracked groomers are not allowed in the Forest Preserve in the SLMP. They would be allowed, under permit, on community connector trails in this plan.
The organization's final objection is the definition of the words "adjacent" and "periphery." The plan says "adjacent" can mean up to 1 mile and "periphery" can mean up to 2 miles. The words are used in the siting of snowmobile trails in state land classified as wild forest, where some motorized vehicles are allowed.
The Adirondack Council claims that those definitions would allow trails into the more remote sections of the wild forest areas and do not keep them on the edges near roads, which has been the intent of the organizations working on the snowmobile plan in recent years.
"Those connections would be, under the environmental impact statement provided by the Parks Department, no more than 500 feet from the edge of the wild forest area or from a public highway," Adirondack Council spokesman John Sheehan said. "The new plan says 'adjacent' can mean up to a mile away and that the 'periphery' can be as far as 2 miles. We believe Noah Webster would roll in his grave to contemplate those as definitions to the English language. Generally, less than a tenth of a mile has been the rule of thumb for use of the word 'periphery' in the State Land Master Plan."
The Council believes aspects of SLMP should be amended through a public process, including hearings held around the state, before these changes are made in the snowmobile plan.
"We could support all three of these if we felt the public had been given a chance to comment on them and to participate in the decision," Sheehan said. "But our number-one concern is the integrity of the State Land Master Plan, and we believe this threatens that."
The timing of the Article 78 lawsuit is important because it comes just three days before the APA board is expected to start working on the Jessup River Wild Forest Unit Management Plan. The Council, Adirondack Mountain Club and the two organizations that now make up Protect the Adirondacks! sued the same state agencies over the Jessup River Wild Forest UMP several years ago over some of the same issues, including the use of tracked groomers.
This lawsuit could potentially hold up UMPs with snowmobile trails in them.
"At this point, we have not seen the legal papers, so we don't know beyond what the Council is saying in their press release, but it certainly has potential to put a monkeywrench in things," APA spokesman Keith McKeever said. "I would definitely think that UMPs that had snowmobile trails in them would be affected."
---
Contact Mike Lynch at 891-2600 ext. 28 or mlynch@adirondackdailyenterprise.com.
|
AdirondackCitizen
|
|
|---|---|
|
01-17-10 3:52 PM
|
How typical of Mike Lynch to extensively quote the whines of the Adirondack Council but not include a single quote or response from the AATV or an Adirondack town official that endorses the snowmobile trail regulations. Slanted articles such as this leave one wondering if the Daily Enterprise or its reporters are just puppets of the Adirondack Council.
|
|
TLNative
|
|
|
01-16-10 10:14 AM
|
This is like a well scripted play...APA waffles on a subject...ADK Council files a suit...APA crumbles...we all meet someplace for an after play party..****e on here....who's hurting who here...we are taking it on the chin as usual.
|
|
silenceisgolden
|
|
|
01-13-10 7:57 PM
|
well, nell, i'll out myself. i don't live in the adks. anymore. i did for 16 years. and in my opinion, as stated above, if you can't survive in the adks without the state employing you directly or indirectly (which means all govt jobs and most every other job that exists only b/c everyone who works for the govt needs you) then you have very little right to whine about what the state decides to do about keeping the adks wild. they're paying you to live somewhere that would otherwise be a bunch of hamlets at best. they want to keep it a certain way for THEM and they're paying for it. if you are one of those people who would live there anyway, even without state support, then yay for you. give 'em*****in Albany! Kick 'em right out and use the land however you want.
|
|
northcountrynell
|
|
|
01-13-10 12:26 PM
|
silenceisgolden.."boundless beauty"??? I take it you dont live in Cascade Acres??? Anyway...the fact that people are complaining about a trail groomer keeping a narrow swath of trail in good condition and 12 ft wide on corners for safety is crazy. You make the Adks sound like another planet , wilderness, lack of modern items??? Maybe you are on another planet?? I have every modern thing I want and enjoy 100s of miles of snowmobile trails...and sometimes never see another living soul when riding. You babble about your beliefs of what the Wilderness means to you...but given the amount of snowmobiles I have seen on the trails since the mid seventies and the long lines of quasi-woodsman lined up to hike through the high peaks....the snowmobilers leave a lot less in the way of impact. If the Wilderness wannabees feel the need to extract every bit of mans existance in the Adks....maybe THEY need to move somewhere bigger and less populated...Arctic circle perhaps??? Let them save i
|
|
poolman137
|
|
|
01-13-10 12:15 PM
|
who wears the pants here???? is so amazing that a hand picked group is even allowed to exist!!!!!
|
|
contrary1
|
|
|
01-13-10 9:40 AM
|
The fact that all the Tri-Lakes is allowed for an economy is tourism, should be reason in and of itself to follow the lead of the Adirondack Council, and sue the APA out of existence. The APA and Adirondack Council have been in bed together so many times, I think it's counter productive to support one side vs the other in this matter. Let them sue the crap out of each other. Every penny they spend fighting each other, is one less penny they have to further their depopulation efforts. If anything, I think questioning the Constitutionality of the State Master Plan would be the way to go. Let the 2 snakes who've been in bed together fight it out in a public forum. Snowmobilers should ask a Judge for a moratorium on the continued implementation of the State Master Plan, and use its history as proof that most of the eco-tourism stakeholders are using it to decide which tourists are preferred and which aren't, based on their personal investments. Who's plan is it now?
|
|
silenceisgolden
|
|
|
01-12-10 10:33 PM
|
If only people who truly can survive in a place with as harsh a climate and as isolated a location as the ADKs lived there, the place would basically be empty anyway. There was a time when the area grew-- with logging, mining, the cure industry. Now you have tourism. Period. Mostly everything else is a creation of the state (prisons/Sunmount/DEC) or exists to support people working for the state (schools, hospitals). Otherwise, well, we've all seen pictures of ghost towns. They became that way for the same reasons-- boom industries ran their course. All this fighting about tree huggers vs. snowmobilers just ignores the elephant in the living room.
|
|
silenceisgolden
|
|
|
01-12-10 10:21 PM
|
Well, youknowimright, i do believe that the the population of the adks should be restricted to those who can survive living there on the adks terms and who want to live in the middle of nowhere (which means NOT driving 10-20+ miles to work one way). you want to live in the wilderness? then pay the price of living in the wilderness, which is few and low-paying jobs (with not a lot of disposable income for snowmobiles, etc), limited 'modern' amenities like cell phone towers and broadband, high prices for things shipped in that you can't procure locally. All in exchange for solitude and boundless beauty on your doorstep.
|
|
upstate
|
|
|
01-12-10 10:05 PM
|
people remember who pays for these trails in the first place it is not the hikers or cross country skiers it is the snowmoblers who spends more money here in the adirondack in the winter??? it is about time we open more land up to them if you ever get a chance look north Canada has one of the best trails systems going do you think they dont care about the environment??
|
|
YouKnowImRight
|
|
|
01-12-10 10:03 PM
|
Silence-It's about the extirpation of the native population.
|
|
LoveTheCold
|
|
|
01-12-10 8:27 PM
|
down one
|
|
LoveTheCold
|
|
|
01-12-10 8:26 PM
|
You need to move further north. This land is for everyone. This idiotic resentment of snowmobiles is nuts, when you ride by a herd of deer they just stand there and look at you and just go back to browsing. I think most of you that hate them just are jealous because you are to ignorant to make enough to buy one :) love they neighbor
|
|
silenceisgolden
|
|
|
01-12-10 8:25 PM
|
i realize this issue really is more about hating outsiders trying to run your life than anything else, but is it true that just b/c you live here you know what's right? people get so caught up in hating a type of person or group that they reject anything that type of person or group says, out of hand, without thinking about it. Do you REALLY think snowmobiling, 4X4ing, floatplaning, motor boating wherever you want and using whatever land mgt you need to do them are the best thing for the ADKs? Do you REALLY want the ADKs to be like everywhere else, just except there are a bunch of big hills? What's a better way to think of the ADKs- like a wild state park you get to live in or a bunch of growing cities in northern new york?
|
|
silenceisgolden
|
|
|
01-12-10 8:13 PM
|
evidently there are not many places in these great United States that aren't open to motorized vehicles. i surmise a lot of people live in & visit the adks for that very quality. Anyone who wishes to snowmobile with fewer restrictions can go outside the blue line. Anyone who wishes to experience nature without combustion engines can't go anywhere BUT the ADKs. Is it so bad to keep the ADKs unique or should they become like everywhere else, so there's NOwhere to go where it's undeveloped? Is there ANY value to preserving pristine land? Do ONLY rich people enjoy it?
|
|
northcountrynell
|
|
|
01-12-10 7:25 PM
|
twinrivers "yawn" typical enviro-idiotic response. If your so bored.....move to Haiti and save those poor soul's environment.....at least you wont be bothered by snowmobiles.
|
|
twinrivers
|
|
|
01-12-10 5:35 PM
|
**yawn***
|
|
dumbdog
|
|
|
01-12-10 4:29 PM
|
I believe this group is causing more environmental damage with the paperwork they are creating for this case. The valuable resources that they are wasting for their self interest should be a lawsuit unto itself posed by the state. I don't believe they are smart enough to realize this though.
|
|
jswhiteface
|
|
|
01-12-10 4:20 PM
|
Six million acres will never be enough for the Adirondack Council, unless and until all the poor people and their hobbies are gone.
|
|
whosaiditwasgood
|
|
|
01-12-10 4:16 PM
|
between the "shisters" at the Adirondack Council and their "patsies" at APA and DEC I'm not sure who the bigger culprit is in all of this. How did the Adirondack Park ever survive without all of these all knowing, all seeing hipocrites. They all ought to go find a real job. I'm sure all of this is part of dribble they all spew about suppoting the Adirondack lifestyle for the locals. This one sure is business and tourism friendly! Wonder if they're read the news lately about the state of the economy..........bunch of dweebs.....
|
|
northcountrynell
|
|
|
01-12-10 4:09 PM
|
Gee...you think 6 million acres would be enough for every pinhead to have his little slice and be left alone....guess not. SOme people have too much time on their hands. At least while all the "smart "people are battling this out in court for the next 20 years...Ill be enjoying their absence in the wilderness.
|
|
twinrivers
|
|
|
01-12-10 3:21 PM
|
As Vendor has demonstrated through his dedication to hiring legal counsel to clarify the law, lawsuits are a reasonable and important tool for protecting the Park and determining use since these are determined by law. The Council believes the law is not being upheld in this case, and is seeking a fix or a legal determination. Not a big conspiracy.
|
|
jackkk
|
|
|
01-12-10 3:16 PM
|
It's time for pitchforks and torches with these Adirondack Council types.
|
|
EsoxSavant
|
|
|
01-12-10 1:07 PM
|
Using a public comment process is a joke. The process doesn't work because when the council loses they pick up their toys and go crying home. Then their lawyers figure out alternate legal recourse to take which doesn't require public input. Keep in mind that most people who would be against this have real jobs and really can't take time off to attend a "hearing" that is supposed to determine the fate of our recreational activities.
|
|
Spooner
|
|
|
01-12-10 11:39 AM
|
It would be great if the State and the APA took a stand here, on the other hand, this is another opportunity for them to follow the greenie lead, and pass the blame on to the greenie groups. "Oh no, we wanted (lie) to allow the groomers but these bad environmentalists are just so hard to please we had to do it, for them, and for World Peace."
|
|
NativeTransplant
|
|
|
01-12-10 11:36 AM
|
Freddie, you might not know the people who ask the Council to do their work... that's because they're only here on and off for 6 weeks in the summertime.
|




