For Immediate Release: November 27, 2009
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY - Essex County Supreme Court Justice Muller recently issued a decision affirming the Park Agency's rule making authority. The decision resulted from litigation filed by twelve Adirondack counties and various stakeholder interests challenging regulatory revisions effective on December 31, 2008.
The Court affirmed that the new regulations did not violate local "home rule" powers. Justice Muller cited the 1977 Wambat case which held that the purpose of the APA Act is "to serve a supervening state concern transcending local interests". He also found that the regulations are consistent with "the comprehensive land use and development plan which is decidedly a substantial state concern". Justice Muller also determined that the APA acted in accordance with the rule making requirements of the State Administrative Procedures Act.
The ruling upheld the Agency's revised regulations which dealt with two critical elements of the 2008 rule making: expansions of structures within shoreline setback areas and subdivisions involving wetlands. He stated these regulations were reasonable based on the legislative intent of the APA Act and within the agency's authority.
"The APA was created to protect the unique and valuable resources of the Adirondack Park while balancing the economic needs of local municipalities", said APA Chairman Curtis Stiles. "The 2008 revisions were critically important to protect shorelines, wetlands and overall water quality. A healthy, vibrant environment combined with the authentic scenic appeal of the Park is fundamentally linked to our economic competitiveness. We must act decisively to ensure long term sustainability".
Justice Muller affirmed the agency's modification of a regulation which allowed expansions of structures located in non-compliance with the shoreline setback requirements. The new regulation requires property owners to obtain a variance before undertaking any expansions within the protected setback areas.
The Court also found the agency acted within its authority regarding its new wetlands regulations, relating to the subdivision of lands when there are wetlands on the property. The revised regulations established new jurisdictional criteria designed to avoid potential negative impacts.
The decision did not uphold two other regulatory actions. One was a new definition for "hunting and fishing cabins" which included objective design requirements. The other was the deletion of a regulation allowing the sale without a permit of all lands owned on one side of a road or right of way owned in fee. In these instances it appears the decision reinstates practices in effect prior to the rule making.
APA Executive Directory Terry Martino said, "The Agency will move quickly to implement the Court's decisions. We are pleased the court affirmed the Agency's shoreline and wetlands regulations. As an administrative agency it is imperative that we have the ability to revise our rules and regulations to effectively address issues and circumstances that evolve over time. The Agency will continue to work with local government and all stakeholders to ensure the laws and regulations we administer remain effective and positively affect our environment and economy".
The mission of the Adirondack Park Agency is to protect the public and private resources of the Adirondack Park through the exercise of the powers and duties of the Agency as provided by law. With its headquarters located in Ray Brook, the Agency also operates two Visitor Interpretive Centers, in Newcomb and Paul Smiths. For more information, call the APA at (518) 891-4050 or visit www.apa.state.ny.us.
-30-