For Immediate Release: February 25, 2010
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
Residents, visitors, municipal leaders and business owners of the Adirondack Park share in an understanding of how the combination of forest lands, open space and unique communities contribute to the Park's economy and environment. At the Adirondack Park Agency, we see the daily interaction between the Agency's work and the communities and environment as we operate through public monthly meetings, permit and enforcement processes, ongoing planning discussions and decisions.
Established in 1971 by the New York State Legislature to protect the public and private resources within the Blue Line, the Agency administers two regional land use plans: the State Land Master Plan (public lands) and the Adirondack Park Land Use and Development Plan (private lands). Both documents are complex and provide classifications of State and private lands according to their characteristics and capacity for use.
Developed in cooperation with NYSDEC with approval by the Governor, the Master Plan provides policy for public land management. Public land classifications include: Wilderness, Primitive, Canoe, Wild Forest, Intensive Use, Historic and State Administrative. Planning for motorized and non-motorized use is defined within the DEC Unit Management Planning process for 27 Wild Forest, 18 Wilderness and 38 Primitive Area units. DEC implements the plans following the Agency Board's conformance determination with the Master Plan. The public lands offer the most opportunities for recreational use and establish the Park as a treasure for all New Yorkers.
Presently the State owns approximately 2.5 million acres in Forest Preserve lands. The State holds a less-than-fee interest on almost 600,000 acres in conservation easements with the goal of protecting working forests while offering recreational access. Throughout the history of the Park, the State has paid its share of real property taxes on these State lands; the Agency has no role in the State's acquisition of land for which the guiding document is the NYS Open Space Plan. The Agency is responsible to classify land once it is acquired by the State.
The Agency also has a corresponding role in private land regulation. Through the Legislature's action on May 22, 1973, the Agency became engaged in the review of regional projects as defined in the Land Use and Development Plan of the APA Act. Private land classifications include: Hamlet, Moderate Intensity, Low Intensity, Rural, Resource Management and Industrial. Many aspects of the Act detail the Agency's review of regional projects on private land; the provisions for shoreline protection; the administration of local land use programs (presently 18 in the Park), and the distinctions between Agency and local projects by land use classifications.
There are current improvements that could be made to benefit the people, the economy and environment. In 2009 we introduced three legislative bills that gained the support of local government; they will be reintroduced during the 2010 legislative calendar. These bills address Community Housing (a 4:1 incentive to existing density guidelines); the establishment of a planning fund for Park communities (to include comprehensive, local economic development and land use planning); and improvement to the Agency's administrative processes (to allow transfer of development rights, to ensure early staff field visits, and the potential ability to deny a project without the costs to the project sponsor and Agency of an adjudicatory hearing).
Based on our outreach to local government, we embrace many changes to the Adirondack Park Agency Act that could be more far reaching and address the larger concept of regulatory reform. For example, the use of the local court system for enforcement cases is one idea which merits further discussion. The potential to streamline how local governments secure APA Act authority to administer local land use programs is another. Improved approaches to maintain water resources in lakes, ponds and rivers have also raised ideas for consideration.
While we support the potential for change, we remain diligent to ensure fair implementation of the Act. We advise thousands of land owners on regional project jurisdiction each year. In hundreds of other situations, we are engaged in the resolution of violations where every effort is made to find common ground settlement that focuses on environmental compliance. When settlement negotiations break down, and our next steps engage the Agency Enforcement Committee, due process is provided in a public forum to the alleged violator. On those occasions where there is non-compliance with a committee determination regarding resolution, the Agency's next step is to refer the case to the Attorney General.
The Attorney General handles all litigation for the Agency. While the cases are often complex and visible, they point to the quality of our democratic processes, the judicial system engagement, and the rule of law in a civil society.
As an administrative agency, the Agency has an established role in the revisions and definitions of its rules and regulations. In instances such as the 2008 Regulatory Revisions for shoreline and wetlands protection, the Agency's rulemaking has been challenged. A State Supreme Court Judge affirmed the Agency's rulemaking is within the legislative intent of the Act and Agency's authority. The Agency's proposed 2010 definition of boathouse and dock is another instance where the definition being presented follows the requirements of the State Administrative Procedure Act and includes public engagement, hearings, and future discussion by the Agency Board prior to adoption of the final regulation revision. In combination, these are lengthy, deliberative and public decision making processes.
There is an ongoing discussion taking place to address the quality of the Park communities and environment. Our staff and Board remain committed to the legislative intent of the Agency's mission and to the work that must be accomplished for the future of the Park economy and environment. Additionally, we welcome engagement with the 103 towns and villages and with the Local Government Review Board in their efforts to advise and assist us in carrying out our functions, powers and duties. Together we share in an important responsibility to the people of the Adirondack Park's communities, seasonal residents, visitors and environment, as well as to the legacy of what the Adirondack Park will be now and in the future.
Curtis F. Stiles
Chairman
Adirondack Park Agency