State ordered to pay Protect the Adirondacks $32,000
By Gwendolyn Craig
An Albany County Supreme Court justice has affirmed an environmental group’s position that some snowmobile trails the state approved and already built for the Adirondack Park forest preserve violate the state constitution. He did not go so far as to order the state to undo the trails.
In the finding that the state’s snowmobile path construction had been illegal, Acting Supreme Court Justice Gerald Connolly ordered the state Department of Environmental Conservation (DEC) and Adirondack Park Agency (APA), to pay $32,000 to Protect the Adirondacks for appeals costs. Connolly said DEC and APA’s “construction in the forest preserve of Class II community connector trails that were planned and approved as of October 14, 2014” violated the state constitution.
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Connolly’s order is silent on whether existing trails must be fixed to align with his ruling, and the DEC and APA did not immediately respond to the Explorer’s request for comment on Thursday.
Protect, which is suing the state on other fronts, also urged the DEC and APA to provide an accounting of the trails already built and maintained. Connolly did not require the state to provide that in his Sept. 29 order.
In a news release, Protect the Adirondacks said the judgment “ends the 10-year-long legal odyssey,” though it added that “future use and maintenance of these unconstitutional class II connector trails may likely require additional litigation.”
“This case has forced major reforms in the state’s management of the forest preserve that will help protect its natural resources and improve public access and use of the forest preserve for decades to come,” said Peter Bauer, executive director of Protect.
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Protect the Adirondacks sued the state in 2013 over approximately three dozen miles of class II community connector snowmobile trails that were to be 9- to 12-feet wide on forest preserve. The Adirondack Park is a mix of public and private lands. The approximately 3 million acres of public forest preserve are constitutionally protected under Article 14, which states the acreage “shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.”
The case called into question the definition of a tree.
The DEC had accounted for trees starting at 3-inches in diameter at breast height. Using that measurement, the connector trails would have required the removal of over 6,000 trees. Protect the Adironacks argued smaller trees should be counted. By adding in trees 1-inch in diameter at breast height and greater, Protect found the DEC would have to cut more than 25,000 trees.
In May 2021, the state’s highest court ruled 4-2 in favor of Protect the Adirondacks. Judges noted that the proposed preserve trails could only be built with a constitutional amendment. The decision led to the DEC’s new forest preserve work plan policy, which now accounts for trees 1-inch diameter at breast height and larger.
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But Protect the Adirondacks brought the DEC and APA back to court again in early 2022, arguing that some of the trails already built should be restored to forest. Though the case had begun in 2013, a stop-work order on community connector trails was not issued until 2016. For example, the DEC had opened the Seventh Lake Mountain Trail in the Moose River Plains Wild Forest Area. About 12 miles long, the trail was at the heart of the original lawsuit, Bauer told the Explorer in February 2022.
DEC Commissioner Basil Seggos told lawmakers during an environmental conservation budget hearing on Feb. 1, 2022 that “any of the trails that are being used now are the ones that are historic in nature.” The department also issued a statement shortly after that it “believes we are fully in compliance with the Court’s decision.”
Protect continues to disagree. Claudia Braymer, deputy director of Protect the Adirondacks, said “continued operation and maintenance of unconstitutional trails involved in this lawsuit should not be allowed. The public needs a full accounting of how many unconstitutional class II connector trails continue to be managed and maintained on the forest preserve by the DEC and APA.”
Trails provide access to the adirondacks and their beauty .
They also bring a hell of a lot of noise to areas whose beauty to many, includes quiet. There is a lot of value in things non-monetary. Silence is golden. Ever go out in the woods and “listen” to the silence? New York State seems like they are selling our peace, quiet and solitude, in their grab for cash and economic gain. If people want to live in Syracuse, Rochester, Albany or similar places with all kinds of jobs and modern infrastructure they are free to go there, but please, don’t do us poor hillbillies any favors by bringing burgeoning population and traffic to the Adirondacks.
Trails provide “access” to the “next bar”, and more alcohol. Up here in the Cranberry Lake area, the trails are littered in the spring with snowmobile parts, “evidence” of crashes, old spark plugs TRASH, beer bottles, and whiskey bottles. that we”Hunting Club members” get to pick up every spring.
I KNOW, because I am one of those members picking up after these SLOBS that have no respect for the “beauty” you speak of.
The Adirondacks are just another “playground” for them to INVADE, TRASH, then then leave their messes for others to clean. Give the “public” and inch, and they take a MILE.
Snowmobile riders help keep small businesses in small towns like mine open in the winter months. Without them, we would go out of business. Maybe Mr Bauer should go after the people that hike the trails and leave their garbage behind.
Jimmy,
Leaving trash is already illegal. Not much Bauer can do about that. If we had more patrolling/enforcement and education, trail trash would be minimized. We need more Ranger staffing for that.
Cutting trees and sculpting terrain in order to build Class 2 trails for essentially one user group is a different issue that IMO should require an amendment to go forward. I don’t see where this decision will have much bearing on the argument.
I have even found abandoned snowmobiles on my property, i think they break down and just pull off trail and just leave in bushes, usually old sleds unregistered and basically untraceable. I find the trail being allowed through my property vexing sometimes with the garbage and then i clean up and have to “pay to get ride of it”. the abusively loud modified snowmobiles. So i put that back on the snowmobile club, their “trails” clean up and pay to dispose of, enforce loud snowmobile riders. they ride the trails and maintain, so be responsible for free use on land for trail or loose right to use land. other issues are illegal ATVS.
“Trails provide access to the adirondacks and their beauty.”
Correct, they do, while enjoying the beauty, who wants to smell partially burned fuel and suffer the noise that is heard for miles as they hike the trails? At least while on foot I don’t have to jump out of the way for fear of getting run over by a machine going past at over 70mph. Get off your butt and experience the walk, smell the fresh air and enjoy the peaceful quiet forest landscape
“Snowmobile riders help keep small businesses in small towns like mine open”. Might as well open a brothel to have the same effect.
The state speed limit is 55 miles per hour by law, unless posted otherwise on any funded snowmobile trail in NYS. The current crop of modern four stroke and clean burning two stroke engines meet the required Federal EPA requirements for emissions and noise levels. Please note the Yellowstone national park and the Adirondack Park to name a few. Shared multi-use trails with different user groups occurs not just within the blue line but across NYS and the snowbelt. We do not see people being run over as you insinuate.
Yup let’s just keep shutting off activities that bring in $$$$, lots of $$$$ to the Adirondacks. If it wasn’t for snowmobilers a majority of towns would not exist. And to think there is a housing shortage in the park. Who is going to live in these towns when nothing is left??
omg the bars might go bankrupt without snowmobilers?
There are bars and restaurants in the park that would definitely be out of business if there was no snowmobiling industry up there.
And this Jokle/Cuhomo administration wants to cut trees but ban by gas stove, furnace, V8 engine, to save the environment.
you forgot woodstoves, and all gasoline engines, from lawn mowers to chainsaws.
some of it doesnt even make sense. electric riding mower$3,000 plus, New batteries at $1,000 every 2-4 years. or gas mower at $1,200-1,400 and 20 gallons of gas per year? can’t even make a riding mower battery for 20 gallons of gas.. electric cars that don’t really work in adirondack cold winters. range drops from 200 to 40 miles at zero degrees. plus still have to make all the electricity to charge.
Leave the snowmobiles alone they bring money to your community how many hikers,bikers, tree huggers are in your community in the middle of winter?
Plenty of “tree huggers” are out in middle of winter. If you lived here, you would know.
Nothing is being taken away from existing businesses or snowmobilers. The issue here is strictly NEW infrastructure that does not meet SLMP and Park regulations. There is no attack being waged on snowmobilers, businesses, or communities, so the controversy should not be framed that way.
I live in Michigan. If we didn’t accommodate for snowmobiles and there presence there would be many small businesses out of business in winter months especially the U.P. if your not sure where that is cross Mackinac bridge to the north
We are fortunate to have the Forever Wild Clause in the NYS Constitution. Like it or not, it affects where snowmobiles and many activities can be accommodated.
NYS Court of Appeals 2021: The [state’s snowmobile trail] plan requires the cutting and removal of thousands of trees, grading and leveling, and the removal of rocks and other natural components from the Forest Preserve to create snowmobile paths that are nine to 12 feet in width. We conclude that construction of these trails violates the “forever wild”provision of the New York State Constitution (art XIV, § 1) and therefore cannot be accomplished other than by constitutional amendment. (p 2)
Cory,
NYS has made substantial infrastructure for snowmobiling throughout the state. It HAS a large snowmobile network.Snowmobilers aren’t under attack here. But what is being argued here is the LEGALITY of pushing NEW, more intrusive Class 2 trails into a Park set up for preservation and protection, not vehicular recreation. If there is gong to be a paradigm shift toward increased vehicular recreation and infrastructure, that needs to be supported by a constitutional amendment requiring support by taxpayers/voters across the state. Until then, we should be working within the existing SLMPs and laws specific to the Adirondack Park.
The bulk of snowmobile trails are outside the Adirondack Park blue line on private property. And the NYS government has not done anything for that. It is on the backs of snowmobile club volunteers asking permission of private landowners to use their property. The club provides trail insurance and the general obligations law to the landowners. The snowmobile trail fund is administered by NYS Parks and Recreation from funds generated from NYS Snowmobile registrations. That is all. No taxpayer funds are used.
The snowmobile community is most definitely under attack by the NYS Environmental lobby and its political allies. They and their allies have attempted on several occasions to have the NYS snowmobile trail fund abolished and the funds stolen. Mario Cuomo with the Environmental lobby blessings dismantled the NYS ATV program and stole those funds, and it continues to this day. Legality? Bauer and company had lost in every court before their appeal found sympathetic judges in the NYS appellate court. One has to wonder not long after the ruling the chief justice of the appellate court step down for unnamed improprieties. How backroom Albany? I would also ask how many of the NYS appellate court justices that ruled on this case are members of NYS environmental groups or have ties to these groups?
Leaving trash is not unique to snowmobilers. Motorists, campers, hikers, fishermen, skiers, snowshoers, hunters and any other group has their share of slobs. In my experience of outdoor recreational users, campers are the worst. So should we ban camping? Of course not, but using the logic of some here we should!
Awarding money to Protect the Adirondacks does nothing more but line the pockets of the organization and their leaders. It’s a self-feeding loop. And, whose money is it? The Taxpayers, you and I. So, if you can’t get individuals to support your organization through memberships and donations you force them to through lawsuits.
If the DEC and APA took “forever wild” a little more seriously they might find themselves hauled into court less often. Trash was not the issue.
Welcome to the world of NYS politics. You will not find a more wretched hive of scum and villainy that exists in Albany.
I grew up in the Adirondacks and left after college because there were no jobs. When I go home to visit family I pass through billions of trees that are still standing and prospering. What I don’t see are many of the small towns still standing and prospering. At some point, those still living there have to find a balance between keeping a few trees and building infrastructure to support activities that support the local communities.
We xc ski. back country. NOT groomed xc centers. See a lot of nice scenery. Frozen rivers, frosty mtn tops, frozen ponds, lakes. without the snowmobiles trails we would not be able to go far. Hike those same trails in the summer months and you can barely tell they are there, except for the ease of passage. no tough brush, just soft stem weeds. Take away the snowmobile trails and you take away the xc back country skiing and hiking.
I lived in the adirondacks back in the 80’s after the Olympics. There were plenty of apartments & many different kinds of jobs for young people in their 20’s. Now I see with the internet & Amazon not many jobs. Just supermarkets. Lots of tree cutting in towns & lots of second homes today. Rarely do I see the people that own these second homes. STR & ABNB’s bring in lots of vacationers but tghey are not in hotels. Trash on snowmobile trails & hiking trails is excessive. WE need more Rangers to educate people. Our winters are warming too fast & ending too quickly. We don’t need more snow mobile trails or clear cutting for racing courses at Whiteface Mtn. We NEED our trees ! Bill McKibben & Curt Stager both have written extensively about global warming…Lets all start listening to them. Take a walk & smell the roses…..We are so very lucky where we live in the Northeast!
Perhaps someone should also review what’s happening in Saranac Lake with the rail trail. There are now two large parking lots where I’d guess dozens of trees were removed for the “rail trail”. I’m a snowmobiler but respect other users of the trails. There can be a balance of both use, common sense, as well as regulation.
A rather biting irony here is that the snowmobiles, especially the two-stroke ones, are hastening the global warming that will spell their ultimate doom anyway. Given how poor our winters have been in recent years, I seriously doubt that snowmobiling is, or will continue to be, a major driver of winter business.
there needs to be strick enforcement of loud snowmobiles, most newer snowmobiles are not horribly loud and pass by my house with little notice. But there are a few snowmobilers that are outragiously loud and literally wake us up at night when passing by. These riders are just rediculously loud and give all riders a horrendous view by the public.
I have threatened the local snowmobile club to enforce and stop those loud riders or i will close my land off to the snowmobile club use and block the trail. they ride the trail and groom the trails, they are the best inforcers, but there needs to be police enforcement and restrictions enforced. Just like these stupid loud little cars who blast by waking and disturbing the peace. what are they proving but being excrement??
Under what authority does a club in your opinion have the right to stop a sled with loud pipes. Tell me what NY State law permits that! Police do enforce the laws pertaining to loud pipes. Why not pay more in taxes, so the local towns can hire more police, so they can be trained to be ot & about on snowmobiles enforcing the LAWS already on the books!
The snowmobile clubs cannot enforce the law. The landowner must file the complaint and have the police enforce the law. Part of the NYS snowmobile trail program funding goes towards law enforcement on the trails.