Landscape of Hope | 2020-2021 - Adirondack Council

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Landscape of Hope | 2020-2021 - Adirondack Council
Landscape of Hope | 2020–2021
Landscape of Hope | 2020-2021 - Adirondack Council
Reflecting on 2020 and Looking Ahead
  Dear Members and Friends,                         One of those problems that people of                                   In 2020, you and our partners
                                                    all backgrounds and beliefs continue to                                accomplished a great deal on behalf of
  Please accept our sincere thanks for              work on and care about is the overuse                                  the ecological integrity, wild character,
  everything you have done to help                  of and wear and tear on our most                                       and people of the Adirondacks.
  preserve the Adirondack Park. This is a           popular wilderness lands and waters.
  vast landscape filled with fragile niches         Governor Cuomo, the Department                                         Thank You,
  of solace and refuge. In the face of a            of Environmental Conservation and
  global pandemic, economic challenges,             the state Legislature responded by
  systemic racism, polarizing politics, and         recognizing the problem, identifying
  climate change crises, the Park has               recommended changes in management,                                     William C. Janeway
  become more important than ever.                  and by providing additional funding.

                                                                                                                                                                                                                                                                                                                                PHOTO © CARL HEILMAN II/WILD VISIONS INC.
                                                                                                                           Executive Director

  The progress addressing these                     Part of the money to pay for these
  crises in the past few months has                 changes will come from the $300                                                                                                                                                                 Whitney Industries has listed 36,000 acres
  been encouraging. That’s because                  million Environmental Protection                                                                                                                                                                in Long Lake for sale. It is now possible to
  people who love the Adirondacks                   Fund; which will aid both wilderness                                                                                                                                                            permanently protect these lands and waters. The

                                                                                                                                                                                                   CONTENTS
  pulled together. Rather than trying               preservation and the economy.                                                                                                                                                                   Adirondack Council looks forward to working with
  to shut out the rest of the world, the                                                                                                                                                                                                            colleagues in the land trust community and state
  Adirondacks remained a “Landscape                 Please enjoy this annual review of                                                                                                                                                              and local officials to secure the future protection
  of Hope” open to all. The Park remains            elected and appointed officials’ actions                                                                                                                                                        of these lands, listed as priorities in our 2020
  a place where people come together                affecting the Adirondack Park’s clean
  to solve problems and work to make                water and clean air, wildlands, and                                                                                                             2    Letter from the Executive Director         VISION research series and in the NYS Open
                                                                                                                                                                                                                                                    Space Conservation Plan.
  the Adirondacks more welcoming and                communities over the last 12 months.
  inclusive – even if we have to socially           This is the only comprehensive account                                                          William C. Janeway                              5    2020 Report Card
  distance from one another for a while.            of the state of the Park and includes a                                                          Executive Director
                                                    2020 “report card” and 2021 priorities.
                                                                                                                                                                                                    6    The Governor
                                                                                                                                                        @WillieJaneway
                                                                                                                                                                                                    8    State Legislature
                                                                                                                                                                                                    11   The Courts
    Board of Directors          Ethan Friedman
                                Rush Holt
                                                             Staff Members                                  Mary Godnick
                                                                                                            Marketing and Communications Associate
                                                                                                                                                         Ongoing Project
                                                                                                                                                         Consultants
                                                                                                                                                                                                   12    Attorney General
    Chair                       Robert J. Kafin              William C. Janeway
                                                                                                                                                                                                   13
                                                                                                            Julia Goren
    Michael A. Bettmann, M.D.   Lee Keet                     Executive Director                             Adirondack VISION Project Director           Adirondack VISION Project                       Tip of the Hat
                                Eric W. Lawson               Rocci Aguirre                                                                               Tom Woodman
    Vice-Chairs                                                                                             Racey Henderson
    Sarah C. Hatfield           Jerome Page                  Deputy Director and Director of Conservation
                                                                                                                                                                                                   14    Preserve Whitney!
                                                                                                                                                                                                                                                                                                              p.14
                                                                                                            Essex Farm Institute Program Director        Clean Water Initiative
    Laurel Skarbinski           Justin Potter                                                                                                            David J. Miller
                                                             Jackie Bowen                                   Jess Kelley
                                John Reschovsky
    Treasurer
    Daniel J. Ryterband
                                Brian Ruder
                                Kate Russell
                                                             Conservation Associate
                                                             Elaine Burke
                                                                                                            Development Assistant
                                                                                                                                                         Legal Counsel
                                                                                                                                                         Karyn A. Booth, Esq.                      16    Local Government
                                                                                                            Casey Marvell                                Thompson Hine LLP
    Secretary
    Liza Cowan
                                Douglas Schultz
                                Noah Shaw
                                                             Director of Operations
                                                             Kevin Chlad
                                                                                                            Policy Fellow
                                                                                                            Ryan Nerp
                                                                                                                                                         Phil Gitlen, Esq.
                                                                                                                                                         Whiteman Osterman & Hanna LLP
                                                                                                                                                                                                   18    Dept. of Environmental Conservation
                                                                                                                                                                                                                                               Our Mission
                                Douglas Stewart              Director of Government Relations
    Kurt Abrahamson
    Emily M. Bateson
                                Curtis R. Welling
                                Ethan Winter
                                                             Caroline Dodd *
                                                                                                            Seasonal Research Associate
                                                                                                            Deborah J. Pastore
                                                                                                                                                         Scott B. Goldie, Esq.
                                                                                                                                                         Conboy, McKay, Bachman, and Kendall LLP
                                                                                                                                                                                                   21    Adirondack Park Agency
                                                                                                                                                                                                                                               The mission of the Adirondack Council is to ensure the
    Mary Bijur                                               Seasonal Research Associate
    David E. Bronston                                        Diane Fish
                                                                                                            Development Director
                                                                                                            John F. Sheehan
                                                                                                                                                         Matthew Melewski, Esq.,
                                                                                                                                                         The Boutique Firm
                                                                                                                                                                                                   23    Federal Government                    ecological integrity and wild character of the Adirondack
    Charles D. Canham, Ph.D.                                 Senior Advisor
                                                                                                            Director of Communications                                                                                                         Park for current and future generations.
    Ann E. Carmel
    Georgina Cullman, Ph.D.
                                                             J. A. Tyler Frakes
                                                             Membership Director
                                                                                                            Charlotte Staats *
                                                                                                                                                         Bernard Melewski, Esq.
                                                                                                                                                         J. Michael Naughton, Esq.
                                                                                                                                                                                                   25    Other Agencies
    Thomas Curley                                                                                           Executive and Program Assistant
                                                                                                                                                                                                                                               Written and Edited by Adirondack Council Staff
    Philip R. Forlenza                                       Lisa M. Genier
                                                             Program Analyst                                * Clarence Petty Intern
                                                                                                                                                         Young/Sommer
                                                                                                                                                                                                   26    Awards                                View online at: AdirondackCouncil.org
                                                                                                                                                                                                                                               Copyright 2020 - Adirondack Council
                                                                                                                                                                                                   27    2021 Priorities                       Cover: Lake George from Cat Mountain PHOTO © CARL HEILMAN II/WILD VISIONS INC.

2 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                                              STATE OF THE PARK 2020–2021 3
Landscape of Hope | 2020-2021 - Adirondack Council
2020
  ABOUT                                                                                                            REPORT
  THE PARK                                                                                                         CARD
                                                                                                                                                                                                                                PHOTO © CARL HEILMAN II/WILD VISIONS INC.

  The Adirondack Park is the world’s largest intact temperate deciduous
  forest. It is also the largest park in the contiguous United States. It contains
  six million acres (9,300 square miles), covers one-fifth of New York State                                       Elected and appointed government leaders made decisions late in 2019
  and is equal in size to neighboring Vermont. The Adirondack Park
  is nearly three times the size of Yellowstone National Park.                                                     and in 2020 that affected the legacy of the Adirondacks. Here is a
  More than half of the Adirondack Park is private land, devoted                                                   report on the 2020 State of the Park priorities (issued Sept. 2019).
  principally to hamlets, forestry, agriculture, and open-space
  recreation. Nearly 775,000 acres are protected
  from development by conservation easements                                                                               Defend the East’s                            Protect Clean Water and                       Support Working Forests
  held by the state or private organizations. The                                                                          Greatest Wilderness                          Reduce Road Salt Pollution                    and Farms
  Park is home for 130,000 permanent and 200,000
                                                                                                                   The Governor recognized the problem          The state provided a total of $1 billion      The state recognized the need for but
  seasonal residents in 120 hamlets and 9 villages.
                                                                                                                   of overuse. The state dedicated more         this year for clean water grants to           did not significantly improve incentives,
  The Park hosts 12.4 million visitors yearly.
                                                                                                                   funding, reassigned a few Forest Rangers,    communities; provided a larger grant          regulations, funding, or policies to help the
  Nearly half of the Park is publicly owned                                                                        and embraced recommendations to better       for Lake George; and the Senate and           Park’s ecologically sustainable, climate-
  Forest Preserve, protected as “Forever                                                                           preserve world-class wildlands, protecting   Assembly passed bi-partisan legislation       friendly working forests and farms. The state
  Wild” by the NYS Constitution since                                                                              visitor safety, natural resources, and the   to establish a state task force to address    authorized $2.5m for climate-resilient farms,
  1894. About 1.1 million acres of these                                                                           visitor’s opportunity for a wilderness       road salt pollution and keep roads safe.      again, but none for the Adirondack Park.
  public lands are protected as Wilderness,                                                                        experience. A poorly designed amendment
  where non-mechanized recreation may be                                                                           to constitutional protections for “Forever           Strengthen the                                Improve Community
  enjoyed. Most of the public land (more                                                                           Wild” on Cathead Mt. was set aside.
                                                                                                                                                                        Adirondack Park Agency                        Communications
  than 1.4 million acres) is Wild Forest,
                                                                                                                                                                The Governor and Senate get credit for        The state did not require telecom
  where motorized uses are permitted on                                                                                    State: Combat Climate                agreeing on a new, improved full slate        companies to provide universal
  designated waters, roads and trails.                                                                                     Change and Acid Rain                 of nominees to the APA board, including       broadband access in the Park; or
  Plants and wildlife abound in the Park. Old                                                                      New York dedicated new funds and             new and returning board members               improve cell coverage with incentives for
  growth forests cover more than 100,000                                                                           staff for and started to execute the         with needed expertise. However, while         “substantially invisible” infrastructure in
  acres of public land. The western and                                                                            Climate Leadership and Community             the Agency can function, it has not           communities and on major highways.
  southern Adirondacks are gentle landscapes                                                                       Protection Act; fought acid rain in court;   indicated that it is stronger and remains
  of hills, lakes, wetlands, ponds, and streams. In                                                                promoted clean energy and closed the         underfunded, understaffed, and ill-equipped           Expand
  the northeast are the forty-six High Peaks. Forty-                                                               state’s last coal-fired power plant.         with outdated conservation tools.
                                                                                                                                                                                                                      Conservation Funding
  three of them rise above 4,000 feet and 11 have
                                                                                                                                                                                                              The state authorized expanded funding
  alpine summits that rise above the timberline.                                                                           Federal: Combat Climate                      Update Invasive
                                                                                                                                                                                                              including a $3-billion “Restore Mother
  The Adirondacks include the headwaters of                                                                                Change and Acid Rain                         Species Protections                   Nature Bond Act” and a $300 million
  five major drainage basins. Lake Champlain and                                                                   The Trump administration policy changes      The state extended, but did not strengthen,   Environmental Protection Fund together
  the Hudson, Black, St. Lawrence, and Mohawk Rivers all                                MAP KEY                    at the Environmental Protection Agency       the law against the transport of invasive     protecting pure water, air, wildlife,
  draw water from the Adirondack Park. Within the Park are                                                         rolled back progress combating climate       species; advocates have another year to       and wildlands, and addressing climate
  more than 2,800 lakes and ponds, and more than 1,500 miles                         Public Forest Preserve        change and acid rain. The Adirondack         persuade state leaders to require that        change, overuse and pollution. In an
  of rivers, fed by an estimated 30,000 miles of brooks and streams.                                               Council and others successfully challenged   boats and trailers be decontaminated          historic action, Congress fully funded the
                                                                                     Private Land
                                                                                                                   some of these changes in court.              at state inspection stations prior to         Land and Water Conservation Fund.
  Through public education and advocacy for the protection                           State Conservation Easement                                                launch in Adirondack waters.
  of the Park’s ecological integrity and wild character, the
  Adirondack Council advises public and private policymakers                         Waterbodies
  on ways to safeguard this great expanse of open space.
                                                                                     Select Communities

4 ADIRONDACK COUNCIL                                                                                                                                                                                                              STATE OF THE PARK 2020–2021 5
Landscape of Hope | 2020-2021 - Adirondack Council
Great Plan, Who’s                                Says Goodbye, Good                              Cleaning Up

  THE                                                                                                                                                                    Doing the Work?
                                                                                                                                                                 Despite advances in planning and policy
                                                                                                                                                                 objectives, the Governor’s commitment
                                                                                                                                                                                                                          Riddance to Coal
                                                                                                                                                                                                                  Governor Cuomo closed the last coal-fired
                                                                                                                                                                                                                  power plant in New York in March, retiring
                                                                                                                                                                                                                                                                          the Queen
                                                                                                                                                                                                                                                                 The Governor added $9.4 million to a

  GOVERNOR
                                                                                                                                                                                                                                                                 $3-million Water Infrastructure Improvement
                                                                                                                                                                 to controlling overuse and overcrowding          Somerset Station on the shore of Lake          Act grant to the Village of Lake George, plus
                                                                                                                                                                 on the Forest Preserve can only come             Ontario in Barker, Niagara County. The         a Department of Environmental Conservation
                                                                                                                                                                 to fruition through the deployment               675-megawatt plant was opened by New           $2.5-million Water Quality Improvement
                                                                                                                                                                 of adequate personnel. So far, he has            York State Electric & Gas Corp. in 1983.       Project grant, bringing the total state
                                                                                                                     PHOTO © CARL HEILMAN II/WILD VISIONS INC.
                                                                                                                                                                 rearranged the Forest Ranger force, but          The Town of Somerset plans a park on part      investment to $14.9 million in a new sewage
                                                                                                                                                                 has not added the positions needed to            of the 1,800-acre parcel. Coal-fired power     treatment system. The remaining cost of the
          Steady at                              pressures on the state budget this year. Given   for planning how the state will comply with                    carry out their work. More Forest Rangers,       plants are a primary source of acid rain.      project will be covered by a zero-interest loan
                                                 its potential for local economic stimulation,    the requirements of the Climate Leadership                     planners, land managers, trail crews,                                                           from the Environmental Facilities Corporation.
          the Helm                                                                                                                                               scientists, and engineers are still needed.
                                                 the Adirondack Council urges the Governor        and Community Protection Act of 2019. The                                                                               Seeking Diversity in                   This investment will result in a total savings
  Gov. Andrew Cuomo’s handling of the            and Legislature to pass and present a new        Act, which is the most ambitious climate law                                                                                                                   to village taxpayers of nearly $25 million.
  Coronavirus pandemic was a master
                                                                                                                                                                                                                          Troubled Times
                                                 bond to the voters as soon as possible.          in the country, requires New York to reduce                            Park Agency Nominees
  class in public administration. He calmly                                                       economy-wide greenhouse gas emissions                                                                           For the second year in a row, the final
  confronted the reality of
                                                                                                                                                                         Slate Much Improved                      budget included $250,000 for the
                                                         Overuse Task Force:                      by 40 percent by 2030, and by at least 85
  a wave of infections that                                                                       percent by 2050 (based on 1990 levels).                        In June, the Governor nominated a full           Adirondack Diversity Initiative (ADI), which
  flooded into New York                                  Strong Actions Needed                                                                                   slate of candidates for the Adirondack           seeks to make the Adirondack Park a
  City from Europe, while                        In November 2019, Governor Cuomo and the                                                                        Park Agency (APA) board that included            more welcoming, diverse, equitable, and
  repeating a message of
                                                                                                          Investing in                                           individuals with experience in environmental     just place for visitors and residents alike.
                                                 Department of Environmental Conservation
  unity and perseverance.                        (DEC) created a task force to develop                    the Future                                             law, science, planning, and wilderness           Nicole Hylton-Patterson of the Bronx was
  His daily briefings were a                     plans to address the ecological, public          In his proposed budget, the Governor did                       preservation. Nominated and confirmed by         hired in 2019 as the ADI’s first executive
  reassuring source of calm                      safety, and community issues associated          not seek to reduce the amount committed                        the Senate were environmental scientist          director. She works for the Adirondack
  for listeners from coast                       with overuse on the Park’s most popular          to environmental projects through the                          Zoe Smith, former Supervisor for the Town        North Country Association, a not-for-profit
  to coast, which stood in            CUOMO      trails. Released in June 2020, the group’s       Environmental Protection Fund (EPF).                           of Fine Mark Hall, Supervisor for the Town       community- and economic-development
  stark contrast to voices in                    initial report called for limits in trail and    In a difficult state budget year, the EPF                      of Johnsburg Andrea Hogan, and retired           organization, and is also supported by a
  Washington. Overall, he led the state from                                                                                                                     Central New York Regional Director for the       team of volunteers. When Hylton-Patterson      Beachgoers are greeted with a warning of
                                                 parking capacity (beginning with a pilot         remained at $300 million during budget
                                                                                                                                                                                                                                                                 elevated E. coli bacteria in Lake George.
  the highest rates of infection to the lowest   project), better sanitation, improved public     negotiations with the Legislature. The                         DEC, and lawyer, Ken Lynch. Re-nominated to      was targeted with hateful racially oriented
  in about two months. He also used this         interaction, and more comprehensive              fund dedicates $31 million for parks and                       new terms were Elk Lake Lodge owner and          graffiti in Saranac Lake in July 2020,
  platform to denounce police brutality and                                                                                                                      environmental philanthropist John Ernst,         the Governor backed up his commitment
                                                                                                                                                                                                                                                                          Reality Calls,
                                                 planning. A more detailed report came            open space. The “state land stewardship”
  call for racial justice and equity.            out in August. Adirondack Council Deputy         part of the EPF increased to $34.4 million                     former Lake Pleasant Town Supervisor Dan         by ordering a criminal investigation.                   Collect
                                                 Director and Director of Conservation Rocci      from $33 million and includes funding for                      Wilt, and Lake Placid resort owner Art Lussi.                                                   In response to calls for better cell phone
          Bonding Economy                        Aguirre is a member of the task force.           the Governor’s effort to curb overuse and                      Wilderness preservation author and college               Smarter Communities                    coverage statewide, the Governor in
                                                                                                  overcrowding in the High Peaks Wilderness                      professor Chad Dawson’s term had not                                                            September 2019 appointed a task force
          to Ecology Cancelled                                                                                                                                                                                            and Visitors
                                                                                                  Area and other popular Forest Preserve                         yet expired at the time of the nominations                                                      to assess the coverage gaps and propose
  In April, the Governor and Legislature
                                                         Panel to Form                                                                                                                                            In the final budget approved by the
                                                                                                  destinations. For the first time in years, the                 but did on June 30, 2020. That leaves                                                           solutions. Rather than seeking a cooperative
  approved a $3-billion Restore Mother                   Climate Plan                                                                                            Dawson as the only member of the board           Legislature and the Governor, the EPF
                                                                                                  budget didn’t include a raid on funds from                                                                                                                     solution, some local Adirondack officials
  Nature Bond Act, ostensibly showing that       In February, Governor Cuomo made the             the Regional Greenhouse Gas Initiative.                        without the protection of a defined term.        included funds to help Park communities.       have pressured the Governor to abandon
  environmental protection can be a source of    final two appointments to his 22-member                                                                                                                          It provides $2 million for community           the state’s successful policy of screening
  economic recovery in these times of social     Climate Action Council, which is responsible                                                                                                                     smart growth grants, of which $600,000
                                                                                                                                                                         Agency Rules Antiquated,                                                                cell towers and other tall structures from
  and financial strain. But in late July, the                                                                                                                                                                     was slated for Adirondack communities.         view (adopted February 2002). Officials
  Governor withdrew it from consideration
                                                                                                                                                                         Staff Decimated (x2)                     Also included is more than $10 million for     claimed that the Adirondack Park had been
  by the voters, citing a lack of federal           “There’s a real question of                                                                                  The Governor didn’t strengthen the               Climate Smart Communities, plus another        left behind when it comes to coverage, while
  support during the COVID-19 crisis and a          what’s the maximum use                                                                                       Adirondack Park Agency’s outdated rules for      $4.5 million for “Climate Resilient Farms.”    the rest of Upstate was connected. The
  faltering economy. If it had been approved                                                                                                                     development, nor did he replace the staff lost   Funding for invasive species controls          task force quickly dispelled those notions.
  by voters in the November election, the
                                                    of the resources without                                                                                     to budget cuts made more than a decade ago,      remained at just over $13 million and          It studied the costs of better cell coverage
  Bond Act could have provided capital              damaging the resources                                                                                       during the Great Recession. Environmental        Lake George will get $450,000, as it did       across Upstate New York and found it would
  projects funding to address climate change,       and a balance between                                                                                        science has advanced significantly since         in 2019. The EPF provided $300,000 split       require $633 million to fill coverage gaps
  clean water, overcrowding/overuse on the          tourism, economic                                                                                            the Agency’s regulations were last updated       between the Paul Smith’s and Newcomb           outside of the rough terrain and sparse
  Forest Preserve, and created jobs. State                                                                                                                       in 1987. The APA had 72 employees under          Visitor Centers, and $2.1 million to           populations of the Adirondacks and Catskills.
  investments in clean water would bring new
                                                    development and                                                                                              Gov. George Pataki. Today it has 54.             promote local culture, trails, and parks in    It has not reported an estimate for the
  filtration and treatment plants and much-         preservation is needed.”                                                                                                                                      Warren, Essex, and Hamilton counties.          cost of full coverage inside the two parks.
  needed relief to local property taxpayers.                                                                                                                                                                                                                     Fixing the problem Park-wide will require
  The COVID-19 crisis has placed unusual
                                                    - Governor Cuomo addressing overuse                                       PHOTO: NANCIE BATTAGLIA
                                                                                                                                                                                                                                                                 special funding and state supervision.

6 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                                   STATE OF THE PARK 2020–2021 7
Landscape of Hope | 2020-2021 - Adirondack Council
North Country Association, has a new                     Lifting a                                Assemblywoman Didi Barrett that enhances

  STATE                                                                                                                                                               executive director, Nicole Hylton-Patterson
                                                                                                                                                                      of the Bronx. She hopes the organization
                                                                                                                                                                      can help make the Adirondack Park a more
                                                                                                                                                                                                                               Legal Stigma
                                                                                                                                                                                                                       Sen. Peter Harckham, D-South Salem,
                                                                                                                                                                                                                                                                        protections for certain endangered
                                                                                                                                                                                                                                                                        species. Currently, there are many
                                                                                                                                                                                                                                                                        endangered species that would be at

  LEGISLATURE
                                                                                                                                                                      welcoming and just place for visitors and        and Assemblywoman Didi Barrett,                  risk of losing protection if the United
                                                                                                                                                                      residents. Several Adirondack communities        D-Poughkeepsie, introduced legislation that      States Department of Interior were to
                                                                                                                                                                      held vigils and protest marches in June          would remove a significant                       remove species from its list of protected
                                                                                                                                                                      to denounce police violence and systemic         barrier for those seeking                        species. This legislation would provide
                                                                                                                                                                      racism following the murder of George Floyd      to sell a conservation                           New York State the authority to review
                                                                                                                          PHOTO © CARL HEILMAN II/WILD VISIONS INC.   in Minnesota and subsequent protests.            easement to the state that                       these actions prior to a species losing
                                                                                                                                                                                                                       includes public recreation                       its protection and make a decision in the
  BOTH HOUSES                                        which increased to $34.4 million from                       Low Sodium Diet                                              Coming for a                             on private property. The                         best interest of its wildlife. The legislation
                                                     $33 million. An additional, $1.2 million for                                                                             Firsthand Look                           bill would remove any                            is pending the Governor’s signature.
                                                                                                                 for Adirondacks                                                                                       liability for landowners
                                                     “Essex County Overuse” was included in the
                                                                                                         Sen. Tim Kennedy, D-Buffalo and Sen.                         Environmental Conservation Committee
          Acting to Preserve the                     land protection and management funding                                                                                                                            and leaseholders arising
                                                                                                                                                                                                                                                                                Closing a
                                                                                                         Elizabeth Little, R-Queensbury, joined with                  Chairs Englebright and Kaminsky made             from injuries by those
          Environment & Create Jobs                  for the Adirondack Forest Preserve.
                                                                                                                                                                      special trips to the Adirondack Park
                                                                                                                                                                                                                                                        HARCKHAM
                                                                                                                                                                                                                                                                                Loophole
                                                                                                         Assemblymen Billy Jones, D-Chateaugay,                                                                        using hiking trails on
  In April, the Legislature approved a $3-billion                                                        and Daniel Stec,                                             following the 2019 Legislative Session           properties covered by a conservation
                                                             Invasive Species Transport                                                                                                                                                                                 Both houses passed legislation (A.2655/
  Restore Mother Nature Bond Act. The Bond                                                               R-Queensbury, to pass                                        to better understand issues facing the           easement. Conservation easements                 S.3392) sponsored by Assemblyman
  Act would have provided capital projects                   Law Extended to 2021                        the bipartisian “Randy                                       Park and its communities. Both know and          are agreements in which landowners               Steven Englebright and Senator Rachel
  funding to address climate change, clean           Senate Environmental Conservation                   Preston Road Salt                                            value the Adirondacks and the laws that          give up certain property rights (such as         May, that will regulate oil
  water, and overuse on the Forest Preserve.         Chair Todd Kaminsky, D-Long Beach, and              Reduction Act.” This                                         protect its natural resources. They met          development and recreation rights) but           and natural gas waste in
  State investments in clean water would             his counterpart in the Assembly Steven              legislation aims to reduce                                   with environmental organizations, Park           retain ownership of the land and the rights      New York as “hazardous
  bring new water purification and treatment         Englebright, D-Setauket,                            road salt contamination                                      residents, local officials, and visited local    to farm, harvest timber, etc. Some potential     waste.” Despite New
  plants, and the people to run them. Clean          agreed to a one-year                                in wells, especially                                         businesses. They also found time to unwind       sellers have been reluctant to include           York’s ban on high-volume
  energy investments would mean new jobs             extension of the law                                along state highways                                         in the woods, on the water, and on the trails.   recreational rights in their agreements due      hydraulic fracturing,
  building, improving and maintaining solar,         banning the transport of                            in the Adirondacks.               KENNEDY                                                                     to concerns over personal injury lawsuits.       there was a loophole
  wind, and hydro-power facilities. Energy           invasive species from one                           It would establish the                                                                                                                                         which did not regulate
  conservation projects bring new jobs in            waterbody to another. The                           Adirondack Road Salt                                                                                                  May, Fahy Adapt                          the transportation,
  building and installing modern heating and         ban requires boaters to                             Reduction Task Force and
  cooling equipment, and in buttoning up
                                                                                                                                                                                                                               FDR’s Playbook                           treatment, storage and          ENGLEBRIGHT
                                                     ensure that their crafts                            direct the departments                                                                                                                                         disposal of oil and natural
  leaky, older buildings. Bond Act monies could      are clean, drained, and                             of Transportation,                                                                                            In an attempt to help jumpstart the
                                                                                                                                                                                                                                                                        gas waste as “hazardous waste.” The new
  also be used for much needed recreational          dry before entering state                           Environmental                                                                                                 economy in the wake of the COVID-19
                                                                                      KAMINSKY                                                                                                                                                                          law will ensure toxic and harmful oil and
  facilities as part of a comprehensive plan to      waters. The law was set to                          Conservation, and                                                                                             pandemic, Sen. Rachel May, D-Syracuse,
                                                                                                                                                                                                                                                                        natural gas waste is handled with the utmost
  combat overuse. In July, Gov. Andrew Cuomo         expire in 2019 but was extended to 2020 by          Health to conduct a                                                                                           and Assemblywoman
                                                                                                                                                                                                                                                                        caution and does not contaminate New
  withdrew the Bond Act from consideration by        a similar agreement. It is now set to expire in     three-year, road salt                                                                                         Patricia Fahy, D-Albany,
                                                                                                                                                                                                                                                                        York’s air and water. The Governor signed
  voters, citing a lack of federal aid during the    June of 2021. This allows advocates such as         reduction pilot program                                                                                       sponsored a bill to create
                                                                                                                                             JONES                                                                                                                      the legislation into law in August making
  COVID-19 crisis and a sagging state economy.       the Adirondack Council another opportunity          on every state road in the                                                                                    a new Works Progress
                                                                                                                                                                                                                                                                        New York the first in the Nation to close
                                                                                                         Park. Recent testing by the Adirondack                       L-R: Kaminsky, Janeway & Englebright             Administration in New
                                                     to seek an amendment that requires boat                                                                                                                                                                            the hydraulic fracturing waste loophole.
          New Funds                                  inspections prior to launch, throughout             Watershed Institute at Paul Smith’s College                                                                   York. The program would

          for Wilderness                             the Adirondack Park. The state has already          showed that 64% of tested drinking water                             Strengthening Regional                   put people to work on
                                                                                                                                                                                                                       much needed public                                       More Work Needed
                                                     created a network of free boat inspection           wells downhill from state roads were                                 Food Systems
  In a difficult state budget year, the
                                                     and decontamination sites around the Park.          found to have sodium levels exceeding                                                                         infrastructure projects,                                 on Key Issues
  Legislature approved a $300-million                                                                                                                                 Assembly and Senate Agriculture Committee        which would aid the
                                                                                                         the federally recommended health limit                                                                                                           FAHY          In a year overshadowed by the COVID-19
  Environmental Protection Fund (EPF). The                                                                                                                            Chairs, Donna Lupardo, D-Binghamton,             economy and conservation
                                                                                                         of 20 parts per million. The legislation                                                                                                                       pandemic and the massive call to action for
  final budget agreement also removed a                                                                                                                               and Jen Metzger, D-Middletown, sponsored         at the same time. Areas of concentration
                                                                                                         now requires the Governor’s approval.                                                                                                                          racial justice, lawmakers had their hands full.
  provision that would have paid state staff                                                                                                                          legislation to establish New York State          would include: contact tracing, conservation     Still, there are several issues the Legislature
  salaries from the EPF, which is reserved                                                                                                                            Food Supply Working Group. The legislation       and climate change projects, projects to
                                                                                                                 Budget Boosts Adirondack                                                                                                                               should take action on if it comes back to
  for capital projects only. For the first time                                                                                                                       (A.10607-A/ S.8561-A) is designed to improve     boost New York’s creative economy, and           session in 2020. They include bills that
  in several years, the budget didn’t include                                                                    Diversity Effort                                     the resiliency of New York’s food supply         projects that enhance the agricultural sector.   would create incentives for better private
  a raid on the Regional Greenhouse Gas                                                                  Understanding that diversity, equity, and                    chain as the COVID-19 pandemic exposed
                                                                                                                                                                                                                                                                        forest and farm management, legislation to
  Initiative. In addition to $31 million for parks                                                       inclusion are important in every corner                      areas for opportunity. Through a stakeholder            Protecting                                address the misuse of ATVs and UTVs, and a
  and open space, the fund is slated to pay                                                                                                                           process the working group is looking to
                                                                                                         of the state, the Legislature approved the                                                                           Endangered Species                        law to prevent the destruction of the Park’s
  for parts of the Governor’s effort to curb                                                             $250,000 proposed by the Governor this                       reduce the vulnerability of New York’s food
                                                                                                                                                                                                                       Both houses passed legislation (S.8750/          most sensitive private wildlife habitat, via
  overuse and overcrowding in the High Peaks                                                             year for the Adirondack Diversity Initiative                 supply chain and strengthen regional food
                                                                                                                                                                                                                       A.4077-A) sponsored by Senate EnCon              new, conservation-minded subdivision rules.
  Wilderness Area and other popular Forest           A boat steward inspects a motorboat before launch   (ADI). The ADI, a program of the Adirondack                  systems. The legislation passed both houses
  Preserve trails via “state land stewardship,”                                                                                                                       and is pending the Governor’s signature.         Committee Chair Todd Kaminsky and

8 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                                        STATE OF THE PARK 2020–2021 9
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SENATE                                            ASSEMBLY                                            Protection Fund, insisting that it remain
                                                                                                        funded at $300 million or more, while also

                                                                                                                                                       THE
                                                                                                        ensuring that it included funding to relieve
         Bond Act Would Benefit                            On the                                       overuse and overcrowding on popular
         Economy & Environment                             Soap Box                                     trails in the Adirondack Forest Preserve.

                                                                                                                                                       COURTS
  Senator Kaminsky and Majority Leader              Assembly Environmental Conservation
  Andrea Stewart-Cousins, D-Yonkers,                Chairman Englebright and Speaker Carl                        For ATVs,
  championed the passage                            Heastie, D-Bronx, led their                                  Bigger Isn’t Better
  of the Restore Mother                             support of the $3-billion                           Assemblyman John Salka, R-Oneida,
  Nature Bond Act, guiding                          Restore Mother Nature                               sponsored a bill that would allow dune-
  it to easy approval in                            Bond Act, guiding it to                             buggy-like Utility Task Vehicles (UTVs) to                                                                                                                             PHOTO © CARL HEILMAN II/WILD VISIONS INC.
  their house. The Bond                             easy approval in their                              be registered for use for the first time in
  Act would have helped                             house. The Bond Act                                                                                                                                  required under the Clean Air Act. Since             Sadly, the court deemed this use by a few
                                                                                                        New York. The bill would raise the current             Federal Court Upholds
  both the economy                                  would have helped both                                                                                                                               September 2017, the Trump administration            hundred people a year to be essentially
                                                                                                        weight limit for all-terrain vehicles (ATVs)           Anti-Pollution Rule                       refused to enforce the “Good Neighbor”              the same as allowing anyone to use it.
  and the environment                               the economy and the                                 eligible for registration from 1,000 to
  by financing projects                             environment by financing                                                                           In September 2019, the U.S. Court of              policy. The Council was a party in this case.       There are tens of thousands of registered
                                                                                                        1,500 pounds. The current limit ensures
  that create jobs and          STEWART-COUSINS     projects that create jobs         HEASTIE                                                          Appeals for the District of Columbia upheld                                                           snowmobile users within a half-day’s drive
                                                                                                        that only smaller (up to two riders) ATVs
  sustain eco-tourism while                         and sustain eco-tourism                                                                            a strengthened version of the Cross-State                                                             of this site. The DEC relied on an exception
                                                                                                        are allowed on public lands. The higher
  improving water quality, preventing               while improving water quality, preventing                                                          Air Pollution Rule. This rule is a landmark                                                           to the Wild, Scenic, and Recreational Rivers
                                                                                                        weight limit would permit much larger
  erosion, and protecting wildlife habitat.         erosion, and protecting wildlife habitat (See                                                      emission standard under the Clean Air Act’s                                                           Act that allows existing uses to continue.
                                                                                                        UTVs (a.k.a. side-by-sides) which can hold
  In July, Gov. Andrew Cuomo withdrew the           Acting to Preserve the Environment & Create                                                        “Good Neighbor” policy, designed to protect                                                           The Council was a party in this case.
                                                                                                        up to six riders and do more damage to
  Bond Act from consideration by voters.            Jobs on pg 8). They also rallied support                                                           downwind states such as New York from
                                                                                                        roads and trails than smaller ones.
                                                    in their chamber for the Environmental                                                             coal-fired air pollution from upwind states. It                                                               Federal Court Initially
                                                                                                                                                       reduces sulfur dioxide and nitrogen oxides,
          Eyesores Won’t                                                                                                                                                                                                                                             Misapplies Pollution Rule
                                                                                                                                                       and the resulting soot, smog, and acid rain.
          Improve Coverage                                                                                                                             The U.S. Environmental Protection Agency                                                              In May, the U.S. Court of Appeals for the
  In late 2019 and 2020, Senator Little joined         Senator Little Retires                           Farewell to Eco-                               estimates this rule will prevent more than                                                            District of Columbia incorrectly deferred
  with some local Park officials in a call to                                                                                                                                                                                                                to the U.S. Environmental Protection
                                                       State Senator Elizabeth Little, R-Queensbury,    Champion Brodsky                               67,000 asthma attacks each year and will
  abandon the Adirondack Park Agency’s                                                                                                                 provide American families with over $12 in                                                            Agency (EPA) when it rejected Maryland’s
                                                       will retire from the Senate at the completion    Retired long-time Assembly Environmental                                                                                                             and Delaware’s appeals for protection
  (APA) successful policy of concealing cell                                                                                                           health benefits for every dollar invested.
                                                       of her term on December 31, 2020. She has        Conservation Committee Chairman Richard                                                                                                              from upwind air pollution. Coal-fired
  towers from view. Making towers taller and                                                                                                           The Council was a party in this case.
                                                       represented the 45th                             Brodsky – winner of the Adirondack Council’s                                                                                                         smokestacks on 36 power plants upwind of
  uglier won’t help expand coverage. Contrary
                                                       District since 2003.                             Legislator of the Year and Conservationist                                                                                                           these states cause acid rain all year long.
  to complaints, cell companies report                                                                                                                         Court Orders Trump EPA
                                                       Little previously served                         of the Year awards                                                                                                                                   Each plant has pollution controls installed
  that the APA’s standard has not delayed
                                                       seven years in the                               -- passed away in April                                to Protect NY, NJ                                                                             to curb sulfur- and nitrogen-based smoke.
  deployment of towers. Most locations with
                                                       State Assembly after                             of 2020. A Democrat                            In July, the U.S. Court of Appeals for the                                                            However, those controls aren’t sufficient
  limited cell coverage lack sufficient potential
                                                       having been elected in a                         from Greenburgh in                             District of Columbia told the Environmental                                                           in spring and summer to prevent nitrogen
  subscribers to attract vendors. Newer
                                                       special election in 1995                         Westchester County,                            Protection Agency (EPA) that they must                                                                pollution from mixing with heat and
  technologies that will allow more coverage
                                                       to represent the 109th                           Brodsky served in                              carry out their obligation to stop states                                                             sunlight to create smog. So these plants
  of communities and travel corridors use
                                                       District. When Senator                           the Legislature from                           from allowing smog-causing air pollution                                                              also have a second set of controls that
  equipment that doesn’t require stand-alone                                                                                                                                                             Wild and remote section of the Upper Hudson River
                                                       Ron Stafford announced               LITTLE      1983 to 2010. Brodsky                          emissions to blow into New York and New                                                               they must turn on, but only when the EPA
  towers. Deployment of these technologies                                                                                                                                                               PHOTO © CARL HEILMAN II/WILD VISIONS INC.
                                                       his retirement in 2002,                          helped create the                              Jersey, preventing us from meeting air                                                                orders them to. Prior EPA administrators
  in rural areas may require state incentives.
                                                       Little ran for and won the State Senate          Environmental Protection          BRODSKY      quality standards. The ruling is expected                                                             routinely granted petitions from states
                                                       seat. Little said her greatest legislative       Fund (1993) and the Clean                                                                                    NY High Court Weakens
                                                                                                                                                       to prevent thousands of premature deaths,                                                             seeking relief from upwind pollution. But
                                                       achievement has been the approval of             Water Clean Air Bond Act (1996) as well as     due to lung diseases, and it will also help
                                                                                                                                                                                                                     Wild River Protections                  in 2017, the Trump administration began
                                                       five state Constitutional Amendments to          legislation to curb acid rain and discourage   to curb acid rain. Under the Clean Air Act’s      The NYS Court of Appeals misinterpreted             denying all such petitions and started
                                                       address matters specific to the Adirondack       New York power plants from selling pollution   “Good Neighbor” policy, it is illegal for         state law when it ruled 4-3 that the Dept.          requiring downwind states to meet an
                                                       Park. In each case, she collaborated with        allowances to upwind coal-fired power          any state to create enough air pollution          of Environmental Conservation (DEC) could           unreasonable and unscientific burden in
                                                       the Adirondack Council to ensure the             plants. Brodsky was a candidate for state      that it causes a public health hazard in a        open a new public snowmobile trail on               proving harm. New York, Connecticut, and
                                                       amendment would meet with the approval of        attorney general in 2006 and 2010. Brodsky     downwind state. The court agreed that NY          a formerly private road next to a “Wild”            New York City filed similar petitions in 2017.
                                                       conservationists and citizens statewide. The     dropped out of the 2006 race to be a kidney    and NJ receive excess summertime smog             section of the Upper Hudson River. Wild river       The Council was a party in this case. The
                                                       45th Senate District includes six counties,      donor for his then 13-year-old daughter.       from 350 coal-fired power plants and other        corridors are supposed to be managed as             victory in the New York case effectively
                                                       two cities, 83 towns, 20 villages and the U.S.   He retired from public office in 2010.         sources in nine different states. It also         motor-free Wilderness. Prior to the state’s         reversed the loss in this case.
                                                       portion of Akwesasne, the indigenous Mohawk                                                     agreed that the EPA should be ordering            purchase, the Chain Lakes Road in Indian
                                                       Nation that straddles the Canadian border.                                                      those plants to turn on their already-            Lake was used for snowmobiling only by
                                                                                                                                                       installed summertime smog controls, as            private club members and their guests.

10 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                            STATE OF THE PARK 2020–2021 11
Landscape of Hope | 2020-2021 - Adirondack Council
ATTORNEY                                                                                                                                                                  TIP OF
  GENERAL                                                                                                                                                                   THE HAT
                                                                                                                                PHOTO © CARL HEILMAN II/WILD VISIONS INC.

             James Lawsuit                                                                                                                                                  PARTNER CONTRIBUTIONS                                                                        In 2019, the Ausable River Association
                                                                                                                                                                                                                                                                         completed a three-year rehab project to
             Will Save Lives                                                                                                                                                Each year the Adirondack Council                                                             repair trout habitat on the Dream Mile
  Attorney General Letitia James saved many                                                                                                                                 recognizes individuals and not-for-profit                                                    between Wilmington and Black Brook. The
  lives when she persuaded the three-judge                                                                                                                                  organizations whose work has advanced                                                        Association also warned that Mirror Lake
  panel of U.S. Court of                                                                                                                                                    environmental protection and shown how                                                       had become so contaminated by road salt,
  Appeals for the District                                                                                                                                                  nature and people can thrive together in                                                     it was no longer turning over in the spring
  of Columbia in July                                                                                                                                                       the Adirondack Park.                                                                         and fall, which will lead to an oxygen-
  to issue a unanimous                                                                                                                                                                                                                                                   depleted dead zone at the bottom.
  decision to force the U.S.                                                                                                                                                In October, the Adirondack Mountain
  Environmental Protection                                                                                                                                                  Club hired Michael Barrett, an attorney                                                      The Adirondack Land Trust paid $200,000
  Agency (EPA) to protect                                                                                                                                                   who served in the NYS Assembly Codes                                                         for five acres on Indian Carry and Indian
                                                                                                                                                                                                                          Oxbow on the Raquette River, Tupper Lake
  New York and New Jersey                                                                                                                                                   Committee and for two governors, to                                                          Point on Upper Saranac Lake, which will be
                                                                                                                                                                                                                          PHOTO © CARL HEILMAN II/WILD VISIONS INC.
  from smog emitted by                                                                                                                                                      replace a retiring Neil Woodworth as                                                         added to the Saranac Lake Wild Forest Area
  other states. Under the             JAMES                                                                                                                                 Executive Director.                           In November 2019, the Wild Center              of the publicly-owned “Forever Wild” Forest
  “Good Neighbor” policy in                                                                                                                                                                                               published a tool kit that will allow others    Preserve.
                                                                                                                                                                            The Adirondack Diversity Initiative (ADI)
  the Clean Air Act, it has been illegal since                                                                                                                                                                            to duplicate its successful Youth Climate
                                                                                                                                                                            hired Nicole Hylton-Patterson as its first
  1990 for any state to emit enough smog-                                                                                                                                                                                 Summits.
                                                                                                                                                                            Executive Director.
  causing air pollution to cause a public
  health risk in another state. The court said                                                                                                                                                                            In the face of economic pressure brought
  the EPA was obligated to force more than        Junk oil-tanker cars lay idle next to the Boreas River in the heart of the Adirondack Park - After                                                                      by New York’s free tuition program at SUNY
  350 power plants in nine upwind states to       public outrage the junk cars were removed by owners Iowa Pacific in the spring of 2018                                                                                  colleges in 2019, Clarkson University
                                                  PHOTO: BRENDAN WILTSE
  turn on already-installed pollution controls.                                                                                                                                                                           moved its Adirondack Semester program
  The EPA estimates that the summer smog                                                                                                                                                                                  out of downtown Saranac Lake and on to
  controls prevent thousands of premature                    Reclaiming Railroad                                     Suing to Save Water,                                                                                 the Paul Smith’s College campus, helping
  deaths each year in the Northeast, most                    Through ‘Abandonment’                                   Birds, and Amphibians                                                                                both private institutions.
  of them in NYC and NJ and help prevent a        Attorney General Letitia James’ staff                    In May 2020, the Attorney General
  return of acid rain. The Trump administration                                                            sued the Trump administration over its                                                                         In October 2019, the Adirondack North
                                                  pressed ahead with efforts to persuade
  was the first to refuse relief to New York.                                                              weakening of the Clean Water Act. This                                                                         Country Association launched a new             Upper Saranac Lake
                                                  the U.S. Surface Transportation Board to
                                                                                                           Act regulates water quality by making it                                                                       grant to fund projects ($2,500 to $45,000)     PHOTO © CARL HEILMAN II/WILD VISIONS INC.
                                                  declare a section of railroad “abandoned”
                                                                                                                                                                            L-R: ADI Executive Director Nicole Hylton-    designed to strengthen local farms, food
                                                  between North Creek and Tahawus. The                     illegal to discharge pollutants into U.S.
                                                                                                                                                                            Patterson and DEC Commissioner Basil Seggos   entrepreneurs, food hubs, and cooperatives.    In the summer of 2019, a state boat
                                                  designation would prevent future rail car                waters without a permit. The changes
                                                                                                                                                                                                                                                                         launch steward trained by the Adirondack
                                                  junkyards on the site by taking control away             the Trump administration finalized in                            The Adirondack Foundation and
                                                                                                                                                                                                                                                                         Watershed Institute stopped an infestation
                                                  from Iowa Pacific Holdings of Chicago, which             April weakened the requirements of the                           Cloudsplitter Foundation issued
                                                                                                                                                                                                                                                                         of the invasive plant hydrilla into Lake
                                                  was storing dozens of derelict oil tankers               National Pollution Discharge Elimination                         special grants in 2020 to help families,
                                                                                                                                                                                                                                                                         Champlain. In 2020 a boat with zebra
                                                  there. Local and state officials could then              System and eliminated protections for                            communities, and businesses address the
                                                                                                                                                                                                                                                                         mussels was stopped and cleaned before
                                                  seek public input on the best public uses for            seasonal tributaries and vernal pools that                       COVID-19 and economic crises.
                                                                                                                                                                                                                                                                         entering Lake Placid. Well-trained stewards
                                                  the corridor. Part of the railroad was built             are important to amphibian and reptile
                                                                                                                                                                            The Environmental Defense Fund and the                                                       are doing an outstanding job of spotting
                                                  on state Forest Preserve by order of the                 reproduction. The Adirondack Park Agency
                                                                                                                                                                            Sierra Club joined with the Adirondack                                                       and removing unwanted plants and animals
                                                  federal government in the 1940s to extract               Act does a better job than federal law of
                                                                                                                                                                            Council to intervene on behalf of New York                                                   from boats and trailers prior to and following
                                                  minerals needed for fighting World War II.               protecting Adirondack waters from pollution.
                                                                                                                                                                            State, New York City, and Connecticut                                                        launching on Adirondack waters.
                                                  The mine has been closed for roughly 50                  However, water in other areas of New York
  Coal-fired power plant along Lake Erie                                                                   will suffer from Trump’s actions. Migratory                      in a suit petitioning the Environmental
                                                  years. More recently, rail bike excursion
  PHOTO: ISTOCK
                                                  businesses have used part of the line.                   birds and other wildlife can be affected by                      Protection Agency for smog relief.
                                                                                                                                                                                                                          Beet harvest at Juniper Hill Farm in Wadhams
                                                                                                           the quality of waters outside of the Park.
                                                                                                                                                                                                                          PHOTO: BEN STECHSCHULTE

12 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                                                STATE OF THE PARK 2020–2021 13
Landscape of Hope | 2020-2021 - Adirondack Council
“ADIRONDACK FOREVER WILD IS FOREVER

          PRESERVE WHITNEY!                                                                                                                      INCOMPLETE WITHOUT WHITNEY”
                                                                                                                                                                                                            - William C. Janeway, Adirondack Council

                                                                                                                                                                                                                                                                                                                 RG
                                                                                                                                                                                                                                                                                                              S.O
                                                                                                                                                                                                                                                                                                        RIMAGE
                                                                                                                                                                                                                                                                                     LARRY MASTER, MASTE
                                                                                                                                                    N
                                                                                                                                                                    Lows Lake                                                              Round
                                                                                                                                             W            E                                                                                 Lake

                                                                                                                                                                5 Ponds
                                                                                                                                                    S          Wilderness
                                                                                                                                                                                                                                                                                                  Long Lake
                                                                                                                                                                                                                          Little Tupper
                                                                                                                                                                                                                               Lake
                                                                                                                                                                                                                                                    Slim Pond

                                                                                                                                                                                    Lake Lila
                                                                                                                                                                                                    William C. Whitney
                                                                                                                                                                                                        Wilderness
                                                                                                                                                                                                                                                                    Lake
                                                                                               PHOTO © CARL HEILMAN II/WILD VISIONS INC.
                                                                                                                                                                                                                                                                   Eaton
                                                                                                                                                           MAP KEY
                                                                                                                                                                                                              Salmon                                                               Long Lake
                                                                                                                                                           Public Forest Preserve                              Lake      Whitney Industries
  ICONIC, 36K-ACRE WHITNEY PROPERTY FOR SALE                                                                                                               Private Land
                                                                                                                                                                                                                               Land

                                                                                                                                                           Conservation Easement
  Whitney History                                                                                                                                                                               Brandreth                                  Little
                                                                                                                                                           Waterbodies                            Lake                                    Forked
  Founded in 1897, the Whitney’s Adirondack estate           Marylou bequeathed the remainder of the property on                                                                                                                           Lake
                                                                                                                                                                                                                                                                           New York State
  in the Town of Long Lake is nearly as old as the           her passing in 2019 to her widower John Hendrickson.                                          Whitney Industries Land
  Adirondack Park (1892). It was established by William      He has placed the entire estate up for sale. Today,                                                                                                                                    Sargent Pond
  C. Whitney, Secretary of the Navy during the Cleveland     the 36,000 acres or 57 square miles is equal                                                                                                                                            Wild Forest
  administration and a member of a sportsmen’s club on       in size to Staten Island, or 2.5 times the
  Little Forked Lake. He purchased about 80,000 acres.       size of Manhattan. The property includes
                                                             the historic Great Camp Deerlands,
  William C. Whitney was the grandfather of Cornelius        a 17-bedroom, 11-bath rustic-style
                                                                                                                                                          wildlife nurseries to the region, providing                               State Open Space Conservation
  Vanderbilt “Sonny” Whitney. Sonny Whitney also cared                                                                                                    protected habitat for local and migratory                                 Plan Recommends Protection
                                                             mansion with outbuildings including a                                                         birds, fish, amphibians, and reptiles
  deeply for the local landscape, returning whenever he      two-story boathouse on Little Forked                                                          whose homes are threatened elsewhere.                                    The Whitney property comprises the northeastern
  could to oversee his timber operation and preserving       Lake built by William West Durant.                                                           Perhaps most important of all, the                                        corner of the Adirondack Council’s proposed 408,000-
  important fisheries. In 1958, he married actress Marie
                                                                                                                                                          Whitney property’s limited development                                    acre Bob Marshall Great Wilderness or Wildlands
  Louise (Marylou) Schroeder. He sold pieces of the          An Ecological Paradise                                                                      and lack of public highways allow it to                                    Complex, which would be large enough and wild
  estate to neighbors and associates over the years. He
                                                             The Whitney property contains more than                                                   connect a broad array of Adirondack                                          enough to host the return of large Adirondack natives
  passed in 1992. In 1997, Gov. George Pataki bought for
                                                             30 lakes and ponds and hundreds of miles of                                             wildlife habitats and ecosystems. These                                        such as the moose, timber wolf, and someday, the
  $17 million a 15,000-acre tract containing Little Tupper
                                                             brooks and streams, a series of interconnected                                        uninterrupted connections will be crucial to                                     cougar. The last moose and last cougar recorded
  Lake, which was until then the largest private lake in
                                                             waterways. Its possibilities as a paddler’s paradise                             wildlife survival as climate change forces species to                                 as shot by hunters in the Adirondacks were shot on
  a single ownership in America. Pataki combined these
                                                             are unrivaled on the East Coast. More importantly, its                        move from current locations to newly suitable homes.                                     Whitney property. In 1993, the Council’s plan was
  15,000 acres with the adjacent Lake Lila Primitive Area
                                                             waters contain sensitive trout habitat, much of which is                                                                                                               incorporated into the NYS Open Space Conservation
  to create the William C. Whitney Wilderness Area.
                                                             now in better shape than it was 20 years ago when acid                                                                                                                 Plan, which guides the state’s strategic fair market
                                                             rain was causing daily harm. Vast wetlands serve as the                       Above: Whitney for sale offers potential for this gate to open, and                      value investments in open space preservation.
                                                                                                                                           public paddling on waters closed for over one hundred years

14 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                        STATE OF THE PARK 2020–2021 15
Landscape of Hope | 2020-2021 - Adirondack Council
Cathead Proposal                               Please Discard

  LOCAL                                                                                                                                                                       Discounts Alternatives
                                                                                                                                                                   Advocates pushed for a Constitutional
                                                                                                                                                                   Amendment to authorize a road and vehicle
                                                                                                                                                                                                                             16 Years of Success
                                                                                                                                                                                                                     Over the objections of some members,
                                                                                                                                                                                                                     the Warren County board of supervisors

  GOVERNMENT                                                                                                                                                       access through the Silver Lake Wilderness
                                                                                                                                                                   and up Cathead Mountain for access by
                                                                                                                                                                   Hamilton County and a private club. The
                                                                                                                                                                   state pays for and has rights to access and
                                                                                                                                                                                                                     passed a resolution in 2020 urging the
                                                                                                                                                                                                                     Adirondack Park Agency (APA) to abandon
                                                                                                                                                                                                                     its successful policy governing the siting
                                                                                                                                                                                                                     and construction of cell towers and other
                                                                                                                       PHOTO © CARL HEILMAN II/WILD VISIONS INC.   maintain existing radio tower infrastructure      tall structures. Since 2004, the APA’s policy
                                                                                                                                                                   for the State Police and Department of            has been to screen towers from view to
                                                           Cut Us Loose from                       an abandoned locomotive and coach rail                          Environmental Conservation. There are             protect the Park’s magnificent wild scenery
          Overuse Hurts
                                                                                                   car removed from tracks at the county-                          faster, less expensive, more reliable, and        and natural landscapes. Cell companies          Anderson Falls and historic stone arch bridge
          Economy Too                                      Iowa Pacific, Please                                                                                    environmentally friendly alternatives that        have said the policy posed no significant       in Keeseville, Town of Chesterfield
                                                                                                   owned rail station in North Creek.
  The Adirondack Association of Towns              In January 2020, the Warren County Board                                                                        can quickly establish dependable county           hurdle to providing coverage. The APA has
  and Villages (AATV) called on the NYS            of Supervisors voted unanimously to ask
                                                                                                            Serving up Sanitation                                  emergency communications on Cathead               never denied a cell tower permit request.                Conservation-Smart
  Dept. of Environmental Conservation to           the U.S. Surface Transportation Board to                                                                        Mountain and deliver better coverage for                                                                   Subdivisions? Not Now
  address the problem of overuse in the            declare the railroad tracks between Hadley               Sense in Old Forge                                     the Route 30 and Benson Road corridors                    Other Ways                              The AATV’s 2020 agenda dropped its
  High Peaks Wilderness Area and other             and North Creek to be abandoned. An             Understanding that the lack of public                           that have not been fully evaluated. The
                                                   abandonment ruling would remove control
                                                                                                                                                                                                                             to Get There                            support for a compromise “Conservation
  popular Forest Preserve destinations. The                                                        restrooms for visitors and recreationists                       Adirondack Council supports improved
                                                   of the tracks from insolvent operator Iowa                                                                                                                        The AATV dropped its call for expanded float    Design” bill, which clustered development
  AATV’s 2020 political agenda identified                                                          can quickly become a public health                              emergency communications infrastructure
                                                   Pacific Holdings, of Chicago. It would also                                                                                                                       plane access to lakes in Adirondack Forest      and included transfers of development rights
  the problem as serious and getting                                                               hazard impacting water quality, in                              for the County, but these needs can be
                                                   allow the county to stop spending money                                                                                                                           Preserve in 2020, after having pressed the      and density bonuses, aimed at improving
  worse. Local government support helped                                                           2019 the Town of Webb built public                              met with alternatives that don’t require
                                                   maintaining the line for nonexistent traffic                                                                                                                      issue in their annual legislative agenda        the Adirondack Park Agency’s protections
  to persuade state officials to improve                                                           restrooms in Old Forge using a $100,000                         an amendment alienating the publicly-
                                                   while a future use is settled. New York                                                                                                                           for many years. The matter has largely          for remote, wildlands and waters where
  parking enforcement, increase public                                                             smart growth grant from the state.                              owned “Forever Wild” Forest Preserve to
                                                   State is seeking a similar abandonment                                                                                                                            been settled by the courts, which ordered       major subdivisions are proposed. The
  information, and conduct some preliminary                                                                                                                        permanently benefit a private party.
                                                   of the tracks just north, from North                                                                                                                              the Adirondack Park Agency to remove            Adirondack Council and partners worked
  trail improvements. The Governor also
                                                   Creek to Tahawus in Essex County.                                                                                                                                 such access from all lakes surrounded           with AATV to negotiate a bill that they
  appointed a task force to make short-term
                                                                                                                                                                                                                     by lands designated as Wilderness. This         could support. The AATV’s 2019 agenda
  and long-term changes in management.
                                                                                                                                                                                                                     is a positive step towards preserving the       said it would work with the Adirondack
                                                           Freight Rail Outweighs                                                                                                                                                                                    Common Ground Alliance to achieve such
                                                                                                                                                                                                                     quiet and solitude of Wilderness lakes.
                                                           Actual Fate                                                                                                                                                                                               a bill. In 2019, the Alliance endorsed the
                                                   In May, Essex County officials opposed                                                                                                                                                                            Conservation Design bill sponsored by
                                                                                                                                                                                                                             Let’s Be Safe                           Assembly Environmental Conservation
                                                   the abandonment of the railroad between
                                                   North Creek and Tahawus, claiming it
                                                                                                                                                                                                                             Out There                               Chairman Steven Englebright, D-Setauket.
                                                   was still viable for freight. The line runs                                                                                                                       Keene Town Supervisor Joe Pete Wilson           In 2020, the bill languished in committee.
                                                   between an abandoned iron mine ghost                                                                                                                              has exhibited leadership on the issue of
                                                   town in Newcomb and the village that hosts                                                                      A helicopter accesses a remote, off-grid radio    overuse of the High Peaks Wilderness                     Legal Deja Vu
                                                   Gore Mountain Ski Center. Abandonment           Visitors in Old Forge, Town of Webb                                                                               Area, pressing state officials for assistance
                                                                                                                                                                   communications network site in Maine                                                                       in Clare
                                                   would not preclude future freight or                                                                            PHOTO: ALPHA ENERGY                               in controlling summer crowds that jam
                                                                                                                                                                                                                                                                     In 2019, the Town of Clare chose not to
                                                   passenger traffic. It would only remove the              Sweet Views on                                                                                           trailheads and gobble up public parking in
  A boat steward wears a face mask and maintains   bankrupt current operator and give the                   Swede Summit                                                      Park-wide Appeal                       his town. Though challenging, he continues      oppose the Adirondack Council’s lawsuit
  proper social distancing while educating a                                                                                                                                                                                                                         which asked a NYS Supreme Court justice to
  boater on aquatic invasive species prevention    state, local officials and other stakeholders                                                                              for Broadband                          to seek creative ways to ensure public
                                                   the option to decide the line’s future.         In February 2020, Warren County officials                                                                         safety while safeguarding the amazing           throw out the town’s new ATV trail because it
                                                                                                   announced that they had worked with                             The AATV 2020 agenda calls upon state                                                             was an illegally converted public roadway. The
                                                                                                                                                                                                                     Wilderness areas to which Keene is a
          Spreading the Solution,                                                                  landowner Lyme Timber Co. to gain                               officials to provide broadband internet
                                                                                                                                                                                                                     gateway community. This spring, rather than     Council tried to prevent the town from taking
          Not the Invaders                                 Seeking Clean Up from                   public access to the summit of 1,896-                           coverage throughout the Adirondack Park.                                                          the illegal action, warning that it would sue
                                                                                                                                                                                                                     risk public health for short-term economic
                                                           Former Operator                         foot Swede Mountain. The mountain is                            Large areas of the Park remain without
                                                                                                                                                                                                                     gain, Wilson suspended the operation of its     and was confident of victory, as it had won
  The AATV joined Adirondack conservation                                                                                                                          services because there are too few potential
                                                   In September 2019, Warren County sued           near the Hague-Horicon town line. The                                                                             hiker shuttle during the COVID-19 pandemic.     similar lawsuits against Lewis County and the
  organizations in the winter and spring of                                                                                                                        subscribers to lure commercial operators.
                                                   the Southwind Rail Travel Limited of            summit has great views and a 101-year-                                                                                                                            Town of Forestport, Oneida County. However,
  2020 to call for a more comprehensive boat                                                                                                                       It is up to state officials to close the gaps
                                                   Wilkes-Barre, a railroad company that           old fire tower closed since 1968. The                                                                                                                             in July 2020, town officials announced
  inspection program inside the Adirondack                                                                                                                         in ways that are affordable for Adirondack
                                                   has left rotting railroad cars on county        county is working with state officials on a                                                                                                                       that they were proposing basically the
  Park. The Association noted that more                                                                                                                            residents. Broadband must be universal or
                                                   property in Johnsburg for more than eight       rehabilitation plan for the tower and trails.                                                                                                                     same unlawful route as before. The Council
  inspection stations would help curb the                                                                                                                          rural residents will lag behind the rest of the
                                                   years. The county filed a lawsuit in NYS                                                                                                                                                                          will continue to monitor and is keeping all
  spread of invasive species and remind boaters                                                                                                                    state economically for the foreseeable future.
                                                   Supreme Court in Warren County seeking                                                                                                                                                                            options on the table going forward.
  to stop for an inspection before launching.
                                                   a trespass finding and court order to have

16 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                                      STATE OF THE PARK 2020–2021 17
Landscape of Hope | 2020-2021 - Adirondack Council
DEPT. OF                                                                                                                                              ban open fires, and set new group size                        Lifting a                                     Sometimes the Best

  ENVIRONMENTAL
                                                                                                                                                        limits. Even though visitation to High
                                                                                                                                                                                                                      Cloud of Soot                                 Path is No Trail at All
                                                                                                                                                        Peaks continues to rise and the Wilderness
                                                                                                                                                        becomes impacted from this overuse, the            The DEC approved new emissions standards         In an effort to protect some of the wildest
                                                                                                                                                                                                           for so-called “peaker” power plants in the       terrain in the High Peaks region of the

  CONSERVATION
                                                                                                                                                        DEC has not implemented limits on hikers. It
                                                                                                                                                        has now been advised by several Adirondack         New York City metro area, where the mostly-      Park, the DEC’s recently approved Unit
                                                                                                                                                        organizations, Leave No Trace and the DEC’s        diesel turbines are used to create electricity   Management Plan (UMP) for the Sentinel
                                                                                                                                                        own advisory group that limits are needed          when demand is greatest. Decreasing              Range Wilderness Area keeps a 10,000-acre
                                                                                                                                                        (See Action to Preserve Wilderness on pg 18).      emissions from peakers will decrease soot        portion of it as trailless. Located in the Essex
                                                                                                                                                                                                           and fine particle pollution and prevent lung     County towns of Jay, Keene, North Elba,
                                                                                                                                                                Forests Curb Climate                       and heart damage in NYC, Long Island,            and Wilmington, the Sentinel Range sits
                                                                                                               Inching Toward                                   Change; Slow the Cutting                   and Westchester County, while diminishing        northeast of the High Peaks Wilderness Area
    Half-Century of Conservation                                                                               Capacity Limits
                                                                                                                                                                                                           a small source of acid rain Upstate.             and contains such summits as Kilburn and
                                                                                                                                                        In February, the DEC released its draft                                                             Pitchoff, as well as the Jackrabbit Ski Trail.
    The NYS Dept. of Environmental Conservation (DEC)                                                                                                   NYS Forest Action Plan for public review
                                                                                                       The DEC has made modest advances in                                                                                                                  The UMP includes a clear prohibition of ATVs
    celebrated its 50th Anniversary on Earth Day of 2020.                                                                                               and comment. This 10-year strategic plan
                                                                                                       controlling illegal parking and consequent                                                                                                           in the unit, and a moratorium on the use of
    The agency was created by Gov. Nelson A. Rockefeller,                                                                                               provides long-term, comprehensive, and
                                                                                                       overcrowding of trails in popular destinations                                                                                                       fixed anchors for rock climbing until a working
    replacing the former Conservation Department.                                                                                                       coordinated strategies for addressing the
                                                                                                       adjacent to NYS Route 73 in Keene. By                                                                                                                group is convened. The DEC is recognizing
    The current Commissioner is Basil Seggos (pictured                                                                                                  challenges facing the state’s forests today.
                                                                                                       striping the parking spaces, erecting signs                                                                                                          that access to Wilderness is important for
    right with Executive Director William Janeway).                                                                                                     This is essential at a time when forests are
                                                                                                       banning roadside parking, and enforcing                                                                                                              the public to understand, appreciate it and
                                                                                                       the ban, the DEC made progress in curbing        needed to play a key role in New York’s                                                             protect it, but there are some wildlife and
          Overuse is Real and                                  Building More                           the impact of too many visitors in the Park’s    overall plans for curbing the effects of                                                            plant species that cannot sustain contact
                                                               Sustainable Trails                                                                       accelerating climate change. In preparing
          We’ll Try to Fix It                                                                          most popular locations. The DEC said the                                                                                                             with people. Trailless Wilderness areas
                                                                                                       size of parking lots at Wilderness trailheads    the plan, the state worked with federal                                                             get few human visitors and thus preserve
  In February, DEC Commissioner Seggos                 In response to concerns expressed by the                                                                                                            A forest ranger interacts with a hiker
                                                                                                       coincide with its best estimate of how many      officials and determined that the current                                                           niches for the most sensitive species.
  told members of the Legislature holding              Adirondack Council and others, the DEC                                                                                                              PHOTO: NANCIE BATTAGLIA
                                                                                                       visitors could recreate there at the same        rate of forest harvesting in certain areas
  state budget hearings that overuse of the            continued two major trail reconstruction
                                                                                                       time without causing lasting damage. While       of the Adirondack Park is higher than the                     Support for
  High Peaks Wilderness Area and other                 efforts in the High Peaks Wilderness Area
                                                                                                                                                        growth rate and not sustainable. It was also
                                                                                                                                                                                                                                                                    Keeping Salt
                                                                                                       the rate of increase slowed for a couple of                                                                    Forest Rangers
  popular destinations in the Adirondack               in 2019. New, more gently sloped and more
                                                                                                       the popular trailheads, at most peaks, use       discovered that the Forest Preserve, where                                                                  in the Shaker
  Park was a serious issue that requires               sustainable trails are under construction at                                                                                                        The Commissioner and the DEC reaffirmed
                                                                                                       increased and foot traffic was roughly twice     logging is banned by the NYS Constitution’s                                                         In January, the DEC granted the Village
  attention. He promised to dedicate more              Mt. Van Hoevenberg and Cascade Mountain,                                                                                                            support for the unique and important role of
                                                                                                       the Wilderness resource capacity limit.          “Forever Wild” clause, is far more effective at                                                     of Lake Placid $225,000 to construct a
  of his own staff to solve the problem and            two of the Park’s more popular summit                                                                                                               the state Forest Rangers, as a complement
                                                                                                                                                        absorbing carbon from the atmosphere than                                                           salt shed for the highway department.
  work with other state agencies to improve            destinations. Like most of the trails in the                                                                                                        to the Environmental Conservation Officers
                                                                                                                                                        Adirondack commercial forests. Its higher                                                           Uncovered salt piles lead to water
  conditions for visitors and protect natural          High Peaks, these paths were not sustainable                                                                                                        (ECOs). The DEC continued to maintain
                                                                                                                                                        biomass also allows it to outpace commercial                                                        contamination. The Village of Lake Placid
  resources. Seggos said good planning was             in the face of increased levels of use. Trail                                                                                                       the Forest Ranger force at or near historic
                                                                                                                                                        forests outside of the Park, where                                                                  contains Mirror Lake and Lake Placid, as
  needed to ensure that local communities              sections suffer from serious erosion and                                                                                                            “fill levels.” Forest Rangers fulfill a unique
                                                                                                                                                        overharvesting has not been a problem.                                                              well as sections of Chubb Brook and the
  would benefit from increases in tourism.             water damage. The Council identified 130                                                                                                            and important role as a key element of           Ausable River. The grant came from the NYS
                                                       miles of trails that are too steep, wet, or                                                                                                         the DEC’s care, custody, and stewardship         Water Quality Improvement Project fund,
          Action to Preserve                           otherwise unsustainable in their current                                                           Stegemann Retires                                of state forest lands across New York and        a program that awards monies to improve
          Wilderness                                   state within the High Peaks alone.                                                                 In March, Robert Stegemann retired as DEC        in the Adirondack and Catskill Parks.            water quality and protect drinking water.
  In June, Commissioner Seggos endorsed                                                                                                                   Region 5 Director. In the job, Bob oversaw the
                                                               Don’t Rush                                                                                 regional operations on the eastern two-thirds               Nope. We’re Good
  the work of his High Peaks Wilderness
                                                               ‘Forever’ Decisions                                                                                                                                                                                  Better Plan
  Advisory Group, which advised him to take                                                                                                               of the Adirondack Park                                      Without More Staff
                                                                                                       Cars parked on the shoulder of NYS Route 73        and was based in Ray                                                                                      on Deer Feeding
  action in seven distinct areas of Wilderness         The DEC waited until late July to provide
                                                                                                       near the Roaring Brook trailhead in Keene          Brook. He also served                            In April, Commissioner Seggos, as he             In December 2019, the DEC improved its
  management. The state appointed the group            the Legislature with three proposed
                                                                                                                                                          as Commissioner                                  has done many years in a row, told state         policy on feeding wild deer when it modified
  in response to widespread concern over               Constitutional Amendments, each seeking                                                                                                             Legislators holding budget hearings that
  record numbers of visitors and damage to             to amend the “Forever Wild” clause (Article             Has the Authority,                         Seggos’ designee on                                                                               its current ban to allow feeding for the
                                                                                                                                                          the Adirondack Park                              he had enough staff to care and protect          purpose of inoculating deer herds with
  natural resources from overuse of popular            14, Section 1). The clause protects Forest              Won’t Use It                                                                                the Adirondack Park. Proper care of the
  hiking trails. These recommendations,                Preserve in the Adirondack and Catskill                                                            Agency’s decision-                                                                                insecticides that repel and kill ticks. Deer ticks
                                                                                                       Since 1999 when the first Unit Management          making board. Bob steps                          overused High Peaks Wilderness Area              are the top vector for Lyme disease and other
  which included imposing limits on trails             parks from logging, sale and development.       Plan (UMP) was approved for the High               down after nine years                            alone will require more Forest Rangers           tick-borne neurological ailments in humans
  and parking capacity to protect water,               The subjects of the proposals were              Peaks Wilderness Area, the DEC has had             as Regional Director. He         STEGEMANN       and Assistant Rangers, Environmental             and dogs. The DEC has banned deer feeding
  wildlife, and fair access to the solitude of         important – an emergency radio tower,           the authority to limit the total number            came to the DEC after working as a spokesman     Conservation Officers, land managers,            by the public in an effort to curb Chronic
  true wilderness, were meant to provide an            new winter sports facilities and the sale       of hikers and campers that use the trails          for the Empire State Forest Products             planners, trail crews, and engineers. As the     Wasting Disease, which deer can transmit
  action plan for this summer. Another set of          of surplus state buildings. All deserve         and campsites in this area of the Forest           Association and for 18 years as manager of       Leave No Trace team discovered during its        to one another when feeding in groups.
  recommendations for longer-term use in               a full and open public discussion, not a        Preserve. The same UMP authorized the              sustainability at International Paper Co.        whole-Park survey, the High Peaks are not
  future years is expected out later in 2020.          frantic, last-minute effort at deal making.     DEC to mandate the use of bear canisters,                                                           the only location in need of more attention.

18 ADIRONDACK COUNCIL                                                                                                                                                                                                                                                            STATE OF THE PARK 2020–2021 19
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