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Land Regulation at Fire Island National Seashore

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National Park Service U.S. Department of the Interior Planning, Construction and Facility Management Thanks,Northeast Tina,Region for coordinating this. LAND REGULATION AT FIRE ISLAND NATIONAL SEASHORE A HISTORY AND ANALYSIS, 1964-2004 FIRE ISLAND NATIONAL SEASHORE SPECIAL HISTORY STUDY LAND REGULATION AT FIRE ISLAND NATIONAL SEASHORE A HISTORY AND ANALYSIS, 1964-2004 NED KAUFMAN & CHARLES STARKS PREPARED UNDER COOPERATIVE AGREEMENT WITH THE NIVERSITY OF ASSACHUSETTS U M NORTHEAST REGION NATIONAL PARK SERVICE U.S. DEPARTMENT OF THE INTERIOR SEPTEMBER 2008 Table of Contents List of Figures .................................................................................................................................v List of Tables……………………………………………………………………………………...v Executive Summary and Research Findings (Kaufman & Starks) .......................................... vii Introduction (Kaufman) ………………………………………………………………………….1 Study Methodology………………………………………………………………………….2 Chapter One: Origins, Goals, and Methods of Land Use Regulation at Fire Island………...5 (Kaufman) Fire Island in 1964…………………………………………………………………………….……5 Changing Concepts of Parks…………………………………………………………………..……...…….9 Fire Island Is Established…………………………………………………………………………….……......11 Defining the Seashore’s Public Purpose: Conservation or Recreation………………………….……......12 Public Support for the Seashore…………...………………………………………..…………………..27 Private Property within the Seashore.………………………………………………………………………..45 Figures to Chapter One...…………………………………………………………….…………72 Chapter Two: The Regulatory System Evolves, 1964-1991 (Kaufman) ……………………75 Launching the Seashore….………………………………………………………….....……..….........75 Criticism of the Seashore Begins…………………………………………………………………….. 82 Solving the Regulatory Problems.……………………………………………………………………. 89 Environmental Management and Wilderness on Fire Island………...………………….….….……109 Changing Views on Private Property and Public Purposes………………………………………….111 Looking Forward and Backward: the Situation in 1991……………………………………………..142 Figures to Chapter Two.............................................................................................................144 Chapter Three: The System in Action, 1991-2004 (Starks) ....................................................147 Introduction…………………………………………………………………………………………. 147 Description and Analysis of the Land Use Regulatory System on Fire Island……………………...153 Figures to Chapter Three…………………………………………………………………......180 Conclusions and Recommendations (Starks & Kaufman)…………………………………….…183 Summary of Findings…………………………………………………………………………..........183 Recommendations…...……………………………………………………………………………… 185 Bibliography…………………………………………………………………………….……...189 Major Sources and Collections for Chapters One and Two…..………………………………….….189 Major Sources and Collections for Chapter Three ...…………..………….……………………..….194 iii iv List of Figures Figures to Chapter One 1-1. Location map of Fire Island (Proposal, 1964)……………………………………….72 1-2. Map of proposed Seashore boundaries (Newsday, December 12, 1963)…………….73 1-3. Map of Seashore showing proposed developments (Proposal, 1964)……………….73 1-4. Dunes on Fire Island (Proposal, 1964)……………………………………………....74 1-5. Beach in Fire Island pines (Proposal, 1964)………………………………………....74 Figures to Chapter Two 2-1. Map of Seashore (USGAO Report, 1981)…………………………………….……..144 2-2. “Storm eats dunes” (Long Island Advance, January 12, 1978)………………….…...145 2-3. Storm damage in Ocean Beach (unidentified newspaper clipping, February, 1978)…………………………………145 2-4. Storm-destroyed house in Point O’Woods (Diane Abell, November 1, 1991)……...146 2-5. “New Views of Doomed House” (Fire Island News, September 2, 1978)……….….146 Figures to Chapter Three 3-1. Undeveloped dunes (Charles Starks, 2005)………………………………..…….……180 3-2. Oceanfront houses on Fire Island (Charles Starks, 2005)……….…………..………...180 3-3. Nonconforming house on dune line (Charles Starks, 2005)………….……...………...180 3-4. House with expanded roof deck (Charles Starks, 2005)……………………….……..181 3-5. House with swimming pool on dune line (Charles Starks, 2005)…………….……....181 List of Tables Tables to Chapter Three 3-1. Comparison of Bulk Requirements…………………………………………………164 3-2. Summary of Applications in the NPS Files by Zone, 1991-2006…………………. 165 3-3. Summary of Applications in the NPS Files by Municipality, 1991-2006…………..166 3-4. Sample of Objection Applications in NPS Files, 1991-2006 ……………………….168 3-5. Sample of Non-Objection Applications in NPS Files, 1991-2006………………….168 3-6. Approvals Located in Local Government Files From Sample ……….…...………....172 v vi Executive Summary and Research Findings Narrative Summary Fire Island is a long, narrow barrier island lying off the south shore of Long Island within a short driving distance of New York City and the dense population centers of suburban Nassau and Suffolk Counties. As late as the beginning of the 1960s, much of Fire Island remained undeveloped. There was a state park, however, at its western end, and a number of small communities consisting of lightly built seasonal vacation homes connected by wooden walkways and a few narrow lanes. A new bridge connected the public to the state park; otherwise, the only access to the island was by ferry. In 1964, Congress established the Fire Island National Seashore, largely in response to pressure to protect the island from the real estate development and population growth which was engulfing Long Island. For the national park system, this was a period of expansion and experimentation. Public recreation was intended to play a more substantial role than in the classic national parks of the west which resulted in the establishment of new areas such as national seashores. The subsequent decision to leave substantial amounts of land within the Seashore in the hands of homeowners prompted the development of a complex system of land use regulation which was intended to achieve federal land management objectives through the medium of local zoning ordinances. There were two legislative objectives: first, to protect the Seashore’s natural environment; and second, to make its natural beauty available to the visiting public for recreational uses in harmony with the first. The National Park Service (NPS) quickly began to implement these goals, as the enabling legislation, Public Law 88-587, September 11, 1964 codified at 16 U.S.C. & 459e (the Act) directed, by promulgating federal zoning standards for the localities and launching a land acquisition program. By 1967, it was clear that the system was failing to produce the results intended by Congress, the Department of the Interior (DOI), and many of the Seashore’s proponents. Local authorities were not adopting appropriate ordinances; instead, they were granting inappropriate variances to homeowners, allowing them to build structures which violated federal zoning standards. Enforcement was nonexistent or ineffective. The government had failed to acquire the primary dune line and forestall further construction vii there. NPS policy, as implemented in day-today decisions by on-site and regional managers, was drifting away from the goals set by Congress and the NPS itself towards something amounting to tacit acceptance of the situation. From the middle of the 1970s until 1991, DOI, NPS, and Congress studied, proposed, and implemented measures intended to fix the problems. The NPS sponsored consultant studies of the Island’s environment and its zoning problems; proposed model zoning ordinances; drafted a general management plan, a land acquisition plan, and a land protection plan; and on two occasions issued new zoning standards. Congress amended the Seashore’s establishing Act in 1976, 1978 and 1984. Congress’s fact-finding arm, the General Accounting Office, issued a report on land acquisition and management on Fire Island. Throughout this period, the NPS continued its normal operations on Fire Island, which included pressing local authorities to bring their zoning ordinances into conformance with federal standards, reviewing and commenting on countless requests for variances and special permits, and occasionally initiating condemnation proceedings. Yet despite these activities, and despite the new measures, the number and size of structures within the Seashore continued to rise, as did the resident population, density, and developed land area. With these changes came increasingly severe environmental impacts, including water usage, effluents from septic tanks and swimming pools, foot and vehicle traffic, and taller and more visible buildings. Meanwhile, storms continued to batter the island, pushing the primary dune line northward in many places. Longstanding worries about the Seashore’s environmental health and natural beauty, focusing especially on the ocean beach and primary dune, continued to be raised, but were joined now by new concerns focusing on the island’s less visible ecosystem elements, such as its shallow fresh water aquifer. Measures adopted in Washington had relatively little effect on any of these trends. One reason lay in the design of the regulatory system itself. The legislators had made it clear that they wanted to preserve Fire Island much the way it was in 1964. In the future, as they envisioned it, the Seashore’s ecosystems and natural beauty would remain largely untramelled, the balance between private development and public land roughly the same. Local officials and public witnesses generally supported these goals; yet by leaving a large number of lots open to development, in the face of strong
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