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State of the Park 2010 The The Adirondack Park is the largest park in the contiguous Through public education and advocacy for the . It contains six million acres, covers one- protection of the Park’s ecological integrity and wild fifth of State and is equal in size to neighboring character, the Adirondack Council advises public and Vermont. The Adirondack Park is nearly three times the private policy makers on ways to safeguard this last size of Yellowstone National Park. remaining great expanse of open space. More than half of the Adirondack Park is private land, devoted principally to hamlets, forestry, agriculture and open-space recreation. The Park is home for 132,000 permanent and 110,000 seasonal residents, and hosts ten million visitors yearly. The remaining 45 percent of the Park is publicly owned Forest Preserve, protected as “Forever Wild” by the NYS Constitution since 1894. One Tupper Lake million acres of these public lands Elizabethtown are protected as Wilderness, where non-mechanized recreation may be enjoyed. The majority of the public land (more than 1.3 million acres) is Wild Forest, where motorized uses are permitted on designated waters, Indian Lake roads and trails. Old Forge Plants and wildlife abound in the Park. Old growth forests cover more than 100,000 acres of public land. The western and southern Adirondacks are gentle landscapes of hills, lakes, wetlands, ponds and streams. In the northeast are the High Peaks. Forty- three of them rise above 4,000 feet and 11 have alpine summits that rise above the timberline. The Adirondacks include the headwaters of five major drainage basins. and the Hudson, Black, St. Lawrence and Mohawk Rivers all draw water from the Adirondack Park. Within the Park are more than 2,800 lakes and ponds, and more than 1,500 miles of rivers, fed by an estimated 30,000 miles of brooks and streams.

Map data provided by the . State of the Park 2010

A Non-Partisan Review of Elected and Appointed Government Officials’ Actions Affecting the Adirondack Park Written and Edited by Adirondack Council Program Staff Design by Sheri Amsel

Online Edition: www.AdirondackCouncil.org © Copyright by the Adirondack Council Fall 2010 Contents

Letter from the Executive Director...... 2 Governor...... 3 State Legislature...... 4 Courts...... 6 Local Governments...... 7 Adirondack Park Agency...... 9 Department of Environmental Conservation ...... 10 Other Agencies...... 11 Attorney General...... 12 Federal Government...... 12 Tip of the Hat...... 14 Adirondack Park Vision...... 15 Awards...... 16 Support the Adirondack Council ...... 17

The mission of the Adirondack Council is to ensure the ecological integrity and wild character of the Adirondack Park for current and future generations. We envision an Adirondack Park with clean water and air and large wilderness areas, surrounded by working farms and forests and vibrant local communities. To achieve our vision for the Park, we educate the public and policy makers; advocate for regulations, policies and funding to benefit the Park’s environment and communities;monitor proposals, legislation and policies impacting the Park; and, take legal action to uphold constitutional protections and agency policies established to protect the Adirondack Park. State of the Park 2010

Dear Adirondack Council Members and Friends, The six-million-acre Adirondack Park is one-fifth the land area of New York State and yet there are only 132,000 year-round residents in its small rural communities. Nearly half of the Park’s public lands are constitutionally protected under Article XIV, the “Forever Wild” clause, and the remaining private lands are regulated by the Adirondack Park Agency Act. As we approach the end of 2010, it is clear that 2011 will be an especially important year for the Adirondack Park. This fall, New Yorkers will elect a new Governor and a new Attorney General. We will decide at the polls which party’s leaders will control the NYS Legislature when the majorities in each chamber redraw legislative election districts for the coming 10 years. A new state law will prevent upstate legislators from counting the mostly- downstate population of local state prisons as residents of their districts. If it survives a promised legal challenge, this new law could make Adirondack legislative districts larger and fewer, so we would have even less representation in Albany. The Adirondack Council wants to make sure that the new Governor, Attorney General and other state officials understand that the Adirondack Park is a unique and iconic region that requires special attention. These are challenging economic times for the Park as the state faces soaring deficits and is reducing public sector employment in communities heavily dependent on state jobs and funding. On the other hand, all signs pointed to an excellent summer tourism trade in many Park communities, as many Northeasterners postponed long-distance vacations for something less expensive. It is also likely that Governor David Paterson’s threat to close 55 state parks this summer reminded people of the wonders of the Adirondack Park. You will read about this debate and others in this edition of State of the Park. We know that governance and policy reforms are urgently needed among the state agencies that serve the Park, whether they are protecting natural resources or helping people build better communities. We also know that any attempt at successful reform will require the input of public and private stakeholders from across the Adirondack Park and ought not to be forced top-down from Albany. Our priorities are clear: reform governance and policy, improve water quality, conserve critical lands, revitalize local communities, and reduce air pollution. We need to reform the Adirondack Park Agency to improve water quality and promote smart growth in communities. The Department of Environmental Conservation needs reform to unite the Park as one DEC region, under one Park superintendent, one ranger force, and ecosystem-based management principles. As we continue our work to ensure that the Adirondack Park is a place where wilderness and people can thrive together, your support will be more important than ever. We need your help to get our message to all elected officials, and then to hold them accountable. I hope this State of the Park will inspire you to be active in our advocacy efforts.

Sincerely,

Brian L. Houseal Executive Director

On the Cover: Land protection opportunities like acquisition of the spectacular, 15,000-acre Follensby Pond tract (currently held by the Adirondack Nature Conservancy) should be a priority investment for the state this year. Follensby Pond is located in the central Adirondacks near the village of Tupper Lake on the western edge of the High Peaks Wilderness. Photo © Carl Heilman ll/Wild Visions, Inc.

2 The Governor

Strong Pick for Smart Move for Attorney General urged Judge Demarest to find the owner in contempt of court and APA Commissioner Smart Growth order the removal of the cabin. The owner In February, Governor David Paterson In late August, the Governor signed the then appealed to the Governor and the nominated Adirondack boat builder and “Smart Growth Public Infrastructure Governor’s staff forced the agency to give former town planning Policy Act” which requires state agen- him an after-the-fact permit for the cabin. board member, Peter cies to fund projects according to smart Hornbeck of Minerva, growth standards established in the act. to serve a four-year Smart growth advisory committees will A Violated term on the Adirondack be created in each agency to make sure Park Agency Board projects meet anti-sprawl criteria before Trust Fund When the Governor ran short of cash at of Commissioners. they are begun. Controlling sprawl will the end of 2009, he tapped into the clean Hornbeck has the help the environment and local govern- energy development/energy conservation support of his fellow ments’ finances. Paterson funds held by the NYS Energy Research townspeople, including and Development Authority from the sale the sitting supervisor and town council. of carbon dioxide allowances to power His nomination was opposed by Senators Birthday Spanking plants. As a member of the 10-state Elizabeth Little, R-Queensbury, David for DEC th Regional Greenhouse Gas Initiative, Valesky, D-Oneida, and Darrel Aubertine, Governor Paterson celebrated the 40 New York has been selling power plants D-Cape Vincent. They did not want to see Anniversary of the founding of the the allowances they need to comply with Hornbeck replace resort-owner Arthur NYS Department of Environmental regional pollution limits. The Governor Lussi of Lake Placid, whose term has Conservation by slashing the agency’s persuaded the Legislature to use $90 expired. As of press time, the Governor funding to unsustainable levels and by million from the fund to close the budget confirmed he still sought confirmation reducing its workforce to the point where gap. There is no plan to repay the money. for Hornbeck. Lussi can continue to serve it cannot adequately care for the state’s until he is replaced. natural resources. Rangers are foregoing patrols due to limited fuel rations and other staff has to forego some important Environmental Fund Good Choice public meetings, or pay their own way, Robbed...Again for Lake Post because they aren’t allowed to use state Late in 2009, Governor Paterson per- Governor Paterson nominated Dr. Dean vehicles or accumulate more mileage. suaded the Legislature to remove yet Cook of Ticonderoga in Essex Permit reviews and clean air monitoring another $10 million from the already-dev- to serve a term on the Lake George Park are suffering as well. astated Environmental Protection Fund. Commission. The commission acts as This year, the Governor sought much a regional zoning and planning agency deeper cuts to the fund and proposed a for the Lake George A Violated Trust land acquisition moratorium. In addition, In January, the Governor acted to basin. Dr. Cook, a local he proposed diverting a portion of the undermine the Adirondack Park Agency’s dentist, has extensive fund to day-to-day expenses, such as authority when his staff resolved an experience in environ- state employee salaries. The Adirondack 18-year-old enforcement stalemate mental protection and Council and a wide coalition of environ- without the APA present. has been an advocate for mental organizations fought against and In 1992, a landowner from the the protection of Lake defeated the Governor’s scheme to wipe- Syracuse area illegally built a cabin in a George for decades. out the EPF. In the end, total funding was wetland near the in the Cook has held leader- cut to $134 million, but the EPF survived Cook Town of Tupper Lake. The APA ordered ship roles with several and contains $17.6 million this year for him to halt construction and apply for an environmental organizations, including land acquisition. the Adirondack Council. Cook was after-the-fact-permit. He refused. The confirmed by the state Senate this spring. Park Agency then turned the case over to the Attorney General for legal action. A Promise In 2005, NYS Supreme Court Justice Gets Broken David Demarest fined the owner $6,500 The Adirondack Park Agency, the state’s and continued an injunction preventing smallest agency, is getting smaller. Early him from using the cabin. In 2009, the in 2009, Governor Paterson ordered a ten 3 percent cut in all state agency spending. greenhouse gases they are emitting. State to get the Legislature to pay state parks The Governor claimed that there would government is no small emitter of carbon employees’ salaries out of the EPF and to be no cuts to personnel. However, when dioxide and other climate changing wipe out funding for land purposes. Parks the APA lost three people to retirement in chemicals. The public deserves to know and campgrounds were opened just before 2009, the Governor did not refill the posi- how much carbon its institutions are Memorial Day weekend. tions. This year, he eliminated funding for creating, as well as what plans our public ten more staff, forcing the APA to close officials have to curb them. its two Visitors’ Interpretive Centers in It’s the Newcomb and Paul Smiths. The centers Economy, Too are in negotiations to be reopened by Taking Holiday In 2009-2010, Governor Paterson ignored SUNY College of Environmental Science Hostages the Common Ground Alliance’s urgent and Forestry (ESF) and Paul Smith’s Governor Paterson used the popular- request to restructure the Empire State College respectively; the agency’s total ity of all state parks to force the NYS Development zones to encourage number of employees fell from 72 to 59. Legislature to accept deep cuts to the economic stimulus for small, private- Environmental Protection Fund. The sector businesses in the Adirondacks. The Governor threatened to keep closed Alliance is a group of community leaders, Let’s Not Bother seasonal parks and historic sites and businesses, environmental organizations Keeping Track some Forest Preserve campgrounds just and public officials who work toward Governor Paterson vetoed a bill that before Memorial Day weekend, demand- comprehensive solutions to eco-friendly, would have required state agencies ing that the Legislature settle the EPF rural economic development. to assess and report on the amount of immediately. He failed in his attempt

State Legislature

sponsored by Assemblyman Sam Hoyt, detergents that contain phosphorus. The Both Houses D-Buffalo, and Sen. Suzi Oppenheimer, new law, which takes effect January 1, D-Westchester. 2012, also prohibits homeowners and Protecting the landscapers from applying fertilizer containing phosphorus on any lawns Protection Fund and within 20 feet of Both houses of the NYS Legislature waterbodies. Currently, opposed Governor Paterson’s plan to start fertilizers can be used paying day-to-day expenses out of the within ten feet of water Environmental Protection Fund, which if a vegetative buffer is dedicated to capital projects only. The has been established. Governor attempted to pay $5 million Hoyt Oppenheimer Phosphorus drains into in state employee salaries, plus another waters and promotes $5 million to cover the state’s obligation algae growth which to pay taxes on Forest Preserve lands Thompson Shocking Results reduces oxygen that fish to local villages, towns and schools. He need. It also degrades also wanted $6 million for the operation Following Governor’s proposal to close the Moriah Shock facility, the Council drinking water. More of state parks, campgrounds and historic than 100 waterbodies in sites. Legislators rejected all those propos- and other groups rallied around the correctional institution and called the state are considered als, as well as Paterson’s plan to eliminate impaired, including all funding for land purchases. for it to remain open. The facility currently employs over 100 people. The Lake Champlain. This Legislature, when it negotiated the final bill was sponsored Sprawl a Bad budget, restored the funding to keep the by Senator Antoine Thompson, D-Buffalo facility open. Sweeney Investment and Assemblyman This summer, both houses passed the Robert Sweeney, “Smart Growth Public Infrastructure No More D-Lindenhurst. Policy Act” that will reduce sprawl and help to create cleaner and greener urban Fertilizing Water areas across the state. Sprawl strains In July, Governor Paterson signed a bill local government services and eats away that makes it illegal for stores in New at valuable green space. The bill was York to stock supplies of dishwasher 4 Curbing and Assemblywoman Teresa Sayward, Senate R-Willsboro. The Assembly came close to Roadside Lead passing the bill, but last minute advocacy In June, the Legislature gave its final Want Our Water? by the Adirondack Council and others approval to a bill that requires automobile prevented this bill from becoming a law. tire dealers to stop using lead weights to Get a Permit balance wheels when In June, the Senate passed a bill sponsored mounting tires. Weights by Senate Environmental Conservation Upstate Senators Sink are attached to the rim Committee Chairman Antoine Thompson Citizen Review of wheels to prevent that would require water extraction The Senate rejected a bill that would vibrations during projects to obtain a Department of have made it easier for citizens to defend high-speed rotation. The Environmental Conservation permit natural resources and wildlife habitat. weights often fall off, for all purposes other than agriculture. In order to gain the right to participate scattering toxic metal (Farms would still only be required to directly in a formal state environmental on roads, and roadsides, Perkins report their use.) A law passed last year study, citizens and organizations are and eventually into requires only reporting of large-scale currently compelled to prove that the nearby waters. The lead water extractions. The bill was sponsored proposed action would harm them more weights also contribute in the Assembly by EnCon Chairman profoundly than a member of the general to contamination in tire Robert Sweeney. The Assembly had not public. The bill would have lifted that landfills and automobile acted on this bill as of press time. requirement and allowed all interested junkyards, the automo- parties to participate in any action involv- bile recycling process Putting Brakes on ing the State Environmental Quality and the work environ- Review Act. The bill was sponsored by ment of tire installers. Rosenthal Road Repair Costs Assembly EnCon Chairman Sweeney The bill, which takes In June, the Senate passed a bill that and Senate EnCon Chairman Thompson. effect April 1, 2011, was sponsored by would allow towns to declare certain All GOP members voted against it, as Sen. William Perkins, D-, roads as “minimum maintenance” did upstate Democrats Darrel Aubertine and Assemblywoman Linda Rosenthal, roadways. Towns would be allowed to (Cape Vincent), David Valesky (Syra- D-Manhattan. reduce the amount of cuse), and William Stachowski, (Buffalo). grading and plowing it does, keeping the road ATV=Aubertine’s Partners in Raid passable but not perfect. The Legislature agreed with Governor Towns could ignore Terrible Vehicles Paterson’s December 2009 plan to divert the general mandate The Senate passed a bill sponsored another $10 million from the Environ- to keep roads clean, by Senator Aubertine that would have mental Protection Fund. The EPF has dry and clear after a increased the maximum allowable weight been raided to the tune of more than $500 winter storm. The bill, if Aubertine for an all-terrain vehicle from 1,000 to million since 2003. That is about one of passed by the Assembly, 1,500 pounds. The expanded definition every three dollars ever raised for the EPF. would reduce taxpayer would have allowed huge, four-passenger, costs, reduce salt use, side-by-side ATVs to be used where the ease sprawl and curb one- and two-person models now are Anti-Environmental the spread of invasive allowed. The Assembly held this bill in Climate species. The bill is spon- committee. The Legislature agreed with the Gover- sored by Sen. Darrel nor’s plan to balance the state budget by Aubertine, D-Cape raiding funds from the proceeds of the Vincent, and Assembly- Straw Man for Regional Greenhouse Gas Initiative’s woman RoAnn Destito, Destito Wood Boilers carbon auctions. The proceeds from the D-Rome. Senator Aubertine gained Senate passage auctions were to be used by New York of a bill that would have prevented the State Energy Research and Development Department of Environmental Conser- Authority to administer energy efficiency, 10-Year Loophole vation from regulating outdoor wood renewable energy, and/or innovative In June, the Senate passed a bill, without boilers. These outdoor furnaces have carbon abatement programs and to cover debate, that would place a ten-year grown into a substantial polluter of local the costs to administer such programs. statute of limitations on Adirondack Park ambient air quality. This bill did not move Like the EPF, the RGGI fund was created Agency enforcement of any land-use in the Assembly. for a specific purpose that was entirely violations, regardless of size or extent of ignored when money was needed to their impact. No local planning or zoning balance the budget. authority in the Adirondack Park has such an escape clause. The bill was sponsored by Sen. Elizabeth Little, R-Queensbury,

5 Assembly New Controls for Mercury “Not all people feel they In April, the Assembly approved a need to have wilderness, Carbon Cap bill that would require thermostat manufacturers to establish recycling but I do. If things go bad Proposed sites at retail stores for consumers who and everything seems to In June, Assembly EnCon Chairman are replacing old-style thermostats that Sweeney gained Assembly passage of a go wrong, the best place to contain mercury. The bill was sponsored bill that would require the Department go is right into the remote by EnCon Chairman Sweeney. The Senate of Environmental Conservation to create did not act on EnCon Chairman Thomp- wilderness, and everything’s new emissions rules that reduce the son’s version of this bill. in balance there.” amount of carbon emitted by all sources Clarence Petty by 80 percent by 2050. The Senate did not act on EnCon Chairman Thompson’s version of this bill. Courts

Order Holds Up, that the town deemed to be a residence, roads as automobiles, allowing for only not a garage. He was ordered to remove it, short detours and connections between House Comes Down but he refused and the town commenced existing trail systems. Environmental In August, Essex County State Supreme legal action. In 2008, the justice fined the laws require a careful review of the Court Justice Robert Muller upheld owner $50,000 and ordered him to obtain potential consequences. The judge ruled the Adirondack Park Agency’s 2005 a demolition permit from the town within that the town’s ATV law failed both enforcement order against a home builder 60 days. He appealed the case to the NYS tests. The decision came in response to who violated permit conditions in the Court of Appeals, which declined to hear a June 2009 lawsuit by Lyonsdale Town Fawn Ridge subdivision in Lake Placid. the case in October 2009 and in Decem- Councilwoman Nancy O’Brien-Dailey. Muller said the house violated the height, ber 2009. The owner then had until Dec. setback and screening requirements 20, 2009 to obtain a demolition permit contained in an APA permit issued to from the town, but didn’t. The judge Split Decision Protects the subdivision’s original developer, told the owner that his appeals had been Lakewood Properties. The judge noted Shoreline, Wetlands exhausted and the structure was razed in In November 2009, State Supreme Court that his decision would require the owner February 2010. Judge Robert Muller ruled against nine to tear down his partially constructed Adirondack counties and eight towns that home and begin anew. Thus, he declined attempted to overturn the Adirondack to impose the $273,450 civil penalty Judge Throttles Town Park Agency’s newly created shoreline ($50 per day) the Park Agency had and wetland subdivision regulations. The recommended. In September 2009, U.S. Pro-ATV Law In January, NYS Supreme Court Justice shoreline rules were part of a regulatory District Court Judge William Sessions Joseph McGuire threw out a 2009 town revision package the APA approved in dismissed the landowner’s claim that the law in Lyonsdale, Lewis County, which 2008 that affected subdivisions with Adirondack Park Agency was selectively had opened 10 miles of town roads to wetlands, lots with roads through them, enforcing its guidelines. ATV traffic. McGuire ruled that the law cabins and the expansion of was adopted without adequate justification shoreline structures. The towns filed suit Town Sinks Boathouse under state laws. Vehicle and Traffic Law in January 2009, about two months after In January, acting Fulton County State discourages the use of ATVs on the same the rules were adopted. Supreme Court Justice Richard Giardino ended an 11-year fight over an illegally built house. This began in 1999, when Thank you to all our members for your activism a Canada Lake property owner applied and financial and moral support. for a boathouse permit from the Town of As you can see from all the successes benefiting the Park Caroga, after being denied a permit to over the last year, your involvement really construct a single-family residence on the lot, which is accessible only by water. The does make a difference. owner built a two-story, 2,000-square- Thank you for your continued support! foot structure over the surface of the lake

6 Local Governments

Failing to Plan = No... and state’s Vehicle and Traffic Law discour- ages the use of ATVs on the same roads Planning to Fail No Again as automobiles, allowing for only short Franklin County, the Adirondack Park’s Last September, both the Town and detours and connections between exist- only county lacking a planning depart- Village of Tupper Lake refused to support ing trail systems. Environmental laws ment now appears poised to finally create the “Rooftop Highway,” or I-98. Local require a careful review of the potential one. The County Legislature has applied officials rightly believe that if the consequences. She knew the town board for a $50,000 state grant to organize and highway is constructed, it would reduce had failed both tests. So when her four establish a planning agency. The county’s traffic through Tupper Lake and harm colleagues ignored her and voted in favor lack of a centralized planning service local businesses. of the new town law, she filed a lawsuit has forced its towns and villages to fend against the town. In January, a state for themselves when trying to control Supreme Court justice agreed with her development or qualify for state and In the Zone and invalidated the town law. federal grants. In July, the Lewis County Town of Greig amended its zoning regulations to address a shortcoming that had become obvious Sensible Consensus Campaign Ends in in recent years. The town created new on Census Victory rules for commercial water extraction Planners from Hamilton, Oneida and The Town of Caroga has gone to that would require operators of such Saratoga counties worked together this extraordinary measures to ensure that projects to obtain a permit and establish summer on a proposal to get the US its land-use laws and local zoning are criteria for monitoring water levels and Census Bureau to survey the Adirondack treated with the respect they deserve. For hiring professionals to examine permit Park as its own Rural Statistical Area. If more than a decade, the town defended its application materials. the Census Bureau agrees, for the first decision to prohibit large boathouses and time, census data would be available for homes disguised as boathouses against the Good Idea is the entire Park without having to add up objections and lawsuits of a Canada Lake the figures from all of the small com- camp-builder. The town has prevailed Contagious munities that comprise the Park. State Lake George Town Supervisor Frank on all legal actions pending in the case, policy on the Adirondacks has always McCoy’s push to enact a local law 11 years after first denying a permit for a suffered from some degree of uncertainty, banning phosphorus in lawn fertilizers home on the water-access-only parcel. largely because the Park boundary doesn’t helped persuade the state Legislature to conform to village and town lines. enact a new, statewide law this summer. Support for The new state law phases-in a ban on Fellow Local phosphorus in lawn fertilizer and dish- Good Plans Minerva Supervisor Sue Montgomery washer detergents. The law is not as tough In an effort to save money, two towns Corey and the town board supported as McCoy’s plan, but the Legislature left have consolidated planning efforts. The a fellow townsperson and local room for improvement by allowing local Village of Saranac Lake and Town of Har- businessman when they wrote to the governments to enact their own laws rietstown have produced a comprehensive Senate EnCon Chair, Antoine Thompson, that are stricter than the state statute. plan designed to guide future develop- D-Buffalo to support Peter Hornbeck’s Phosphorus promotes rapid plant and ment in the community and to serve as the nomination to the Adirondack Park algae growth, reduces water clarity and legal basis for land-use regulations in the Agency. Hornbeck was nominated by promotes the spread of invasive species village and town. This will save taxpayers Governor Paterson to replace Arthur that otherwise wouldn’t have enough food money and help conserve open space by Lussi of Lake Placid, whose term has to survive. limiting sprawl. expired. Unfortunately, his confirmation Also, Lake Placid and the Town of was opposed by a handful of Senators. Fighting Town Hall North Elba have drafted a new land-use Govenor Paterson is still supporting code for use by both municipalities. This Hornbeck’s confirmation. From the Inside plan “discourages” the storage of road salt When the Lyonsdale Town Board passed within 50 feet of lakes, streams and rivers a local law last year opening a series of and requires developers to build at least town roads to all-terrain vehicle traffic, one mandatory affordable housing unit for Councilwoman Nancy O’Brien-Dailey projects greater than 10 units. knew the board was acting illegally. The

7 Green Teams 60 percent is based on outdoors-related law. That law requires a review of any subcategories, including proximity of subdivision of five lots or more. The town Sprouting Locally public land and waters and the potential attorney advised board members that the The Village of Lake George has appointed for taking a trophy-caliber animal or fish subdivision law was still on the books, so a Go-Green Committee that town govern- nearby. they would now have to enforce it. The ment hopes will allow the village to “save town board also noted that it didn’t have energy, protect the environment and an inventory of the developable lands become a climate-resilient community.” Whom Does He in the community and asked the former Among the committee’s first priorities Serve? planning board members to volunteer was to audit the village’s municipal build- Chester Town Supervisor and Warren to create one. In May, it repealed the ings’ energy use and recommend changes County Board of Supervisor’s Chairman subdivision law too. that could save the taxpayers’ money. A Fred Monroe continued in 2009 and 2010 similar team was created in Lake Placid to act as lead organizer of lawsuits against by Mayor Craig Randall to help with clean the Adirondack Park Agency by local gov- Public Taking for energy production and energy conserva- ernment entities around the Adirondack Private Purpose? tion projects. Park. He did this despite the fact that he is This spring, the Tupper Lake Town Board also the state-salaried Executive Director used an obscure highway law to take Money Where of the Adirondack Park Local Govern- private land and force the Adirondack ment Review Board. The Review Board Nature Conservancy to give up its prop- Mouth Is is a state-taxpayer-supported advisor erty on its Follensby Pond tract for resort The Town of Caroga in Fulton County, to the Adirondack Park Agency. The home buyers at the proposed, 700-unit doesn’t need to be reminded how valu- Review Board is barred from suing the Adirondack Club and Resort. The devel- able state lands and campgrounds can Park Agency, or anyone else. So instead, oper doesn’t own the land to which a new be to a community. When faced with the Monroe organized and promoted a lawsuit right-of-way would provide access. He potential closure of the state’s Caroga by towns, which sought to overturn the says he owns a purchase option from the Lake Campground as the Legislature and APA’s requirement of a variance for company that owns the tract. Follensby Governor debated the budget well past expansions of older homes that are closer Pond is slated for addition to the “Forever the deadline, the town board appropriated to a water body than current law allows. Wild” Adirondack Forest Preserve in 2011 $36,000 to offset the state’s expenses for or 2012. In August, a state judge allowed operation of the facility. The Legislature the proceeding to move forward and the eventually found the money needed to Agency Needs hearing was taking place as we went to keep the Park’s campgrounds open. Inspection press with this publication. According to documents obtained under the Freedom of Information Law (FOIL), Let’s Clean it Up the Adirondack Park Local Government Land Swap a The Tupper Lake Town Board has asked Review Board has received more than Two-Way Street the state to build a boat-washing station $250,000 from the Adirondack Park The Town of Long Lake has yet to iden- at the state’s Moody Boat Launch in an Agency’s annual budget over the past tify a small parcel of land to complete the effort to keep the lake free of aquatic three years alone. Yet it continues to swap authorized by a 2007 Constitutional invasive species. It sent the Department undermine the APA’s mission and reports Amendment. The amendment approved of Environmental Conservation a resolu- on its finances to no one. by state voters allowed Long Lake to use tion stating “more than 50 lakes in the The Review Board also receives a one-acre parcel of “Forever Wild” Forest Adirondack Park are contaminated with funding from 12 Adirondack county Preserve for drinking water wells for the invasive species, but Big Tupper Lake is governments, and more recently has hamlet of , in exchange not yet one of them.” begun soliciting individual towns and for a parcel somewhere else in town. The villages for funding as well. In response wells have been in operation for more to a FOIL request, neither the APA nor the than two years. Magazine Touts Quality NYS Division of Budget could produce a of Outdoor Life copy of the Review Board’s budget. Both The Adirondack Council does For the third consecutive year, Saranac said they had no record of ever receiving Lake was celebrated in Outdoor Life mag- one. not accept government or azine’s 2010 list of the 200 best towns in taxpayer funding of any kind. the United States for hunters and anglers. The Council’s work is funded The magazine states that socioeconomic No Planning, subcategories like population growth, No Vision entirely by your private median household income, median home In February, the Town of Franklin took a donations, strengthening our value, cost of living, unemployment rate, big step backward when it abolished the advocacy efforts. population density, mean commute time local planning board it had created last and amenities account for 40 percent of fall. The planning board was created to Thank you! a town’s overall score. The remaining administer the town’s new subdivision

8 Adirondack Park Agency

Defending the munications facilities in 2009, including Environmental six new cell towers on the Adirondack Fledglings Northway (I-87). Saratoga County has Conversational Confusion The Adirondack Park Agency’s staff did erected its emergency radio tower on The APA is now inventing terms to a good job of defending sensitive wildlife Fraker Mountain, overlooking the Great disguise the fact that it won’t force cell habitat this spring and summer when the . Thanks to the Park phone companies to share towers rather US Army and NY Air National Guard Agency’s public hearing process and than build them side-by-side. The term wanted permission to use the Whiteface interveners such the Adirondack Council “co-location” means adding cell phone Mountain toll road for helicopter training. and local landowners, the emergency transmission equipment to an existing The APA helped persuade officials from tower is nearly impossible to see with the building or tower. The APA this year in- Fort Drum to restrict their use of the toll naked eye. vented “horizontal co-location,” or build- road to times of the year when the rare ing another tower of similar size in the neotropical songbird Bicknell’s Thrush is same general area as an existing tower. not actively raising its young. This is Only a Test The agency is also neglecting the need In February, the Park Agency Board of to require a bond of all tower builders, Commissioners made history when it setting aside money to remove them when voted to permit the first use of a chemi- they become obsolete and are abandoned cal herbicide in an Adirondack lake to by their owners. control an invasive plant. In May, the APA allowed a local group to apply 1.5 tons of chlorine-based “triclopyr” to a bay Just Trust Us of Lake Luzerne. Commissioners voting For some reason, the APA’s records in favor of the plan said it was merely contain no information on the annual an experiment. They failed, however, to budget of its Local Government Review

Photo © Larry Master, masterimages.org establish any scientific criteria for judging Board. The Review Board is granted Bicknell’s Thrush whether it caused harm to species other large sums of money by the Park Agency than Eurasian Watermilfoil, the plant that for its operation and salaries, including the group was trying to kill. more than $250,000 in the past three Shoreline & Wetlands years alone. Yet a Freedom of Information Inconsistent? Law request revealed that the APA has Habitat Course 101 no record of the Review Board’s annual The APA attempted to revise its boat- Approved! budget from 1973 to date. In fact, the house regulations this summer, but took The APA’s Board of Commissioners Governor’s Budget Office, which oversees a beating from the real estate industry once again approved a snowmobile all Executive Department spending, and others who don’t want limits on these plan presented by the Department of revealed in July that it too had never structures. The APA tried to limit the size Environmental Conservation (DEC). The received a budget from the Review Board of boathouses to 1,200 square feet. But APA reviews such plans to ensure they in its 37 years of existence. some complained that the size and con- are consistent with the Adirondack Park figuration of such structures don’t have State Land Master Plan (SLMP). For a any impact on the environment. third time in as many tries since 2005, the No Lyon After a contentious meeting where APA approved a plan that didn’t comply Wilderness objections and amendments were offered with the Master Plan’s natural resource In May, the APA ignored the suggestion by two Commissioners whose terms were protections. The APA Commissioners of the Adirondack Council and designated about to expire, the Board decided to agreed that the plan may require amend- about 17,000 acres of the Lyon Mountain wait a month and try again. In June, they ments to the SLMP, but voted to say it tract as Wild Forest, instead of the more agreed to new limits of 1,200 square feet was consistent anyway. The Adirondack protective Primitive designation. One of with a maximum height of 15 feet. Council filed an Article 78 lawsuit chal- the reasons for making the lower classifi- lenging that decision. A judged dismissed cation was to keep both the snowmobile Agency Listening, the suit, saying it was brought before trail and fire tower. Primitive classifica- all administrative remedies had been tion is ‘Wilderness in waiting’ where People Talking exhausted. At press time, the Council was nonconforming structures are removed. The Park Agency’s staff and Board of pondering whether to appeal the dismissal Commissioners reviewed and approved or bring a similar suit when DEC tries to 188 permits for new or improved telecom- implement the plan. 9 Department of Environmental Conservation

Cleaner Air Close Don’t Start Embracing a to Home Your Engines Mistake The DEC is in the process of phasing out Last fall, DEC proposed new regulations Commissioner Pete Grannis has refused to inefficient outdoor wood-fired furnaces, that would explicitly prohibit chainsaws reconsider his 2008 decision not to exert also known as outdoor wood boilers. and other motorized equipment from the state’s authority to close a Wilderness The low smokestack and low combustion Wilderness areas. The ban would include trail to motorized traffic. The former Old temperatures have caused localized, brush saws, rock drills and generators. Mountain Road/Jackrabbit Trail between smoke-related air quality problems. In The regulation expands the ban, which Keene and Lake Placid in Essex County, addition, many people were burning was in place in the High Peaks and was the subject of a legal challenge by a painted wood and trash in the units, Whitney Wilderness areas. The regula- snowmobiling enthusiast, who claimed adding to ambient air pollution and the tions were finalized in February 2010. the state closed it unlawfully. Following spread of toxic chemicals. Newer, high- a public hearing, the Commissioner took efficiency outdoor wood furnaces are not a too-narrow view of the legal options at affected by the ban. What Next on his disposal, giving up on the road closure Snowmobiles? despite a request to reconsider from the In January, the Adirondack Council Adirondack Council, other wilderness Stemming the filed a lawsuit in State Supreme Court advocates and DEC’s own staff attorneys. Alien Invasion in Albany against the Adirondack Park DEC senior staff has done a good job Agency, Department of Environmental coordinating discussions educating the Conservation and the Office of Parks, A Blindfold & Smoke public regarding invasive plants and in- Recreation and Historic Preservation. The for Wanakena sects and how they might harm the public suit was filed in response to DEC’s newly This summer, the DEC planned to and private forests of the Adirondack created “guidance document” for snow- close an air-quality monitoring site in Park. DEC recognizes that it has too few mobiling. The APA approved the plan Wanakena in St. Lawrence County in resources to tackle the problem on its own even though it violated the State Land response to budget cuts. Sites such as this and is enlisting the assistance of other Master Plan (SLMP). The plan used terms one are the key to detecting whether pol- state agencies, private landowners, wood such as “community connector trails” lution cuts ordered by the Legislature and products companies and environmental and “periphery of a highway,” but these by Congress are sufficiently reducing the organizations. are not clearly defined in the SLMP. In amount of sulfur, nitrogen and mercury August, a judge dismissed the Council’s pollution that lands on the Adirondack lawsuit, without hearing its merits, on the Park and other sensitive areas. They cost Going Looney grounds that DEC had not yet put the plan very little to run, but the information they In June and July, DEC Police ticketed a into action. At press time, the Council provide is invaluable. teen and the guardian of two other teens was considering whether to appeal the that had allegedly harassed loons and in dismissal or to file a similar suit when one case, allegedly broke eggs in a nest DEC implements the final plan. Drink Up. with a canoe paddle. Loons are listed The DEC has failed to issue rules for as a Species of Special Concern in New commercial water extraction operations York. The birds are also the symbol of the Fourth Verse, Same despite the need expressed by the Town Adirondack wilderness and prominently as the First … of Greig, Lewis County. The town is featured in the Adirondack Council’s logo. Another year has passed without a formal contending with a plan from an out- all-terrain vehicle policy for state lands. of-state landowner to remove 280,000 In 2005, the DEC proposed a draft plan gallons a day in trucks. Greig officials which banned ATVs from the Adirondack turned down this plan but the project Forest Preserve and most public lands reappeared in the form of a pipeline from statewide, with limited exception for a neighboring town, under the Black permitted use by people with disabilities. River. Water would be drawn from the It was the subject of public hearings and same springs in Greig to a truck filling comments, but was never finalized. The station in the adjacent Town of Turin. public and law enforcement officials Among the many concerns of Greig deserve clear, enforceable rules for ATVs. officials is the loss of a cold water source Mother loon with chick for local trout streams that need the springs to remain viable as fisheries. 10 Watered Down In July, DEC accepted the applicant’s version of the Final Environmental Impact Statement for a large water withdrawal project in Lewis County. The document is supposed to address concerns raised by GIVE AT THE OFFICE! interested parties. The Council believes Take advantage of an easy and convenient way to support the Adirondack Council! the applicant did not answer our questions You can make a gift to the Adirondack Council by payroll contributions through and we are concerned that DEC would Earth Share New York’s workplace giving program at numerous private companies, accept such a flawed document. We many state and municipal government organizations, and in the Combined Federal have asked DEC to rescind acceptance Campaign (CFC), by selecting #22101 on your pledge form. Contributions to Earth of the document so the applicant can Share New York support a broad range of charities committed to protecting public provide more information on the critical health and our air, land, water and wildlife. The Adirondack Council is a member environmental issues. of Earth Share New York, a statewide federation of our state and this country’s most respected environmental and conservation charities. To find out more about how you and your workplace can support the Adirondack Council through an Earth Share of New York charitable giving campaign, please call Diane Fish, Director of Fund Development at 518.873.2240. You can also visit Earth Share New York’s website at: www.earthshareny.org.

Other Agencies

No More Guessing summer told all wind power developers control and to ensure clean drinking water to certify that their emergency control supplies. The report helped to convince About Who’s Who systems will shut down turbines during a the state legislature to restore over $17 The Empire State Development Office’s power failure. This new requirement will million for open space in this year’s State Data Center has proposed having be part of the application for a certificate Environmental Protection Fund. the Adirondack Park to be a “Rural of public convenience and necessity, Statistical Area” in the US Census. If the which all wind projects 80 megawatts Census Bureau agrees, data would be and larger must receive. A wind turbine Constructive available for the entire Adirondack Park broke apart in March 2009, at Noble without having to add up the figures from Criticism Environmental Power’s Altona Wind In June, DiNapoli issued another report all of the communities that comprise the Park, scattering parts across a large area that explained some of the problems . Planners, researchers and grant and catching fire. agencies have with writers would have a much more accurate providing the grants statistical picture of the Park’s socio- paid for by the EPF. economic conditions. Sound Investing This report offered In March, state Comptroller Tom several suggestions to Spin-Out Causes DiNapoli released a report that outlined help agencies ensure many of the benefits New York receives Regulatory Fallout recipients get the money when it protects open space. The report more quickly. Over Reacting to the 2009 disintegration of a reinforced that New York should continue wind power turbine in Clinton County, DiNapoli $500 million in unspent its tradition of land protection, not only EPF funding has been just north of the Adirondack Park, the for tourism and outdoor recreation, but NYS Public Service Commission this taken by the Legislature since 2002 to also for watershed management, flood help cover budget shortfalls.

“Although huge sums of money are involved in any basis of calculation, the most important values of forest recreation are not susceptible of measurement in monetary terms. They are concerned with such intangible considerations as inspiration, aesthetic enjoyment, and a gain in understanding.” Bob Marshall

11 Attorney General

Duking it Out plain. The money came from the settle- coalition to defend the US Environmental ment of a Clean Air Act lawsuit filed by Protection Agency’s decision to allow with Big Polluter New York and other states, which resulted states to regulate greenhouse gases In December 2009, Attorney General in substantial reductions in air pollutants from automobiles. In June 2009, the Andrew Cuomo worked with a coalition that cause acid rain, plus a cash award to EPA granted a Clean Air Act waiver to of states and the US Department of Justice New York and Vermont. The money will California, allowing it and other states to reach a settlement that be used for grants to to implement global warming pollution requires Duke Energy to farmers who seek to complete water pol- emissions standards for cars. This was a clean up its air pollution. lution prevention projects on their farms. reversal of Bush Administration policy. The power company will Last September, the National Automobile cut almost 35,000 tons Dealers Association brought a federal of sulfur dioxide emis- Clean Up or lawsuit that challenges the waiver. sions each year from its Prepare to be Sued 550-megawatt Gallagher In July, Attorney General Cuomo an- Generating Station in Can’t Recall Cuomo nounced he intends to sue Pennsylvania’s New Albany, Indiana. Homer City Station, over multiple Transaction? This is equivalent to an 86% reduction violations of the federal Clean Air Act. This year the Attorney General’s office in the plant’s total sulfur dioxide (SO2) The power plant is one of the largest is unfairly singling out the Adirondack emissions. Duke will also pay $400,000 to contributors of sulfur dioxide pollution to Nature Conservancy, implying that the New York to fund projects that reduce air New York. The suit alleges that the opera- organization overcharged the state for a pollution and conserve energy. The com- tors of the power station disregarded the tract of former Domtar Industries timber- pany is also required to pay a civil penalty New Source Review portion of the Clean land. Not only was the price for the land of $1.75 million and spend $5.25 million Air Act. The company made substantial well within the official appraisals (about on other environmental projects. modifications to its coal-fired power plant $500 per acre), but the Attorney General’s and kept using the older plant without office had already reviewed and signed Compensation for bringing its emissions in line with new off on the transaction in 2008 as required standards. by law. All state land acquisitions are in- Champlain Basin tensely scrutinized, requiring the approval In May, Attorney General Cuomo worked of more than two dozen state officials for with his counterpart in Vermont to direct Car Dealers the purchase of a single parcel. a $400,000 settlement payment from Want Recall American Electric Power Co. toward wa- Last October, Attorney General Cuomo ter quality improvements in Lake Cham- announced he would lead an 18-state Federal Government

Transporting Cleaner until the Park’s ecosystems fully recover. the bill is co-sponsored The Adirondack Council testified in favor by New York Senators Air to Adirondacks of the Transport Rule at the only public This summer, the US Environmental Kirsten Gillibrand and hearing held in the Northeast, in Philadel- Protection Agency (EPA) released its Charles Schumer, and phia, PA, in August. plan to replace the Bush Administration’s nine other Senators. Clean Air Interstate Rule with the new The legislation proposes Transport Rule. The new rule would Carper Cares About to limit the amount of reduce acid rain falling on the Adirondack sulfur dioxide emitted Clean Air Carper by power plants to 1.5 Park to levels that would allow most of In February, Senator Tom Carper, the Park’s ecosystems to recover from million tons by 2018 D-Delaware unveiled his new, bipartisan nationwide and nitrogen oxides to 1.6 decades of acid rain. The Adirondack legislation aimed at curbing the pollutants Council will call for deeper cuts and insist million tons by 2015. In addition, mercury that cause acid rain and high-elevation emissions from these sources would be that federal authorities monitor the results smog in the Adirondack Park. Known as of these cuts and keep making reductions reduced by at least 90 percent by 2015. the Clean Air Act Amendments of 2010, 12 Factory Boiler Toxics its expertise on the issue. In the public Congressionsal meeting, Gillibrand had a discussion with to Drop advocates and fielded questions from Lake Champs In May, the Obama Administration three dozen Adirondack Park residents. Late last year, the 2010 federal budget proposed new emissions rules that would Gillibrand said she would press EPA included over $6 million to help clean sharply restrict emissions of mercury and to act and would work for approval of up efforts for Lake Champlain. Over the other toxic pollutants from the boilers that legislation in the Senate. last few years, the lake has suffered from provide power for many Midwest factories Gillibrand is a member of the agricultural runoff, algae blooms, and and universities. US EPA’s proposed influential Senate Environment and Public invasive species including water chestnut. action would reduce mercury emissions Works Committee, through which clean by more than 50 percent from tens of air bills must pass. thousands of industrial boilers across the Carbon Will Not country. The new rules, if put into effect, be Free would cause a steep drop in mercury Taking Our Best In June, President Obama told Congress pollution across the nation. Last November, Judith Enck was ap- that he was disappointed they had not pointed to lead the US Environmental completed negotiations on a bill limiting carbon dioxide emissions, but warned A Standard More Protection Agency’s Region 2, which covers New York, New Jersey, Puerto that it was his intention to put a price on People Can Live With Rico and the Virgin Islands. Prior to the carbon emissions as soon as possible. In June, the US EPA issued new health EPA, Enck was the Deputy Secretary Making polluters pay the taxpayers for standards for sulfur dioxide emissions, the for the Environment for both Governors the right to emit carbon, as occurs in the first such revision in nearly 40 years. The Spitzer and Paterson. Northeast’s Regional Greenhouse Gas previous standard was based on a 24-hour Initiative, forces industry to explore alter- measurement of sulfur dioxide concentra- natives that limit their carbon emissions tions; the EPA is moving to a one-hour Show Us and reduce costs. measuring period to protect against short- the Money term exposure. The new standard would This summer, the House of Representa- Connecting the prevent 2,300 to 5,900 premature deaths tives passed legislation that included fully and 54,000 asthma attacks a year. funding the Land and Water Conservation Service Fund (LWCF) at $900 million. The LWCF Last winter, Rep. Scott Murphy announced a US Department of Commerce grant of Getting Results, has been funded at various levels in the past, including a low of $137 million in nearly $40 million in Keeping Track 2007. It is expected the Senate will pass a stimulus funding for In March, the US EPA released new data similar measure this fall when it considers expansion of upstate showing that the cap-and-trade approach its oil spill legislation. LWCF is used New York’s broadband to pollution regulations has worked for to improve state parks and other public network. The money both major acid-rain-causing emissions. facilities. went to the Develop- In 2009, sulfur dioxide decreased by 1.8 ment Authority of the million tons from the previous year to a and ION level of 5.75 million tons. Nitrogen oxides Stopping Water Broadband. The funding Murphy also diminished by 1 million tons since Quality From Going is helping to connect 2008 to a level of 2 million tons. The data over 100 community sites and 250,000 will be useful in confirming the effective- Down the Drain homes, including the Tri-Lakes region. Last October, US Sen. Charles Schumer ness of current pollution control measures said that he intends and in setting new pollution limits in the to double the amount future. Choppers Won’t Affect of federal funding Bicknell’s Breeding available for water and The US Army 10th Mountain Division Listening and Acting sewer projects. Schumer has agreed to avoid conducting high- on Acid Rain Bill noted that New York altitude helicopter training on the White- In October 2009, Sen. Kirsten Gillibrand State’s infrastructure face Mountain toll road in Wilmington traveled to Lake in Ham- is crumbling and local in Essex County, during the breeding and ilton County, to seek the municipalities are Schumer fledging seasons of the Bicknell’s Thrush, advice of her constitu- starved for federal one of the world’s rarest neotropical ents on her pursuit of funding. Schumer is pushing Congress songbirds. Most of the bird’s protected federal legislation to halt to increase funding in the Clean Water breeding habitat is on Adirondack Park the damage cause by State Revolving Fund and Drinking Water mountain summits, including Whiteface acid rain. She asked the State Revolving Fund from $1.8 billion to Mountain. Adirondack Council to $3.75 billion next fiscal year, which begins st participate in her panel October 1 . He also wants 30 percent of discussion and lend Gillibrand the funds to be made available as grants instead of loans. 13 Forest & Farm Adirondack Park. In addition, the USDA A Boost for the will provide $7.1 million for Castle Cable Protection Funding TV’s broadband project in Jefferson and Northern Forest First-term US Rep. William Owens, D- St. Lawrence counties. In October 2009, Congress approved Plattsburgh, sponsored $1.5 million in funding to the Northern a bill in the House of Border Regional Commission as part of Representatives that Council Leader Now the final Energy and Water Appropriations would bring $500,000 to an EPA Advisor Too bill. The money will be invested to the Adirondack region In July, US EPA Administrator Lisa help address community and economic for the control of aquatic Jackson appointed Adirondack Council development needs in the most severely invasive species. The bill Executive Director Brian distressed areas of New York, Maine, was awaiting action in Houseal to the EPA’s New Hampshire and Vermont. Clinton, the Senate at press time. Owens National Advisory Com- Essex and Franklin counties are included mittee. The committee’s in the commission. Eligible projects must Helping Hand for job is to advise her on a develop infrastructure; assist in obtaining broad range of environ- job skills and employment related Broadband mental and trade issues education; provide basic health care and In August, the US Department of Agricul- across North America. other public services; promote resource ture announced it will provide more than Members are invited to Jackson conservation, tourism, recreation, and $27 million in economic stimulus funds serve as representatives preservation of open spaces in a manner for improving St. Lawrence County’s from academia, private industry and consistent with economic development broadband communications network. non-governmental organizations focused goals; and promote the development of The money ($20 million in a grant and $7 on the environment. Houseal accepted the renewable and alternative energy sources. million in a loan) will go to Slic Network appointment and began serving a two- The bill was supported by US Senators Solutions for its St. Lawrence Broadband year term in August. Charles Schumer and Kirsten Gillibrand, Initiative, which includes towns inside the as well as US Representatives Scott Murphy and William Owens.

Tip of the Hat Each year in State of the Park, the Adirondack Council recognizes the positive efforts other not-for-profit organizations, groups, individuals and companies have brought to the Park’s environment and sustainable economy over the past 12 months. We offer a tip of our collective hats to: Paul Smith’s College and SUNY College of Environmental The Advisory Council and the Great Science and Forestry (ESF) are in negotiations to staff and Sacandaga Lake Association are keeping a close eye on water operate the facilities that were formerly the Adirondack Park quality in one of the Park’s largest reservoirs, hiring the Darrin Agency’s two Visitor Interpretive Centers in Paul Smiths and Freshwater Institute of Rensselaer Polytechnic Institute to sample Newcomb respectively. Gov. David Paterson’s severe cuts to its feeder streams. For the second year in a row, the groups the APA budget forced the agency to eliminate all eight staff sounded the alarm about fecal bacteria levels at the Kennyetto positions and close the two centers. Creek in Mayfield in Fulton County. The state Department of Health allows a maximum of 1,000 parts of fecal bacteria per 100 ADK Action.org released a report in February that outlined milliliters of stream water. Results from the Kennyetto Creek on additional problems with the overuse of road salt and some of July 20 produced 4,960 parts per 100 milliliters. The Institute the solutions that government can take to reduce the environ- sampled water at 29 sites over several days in July and August. mental impacts. The report was put together by the Adirondack Watershed Institute at Paul Smith’s College. ADK Action and the Rose Pettit, a senior citizen and resident in the Town of Greig, Adirondack Council co-sponsored a stakeholders meeting on this Lewis County, has been a strong advocate for environmental topic in May. issues in her part of the Adirondack Park. This year, Rose sued Lewis County for opening roads to ATVs, including one near The Center for Biological Diversity petitioned the Department her house, even though the roads do not connect any legitimate of the Interior in September to put four species of birds, including trails. She has also been an outspoken critic of the Hidden Falls the Bicknell’s Thrush, on the threatened or endangered list under Spring water extraction project near her property, which would the Endangered Species Act. The Bicknell’s Thrush is a rare take nearly 300,000 gallons of water a day and pipe it underneath neo-tropic songbird that lives on high-elevation mountaintops, the to tanker trucks waiting on the other side in the including some in the Adirondacks, where climate change will neighboring Town of Turin. have a severe and detrimental effect on their habitat. The Center is also pressuring the federal government to combat white-nose syndrome, which is wiping out bat populations across New York and several other eastern states. 14 Adirondack Park Vision A Park Where Nature and People Thrive Side by Side

When the 1894 New York State are wonderful evidence that nature can watersheds and abundant habitat for all Constitutional Convention approved rebound when given a chance. There are native wildlife. Article XIV, the ‘Forever Wild’ clause still many threats that the Park faces from These worthy goals require us to set that began the creation of the Adirondack acid rain, climate change and invasive aside large areas of land and water and Forest Preserve, they did so to protect species, but large core natural areas will ban development therein. We must do the most important economic asset of tend to be more resistant and resilient to the one thing that seems most difficult to the region – its watersheds, which served those threats. There is still much to be human beings – acquire something unique to maintain the vitally important Barge done, including better integration with and beautiful, and leave it alone. We Canal System for the Empire State. By local people who live here. must withdraw the hand of civilization, this action, New York embedded the Internationally, conservationists have and recognize that civilization relies concept of wilderness into its fundamental known for decades that it is impossible on wilderness for more than most of us social charter, and became one of the few to draw a boundary line around natural recognize. Few states or nations have had governments in the world to guarantee areas as large as six million acres - more the courage or foresight to accomplish wilderness protections to its lands, waters, than 9,000 square miles - to establish this task. and the plants and animals found there. a protected area unless you take into More than 20 years ago, the United Although these early conservation account the basic needs and economic Nations recognized the Adirondack Park- leaders were beginning to understand aspirations of the people who already Lake Champlain region as one of only two- the natural connections that we now live there. In great part, the stewardship dozen World Biosphere Reserves. The UN call ecological integrity and biological practices of local residents who depend identified the Park as the most populous diversity, no one could have foreseen the on the natural resources for subsistence region in which nature and communities impact of protecting large core wilderness are among the main reasons that natural thrive side-by-side, together protecting areas at the time, other than to stop the ecosystems and species still exist in these natural resources of global significance. rapacious destruction of natural habitat biologically significant areas. The Adirondack Park was again cited and species that was occurring across The Adirondacks are no exception. as the model in 2009, when the British the continent with the country’s western The state’s most successful efforts to Parliament created the South Downs expansion. protect the region have focused more National Park in England, which combines As a result of those visionary on threats that come from outside the public and private lands in a single park decisions, today the Adirondack Park is region, such as major developers and with a common management plan. the largest remaining protected patch of international logging or mining interests. As the world begins to recover from deciduous forest anywhere on our planet. They have also focused on those resources a long economic recession, New Yorkers The recuperation of the deforested lands that one town or county could never know that the state officials who serve and return of many species that were once hope to protect by itself – wild river in the Adirondack Park must build on extirpated by past destructive practices systems, extensive wetlands, undeveloped our traditional strengths: nature-based and cultural tourism, forestry, farming, the arts, and light manufacturing. In particular, tourism is the number one local and global industry and we must compete globally to attract new people and money. One way to achieve this objective is to seek a new designation for the Park as a World Heritage Site for both its natural and cultural values. Clearly, we have the geological features, naturally functioning ecological processes, wide array of native species, and wild character. In addition, we have a unique history and traditional architecture, art, literature, music and culture of the Adirondacks. Once branded as a World Heritage Site, we would increase our tourism visitation as a world- class destination. Let’s show the world how wilderness and people can thrive together!

The Village of Saranac Lake and the Town of Harrietstown, surrounded by mountains and lakes, celebrated for its quality of life (see page 8). Photo © Carl Heilman ll/Wild Visions, Inc. 15 2010 Award Winners

Conservationist of the Year Adirondack Harvest The sustainable agriculture organization Adirondack Harvest has been a prominent advocate for Adirondack farms and farmers’ markets for more than a decade. The Adirondack Council celebrated the group’s outstanding leadership in July by presenting it with the Council’s highest honor, the Conservationist of the Year Award. The award was presented by Adirondack Council Chair Brian Ruder at our annual Forever Wild Day celebration on July 10 at Hohmeyer’s Lake Clear Lodge. Adirondack Harvest received a museum-quality, hand-carved common loon by Dr. Robert Poe of Inlet to commemorate the award. As part of the celebration, the Council hosted a 100-mile- lunch, in which all ingredients for the meal came from within 100 miles of Lake Clear. Sustainable local farming is one of the essential elements of a healthy environment. The more we can produce close to home, the less fuel we use in transporting food to consumers. This cuts our dependence on oil, improves L to R: Tom Both, Adirondack Harvest, Brian air quality and Houseal, Adirondack Council Executive decreases traffic. Director, Laurie Davis, Adirondack Harvest, By organizing Brian Ruder, Adirondack Council Board Chair. farmers into Above left: Farmers gather with representatives of Adirondack regional markets, Harvest at the Council’s Forever wild Day. promoting local farm stands, and bringing the producer and consumer together, Adirondack Harvest has created a boon in direct-to-consumer sales in the Adirondacks. The result has been an improved quality of life for everyone involved. Adirondack Harvest maintains a database and map of all local farms that sell produce, which can be viewed online at www.adirondackharvest.com.

Read remarks and view photos on our website at www.AdirondackCouncil.org.

Council Honors Keeping Track In August, the Adirondack Council honored Keeping Track at the Council’s annual midsummer gathering at the Split Rock Lighthouse (www.AdirondackDreams.com) on Whallons Bay, on the western shore of Lake Champlain. Susan Morse is the founder of Keeping Track, a grassroots, citizens’ science organization. She is a nationally recognized naturalist and habitat specialist, forester and tracker and has been a conservation leader in the Champlain Basin for decades. Her work is vital to understanding which areas are essential to the survival of specific birds, fish and mammals, so we can make room for them when we are planning our communities and commercial developments. Data collected by Keeping Track teams has influenced the conservation of over 30,000 acres www.keepingtrack.org of habitat in twelve states and Quebec. Morse has tracked and taught in the Split Rock Wildway - an area of conservation concern linking the wildlife habitats of the Adirondack Park’s High Peaks region with the Champlain Valley to the east. This range varies from the Lake Champlain shore, just one hundred feet above sea level, to the mile-high peaks of the Park’s interior. Most of the valley is privately owned forest and farmland. Keeping Track founder, Susan Morse and Council Executive Director, Brian Houseal 16 Reduce Yo u r Carbon Fo o t p r i n t We’re Co u n t i n g o n Yo u !

You make a difference when you: ·· write letters or make calls to policymakers ·· keep up-to-date on issues ·· write letters to the editor of your local newspaper ·· spread the word when action is needed ·· join online discussions and speak up for the Park ·· encourage family and friends to get involved Purchase a Carbon Reduction Certificate through Sign up for our e-mail updates at AdirondackCouncil.org our Cool Park/Healthy Planet program and we will and follow us on Facebook and Twitter, so you’ll be sure to permanently retire THREE TONS of carbon dioxide know when your actions are needed to make a difference from the Regional Greenhouse Gas Initiative (RGGI). for the Adirondack Park. Funds generated by the Council’s Cool Park/Healthy Planet program are used for education, advocacy and Thank you! additional credit purchases. (A $25 contribution retires three tons.) To learn more go to our website www.AdirondackCouncil.org/CoolParkHealthyPlanet.

The Adirondack Council offers a small collection of products to help raise the funds needed to advocate for the Adirondack Park every day. You can place an order by calling 877.873.2240 (toll-free) or order online at www.AdirondackCouncil.org Proceeds from sales benefit Adirondack Park conservation. Additional items are available on our website.

Ad i r o n da c k Co u n c i l 2011 Fo r e v e r Wi ld Ca l e n da r

Featuring the Adirondack landscape photography of Carl Heilman II, the Adirondack Council’s 2011 calendar brings you into the Park with Carl’s breathtaking images. $13

Ad i r o n da c k Par k Map With Wat e r c o l o r Il lu s t r at i o n s This 2nd Edition of our Adirondack Park map (35” x 43”) shows public and private lands, wilderness areas, mountains, rivers, towns and highways. The map is bordered by beautiful, detailed watercolor illustrations by artist Anne Lacy depicting various Park habitat: alpine meadow, river valley, marsh, bog, river, brook, hardwood forest, lake, beaver flow, boreal forest and farm fields. Laminated map: $40 Unlaminated map: $25 17 Non-Profit FOREVER Adirondack Council Organization Defending the East's Greatest Wilderness U.S. Postage WILD 103 Hand Avenue, Suite 3 PAID Syracuse, NY P.O. Box D-2 Permit No. 994 Elizabethtown, NY 12932

Adirondack Council he Adirondack Park is the largest park in the contiguous United States. Its wild, natural beauty is a Tsanctuary for wildlife and people in today’s world. The Adirondack Council is the leading voice for Adirondack conservation. We are showing the world how people and nature can thrive together. Not a member yet? Join us! Adirondack Council memberships begin at $35. Membership benefits include regular newsletters, special reports on important topics of the day, action alerts and the opportunity to play an active role in protecting the Park’s natural resources and scenic beauty.

Board of Directors Staff Chair, Jeff Donahue Brian Houseal, Executive Director Brian Ruder Robert Garrett Lilli Anson Lisa M. Genier Vice-Chair, Sarah Collum Hatfield Julie Ball Susan Hughes Ann E. Carmel Sheila M. Hutt Katherine Buckley Alanah Keddell Vice-Chair, Lee Keet Elaine Burke Kathy Kelley Robert J. Kafin Virginia M. Lawrence John Davis Scott M. Lorey Secretary, Lawrence Master, Ph.D. Diane Fish John F. Sheehan Curt Welling Sarah J. Meyland Tyler Frakes Treasurer, Sherry Nemmers David Heidecorn Richard L. Reinhold Directors Emeriti Kevin Arquit David Skovron Timothy L. Barnett Robert L. Hall, Ph.D. Jeff Bronheim James L. Sonneborn Richard Beamish Gary F. Heurich David Bronston Lynette Stark Etienne Boillot Theodore L. Hullar, Ph.D. John P. Cahill Thomas D. Thacher II Peter Borrelli George R. Lamb Charles D. Canham, Ph.D. Joel H. Treisman Alison Hudnut Clarkson Ernest LaPrairie Liza Cowan Tony Zazula Tom Cobb Douglas S. Luke David C. Condliffe Cecilia A. Mathews Where to Find Us Dr. Dean L. Cook Karen Meltzer Main Office Albany Office Evan A. Davis Scott L. Paterson P.O. Box D-2 342 Hamilton Street George D. Davis John M.C. Peterson 103 Hand Ave., Suite 3 First Floor James C. Dawson James S. Phillips Elizabethtown, NY 12932 Albany, NY 12210 Joanne Waldron Dwyer Avery Rockefeller III 518.873.2240 518.432.1770 Edward D. Earl John K. Ryder, Jr. 877.873.2240 toll-free 800.842.PARK toll-free Baird Edmonds Samuel H. Sage www.AdirondackCouncil.org Betty Eldridge Arthur V. Savage [email protected] Christopher Elliman Ellen Marshall Scholle John Ernst Constance A. Tate Printed on Mohawk Options recycled paper (100% post-consumer content) at a facility J. Edward Fowler Norman Van Valkenburgh that is certified 100% wind powered. Barbara L. Glaser, Ed.D. Patricia D. Winterer