NEWS ARCHIVE -- Fall, 2010

APA undergoes a review of its regulations

By letter of July 27, 2010, the Governor’s office designated the APA to conduct a review of its regulations pursuant to Executive Order 25. The goal of EO25 is for agencies and the Governor’s Office of Regulatory Reform "to seek opportunities to improve the State’s economy by reducing the regulatory burden on the public, without compromising critical protections". As the first step in the EO25 process, the Agency offered a 60-day period for public comment on its regulations. The public comment period expired on October 18, 2010. According to APA staff substantive EO25 comments were received on the existing regulation pertaining to wetland subdivisions, the shoreline variance process and, the definition for "campground." Agency staff are considering additional opportunities for regulatory and administrative reform that are responsive to EO25 and that continue the Agency’s existing regulatory reform process. The next step in the EO25 process is for APA to meet with the Governor’s office and the Governor’s Office of Regulatory Reform. At this time of transition to a new Governor, it is uncertain as to the future of APA regulatory change.

DEC revises regulations on endangered species

On November 3, 2010 revisions to the Department of Environmental Conservation (DEC) regulations for endangered and threatened wildlife went into effect. The revisions clarify the permit ("an incidental take permit") application and review process for projects that are likely to adversely impact protected species or their habitat. The revisions clarify an existing permit program that has been in place for 30 years. For most landowners, the revisions will have no impact on current or future activities. If you have not had protected wildlife issues associated with your property before, you will likely have no issues under the revisions. The activities requiring a permit are likely to be larger projects that harm threatened and endangered species through the permanent conversion of occupied habitat. The revised regulations, including the list of threatened and endangered species, are posted on DEC’s website along with frequently asked questions on the regulations. This News note is taken from a longer description found in the December 2010, Vol. 104, No.9 of ESFPA’sThe Empire Envoy.

Foundation for Land and Liberty is a new advocate for private property

Karen Moreau is president of a newly formed not-for-profit, the Foundation for Land and Liberty, which seeks to protect the security of private property and economic liberty by documenting cases, educating the public, and litigating or supporting litigation when necessary. The organization’s tag line is a quote from John Adams, "Property must be secured or liberty cannot exist". Further information their website is www.landandlibertyfoundation.org/about.html. ALA’s Senior Advisor has had the opportunity to introduce ALA to Ms Moreau, and to mention the expertise on property rights issues that lies in our Legal Affairs Committee.

Brandreth Park files an action seeking declaratory judgement to clarify private property rights vs. public access in the Mud Pond parcel case

In a public statement the Brandreth Park Association announced it had filed an action on Monday November 15, 2010 to seek declaratory judgement from a court on the issue of private property rights versus public access in a very specific part of their property known as the Mud Pond Parcel. The public statement goes on to say, "This filing has been made necessary due to repeated intentional trespassing by various parties to test whether claims of public access to the waterways in this remote parcel of land have primacy over the private property rights of the land owners." Later in the public statement, "If we were not to defend our private rights and were to allow the public to traverse this section of our land, especially when an alternative public access route is available and significantly shorter, we would be voluntarily and unnecessarily abdicating the legal foundations of our property rights." The Legal Affairs Committee of the ALA Board has been briefed on the suit by representatives of Brandreth Park, and will be following its progress closely.

Adirondack Partnership is a new group advocating for the Adirondacks

Over the past few years there have been two groups working at identifying and then moving for implementation Adirondack programs for which there is shared agreement between environmental groups, local government officials and concerned citizens. One of these groups was a grass-roots effort known as the Common Ground Alliance. The other was an Adirondack Steering Committee formed by DEC Commissioner Pete Grannis and chaired by Bill Farber, Supervisor of the Town of Morehouse. The main activity of the Common Ground Alliance was drafting a Blue Print for the Blue Line that captured an agenda developed from an annual forum of Adirondack citizens and groups. The Steering Committee would use the Blue Print and other inputs to communicate to state agencies through the Commissioner of DEC an agenda for moving toward sustainable communities and economy in the Adirondacks. With the change in DEC Commissioner there is no guarantee that the Steering Committee will continue. Therefore, the Commmon Ground Alliance core group and the Steering Committee with advice from the Department of State have formed a new group, the Adirondack Partnership that will continue trying to find, advocate for, and implement activites for which there is shared agreement amongst Adirondack citizens. The Adirondack Landowners Association has been at the table throughout these negotiations through Ross Whaley’s involvement in the Common Ground Alliance Core Group. The Partnership is in its formative stages. you will hear more as it matures.