New York State Department of Environmental Conservation (DEC) has finalized DEC’s Commissioner Policy 78 (CP-78), the Forest Preserve Work Plan Policy. This policy is expected to serve as a guide for newly proposed projects and the evaluation of their site-specific impacts to the environment and character of the New York State Forest Preserve.
The change comes after the New York Court of Appeals, the State’s highest court, ruled that extra-wide Class II Community Connector Snowmobile Trails designed, approved, and constructed by DEC and the Adirondack Park Agency (APA) violated Article 14, Section 1, of the New York State Constitution, the “Forever Wild” clause.
The Court of Appeals decision followed a decision in July 2019 by the Appellate Division, Third Department, which ruled 4-1 in favor of Protect the Adirondacks that the tree cutting by the state to build the Class II trails violated Article 14, Section 1. The Appellate Division reversed the trial court’s ruling in favor of the state that was issued in December 2017 following a 13-day trial in State Supreme Court in Albany in early 2017.
After the ruling DEC and other Adirondack Park trail developers inaccurately argued that the court had made it impossible to build or maintain trails in the Adirondack Park.
The new Forest Preserve Work Plan Policy establishes administrative procedures for assessing the impacts of construction and maintenance activities on the Forest Preserve and for drafting site-specific work plans. With the adoption of this new policy, DEC’s previous Forest Preserve tree-cutting policy, LF-91-2 – Cutting, Removal or Destruction of Trees and Endangered, Threatened or Rare Plants on Forest Preserve Lands, is officially being rescinded.
“The new policy formalizes DEC’s assessment of construction and maintenance activities beyond just the identification of vegetation impacts to include a more holistic analysis of all potential impacts to the Forest Preserve,” an announcement sent to the press said, “with an emphasis on identifying ways to avoid, minimize, and mitigate such impacts.”
Protected by the New York State Constitution as “forever wild,” the Forest Preserve comprises State lands in the Adirondack and Catskill parks.
DEC drafted CP-78 with input from the public, the Trail Stewardship Working Group, and partners at the Adirondack Park Agency (APA). The Trail Stewardship Working Group included members from local government, environmental groups, recreation groups, trail builders, and APA staff.
The policy can be viewed on DEC’s website.
Photo: Class II Community Connector Snowmobile Trail courtesy Protect the Adirondacks.
Leave a Reply