Regional News
APA faces multi-county lawsuit over new regulations
The APA
was served with two separate lawsuits this week that seek to overturn
regulations it passed back in November. Both suits allege that the
park agency illegally expanded its own authority when it changed the
way it takes jurisdiction over development in the Adirondack Park.
"They have rule-making capabilities as they are an
administrative agency but they cannot legislate or make law and
that's sort of what they're doing."
That's Essex County
Attorney Daniel Manning, who represents one of nine counties that's
suing.
The new rule that's gotten the most attention ends the
practice of exempting pre-1973 buildings from most shoreline
setbacks.
"Now you would not be able to
increase the area of your residence sideways or backwards without a
variance first which might be very difficult to obtain."
To get a
variance, property owners will have to hold a hearing and then go
before the APA's Board of Commissioners who meet in Ray Brook.
Proponents of the new rules say that in the past, developers have
been able to tear down modest camps, replacing them with garish
mansions that came right up to shore.
But others fear the
added restrictions will affect property values and by extension a
community's tax base.
Manning said that's one reason counties have agreed to band together
and go to court.
"Essex County and the other counties
involved are very concerned about this and we want to make sure that
the revenue that's generated from the sale of these types of
properties on shorelines - the real property taxes that we're able
to obtain - is not going to be, you know, thwarted in any
respect."
On a separate front, new definitions for hunting
and fishing cabins has drawn fire from forestry owners who lease land
to hunting clubs throughout the park.
These cabins had traditionally enjoyed
immunity from most APA regulations.
But changes adopted in
November prohibit any structure hooked up to a public utility from
enjoying this exemption.
The Empire State Forestry Association - which represents private timber interests - agrees that the camps should be modest, said Kevin King, the association's president.
But he objects to language that says the cabins should only be used occasionally.
"It begins to put our members in
a difficult scenario that they now have to create logs or keep other
kinds of paperwork to track how frequently people are coming in and
out. All of that seems inconsistent with what the law allows for
around these structures and given that this use has been going on for
such a long period of time and works extremely well for the landowner
to provide the access - this clearly is a step beyond where we
think the agency has jurisdiction."
Adirondack Park Agency
spokesman Keith McKeever said the agency is consulting with the
attorney general's office on how to move forward. He defended the
shoreline regulations as necessary in protecting water quality.
"This is a matter that we feel strongly about. This is for
protection of the water quality, that is what this is about. We
certainly feel that we are within our legislative mandate."
The battle over these new regulations is creating bad blood
between local governments and the park agency. Last month, a
coalition of counties delivered a petition asking the APA to
reconsider the new rules.
But the agency rejected the
counties' request and then canceled this month's meeting because it
said there were no "action items" to consider.
That's
prompted Fred Monroe of the Adirondack Park's Local Government Review
Board to complain to the governor.
"To say there were no
action items when elected officials in five counties representing
hundreds of thousands of people questioned an agency action and asked
to be heard, I just think is not proper."
The park agency
is required to respond to both lawsuits by March 6.
For
North Country Public Radio, I'm Jacob Resneck.


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