DEC Publishes 480-A Regulatory Amendments

In the July 13th 2022 State Register DEC published proposed regulatory amendments to the 480-A Forest Tax Law program (6 NYCRR Part 199). See pages 8 (14 in the PDF) – 10 (16 in the PDF) for the text of the regulation. Additional regulatory documents on the rule can be found here and the press release.

The proposed changes include:

• Extending the period an approved forest management plan would cover from 15 years to 20 years and requiring fewer plan updates;
• Providing more flexibility to enrolled landowners to complete forestry treatments by changing the work schedule from year-by-year deadlines to a 10-year work window;
• Strengthening forest sustainability requirements on enrolled lands, such as explicitly banning high grading and requiring efforts to establish adequate forest regeneration. High grading involves removing most of the commercially valuable trees at the expense of future growth and future financial return, often leaving a forest in poor condition; and
• Establishing a training requirement for consulting foresters working with Forest Tax Law clients to help set clear expectations and standardize Forest Tax Law administration across the state.

The proposed changes would go into effect on March 1, 2023.

DEC is holding two virtual public comment hearings on Sept. 13, and will be accepting public comments through Sept. 19. The public is encouraged to submit comments in writing to: NYSDEC Private Lands and Forest Utilization Section, Bureau of Forest Resource Management 625 Broadway, Albany, NY 12233-7254 or by email to: bslmregs@dec.ny.gov. The virtual public comment hearings will be held on Sept. 13, at 1 p.m. and 6 p.m. For more information about the new and revised regulations, as well as how to participate in the public comment hearings, visit DEC's website.

Climate Action Council Meets

The Climate Action Council (CAC) met on Monday, July 11th for the first time since the ending of the draft Scoping Plan public comment period on July 1st. You can review the slide deck and recording of the meeting here.

In regards to public comments, over 35,000 comments were received on the draft Scoping Plan. Over 25,000 of those comments were “form filings” meaning that comments were sent in following a provided form email request.

OUr friends at ESFPA provided very helpful comments,, submitted on June 29th , and can be found here.

The CAC plans to have a summary of all comments received for their August meeting.

Other topics of the July 11th CAC meeting included:

• Update of the public review of the draft Disadvantaged Communities Barriers and Opportunities Report which can be found here.
• Discussion of the proposed criteria for the designation of Disadvantaged Communities, which are currently out for public comment. The CAC has extended the comment period to August 5th.
• There were presentations from labor representatives on workforce related issues of the recommendations in the draft Scoping Plan. Labor has several concerns with the impact recommendations will have on existing fossil fuel-based sectors and manufacturing in general. Several comments reflect some of the same concerns we raised in our comments.
• Report outs on the three Subgroups that are meeting through the summer:

1. Alternative Fuels – looking at the role of alternative fuels in the Scoping Plan, including a lot on biofuels across the economy.
2. Gas Transition – looking at how far will the Scoping Plan go in transitioning away from fossil based natural gas and what, if any role, for renewable natural gas.
3. Economywide Policy – looking at policies relating to financing implementation of the Scoping Plan through a cap and trade, carbon pricing or other economywide mechanisms.

ENGO and EJ Climate Scoping Plan Comments

Earlier this week we received comments submitted by 58 Environmental Non-Governmental Organizations (ENGOs) and Environmental Justice (EJ) groups. We are providing a copy of the comments submitted by that coalition. The document covers all major sections of the draft Scoping Plan, and while we are still reviewing the document, it reiterates a number of positions and recommendations already presented that the recent public hearings. In their summary, they argue for several broad principles, including the achievement of “environmental justice” (i.e., emission reductions and “green” investments in disadvantaged communities), full electrification and elimination of fossil fuels, and rejection of “false solutions” including biofuels and continued use of wood for energy across sectors. While the document is 174 pages long, within the first 28 pages you can read their overall comments and then their comments on the Agricultural & Forestry recommendations.

The comments take a very pro-forestation position on forests and are extremely critical of the wood products industry and recommendations in the draft Scoping Plan that would encourage more use of wood products in addressing climate change.

We thought these comments would be useful to ESFPA members in understanding other viewpoints being shared with the Climate Action Council. This shows the challenges we will have going forward and certainly presents some challenges for those responding to comments and the deliberations of the Climate Action Council going forward.

DEC Announces Fourth Round of ‘Regenerate NY’ Forestry Cost Share Grants

The 4th round of funding for DEC’s Regenerate NY has become available. Some ALA members have taken advantage of this program. Learn more here about the program and how to apply.

ALA Position on Conservation Design Bill

Recently, the Adirondack Landowners Association sent a letter to a number of elected state officials in regard to a pending piece of legislation. 

The reason for the letter we sent is a proposed bill, A08123, commonly referred to as the Conservation Design Bill, that deals with real estate subdivision in the Adirondack Park, and more specifically revisions to the Adirondack Park Agency Rules and Regulations regarding subdivisions.

The Adirondack Park Agency has had regulations in place to deal with real estate subdivisions and development in the Park for many years.  Recently the agency revised and strengthened these rules to better deal with the protection of the Park through enhanced conservation design procedures.  

There are now certain legislators who want to rewrite the agency’s rules and that is the basis of this proposed legislation.  Unfortunately, the legislature is not the place to forge detailed environmental conservation design regulations.  We feel strongly that these issues be left to the APA, who have many years of experience in this technical business.

This proposed legislation has the potential of undermining the function of the APA and also impacting the value of private property in the park.

If you are a resident of New York State, we hope you will consider contacting your state senator and assembly member to tell them to oppose this legislation, and let the APA do its job.

- Wilbur Rice

Lawsuit Ends in Favor of Adirondack Landowners 

The Brandreth family has won its lawsuit defending their right to manage access to their property, which they’ve controlled since 1851. The Adirondack Landowners Association provided an amicus brief during a key time in the case, when it was before New York’s highest court, the Court of Appeals. 

The case involved part of Lilypad Pond, Mud Pond, Mud Pond Outlet, and Shingle Shanty Brook on Brandreth family property. The legal question at the center of the case was whether the capacity for recreational travel alone is sufficient for a waterway to be considered a public highway. In 2016, the Court of Appeals made it clear that New York has not adopted a recreational use standard, and sent the case to trial. In December 2018, the trial court found in favor of the Brandreth family, and the defendants did not appeal as of the November 1, 2019 deadline. 

The president of the Brandreth Park Association, Christopher Potter, issued the following statement:

The Brandreth Park Association and Friends of Thayer Lake LLC gratefully acknowledge that our lawsuit over public access to the privately-owned Mud Pond Outlet and adjacent waters has ended in our favor. The defendant and intervenors did not appeal the decision of the trial court by the deadline and, as a result, the matter is automatically dismissed by court rule.

 The piece of Adirondack wilderness known as Brandreth Park has always resonated strongly and deeply in our family history, and we have enthusiastically embraced our ongoing stewardship responsibilities to protect and preserve it for 168 years.  Ten years ago, an individual intentionally trespassed on our property (and publicized his actions) in an attempt to establish a legal basis for public access. We responded by filing a lawsuit to protect our historic and constitutional rights to privacy, and we have now achieved that goal.  The court’s judgment establishes that the Mud Pond Outlet and adjacent privately-owned waters are not open to the public.  

 We are especially grateful to several organizations that provided amicus briefs and moral support over the years, including the Adirondack Landowners Association, the Empire State Forest Products Association, and the Pacific Legal Foundation, as joined by the New York Farm Bureau and the Property Rights Foundation of America.

The Adirondack Landowners Association is grateful that this case has concluded in favor of the landowners, and has strengthened property rights in the Adirondacks and throughout New York.

Become an Associate member of ALA

If you are already part of a Regular Member organization or club, why not consider becoming an Associate Member. Your financial support will help to fund the efforts of the ALA as we promote our network for exchanging ideas, addressing concerns among landowners, providing representation on important issues, and helping to ensure that the interests of Adirondack landowners are well advocated. You can find an application on our website...click on Join.