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John F. Sheehan
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Released: Thursday, May 21, 2009

LAKE PLACID, N.Y. – The Adirondack Council today called on NYS Department of Environmental Conservation Commissioner Peter Grannis to use his administrative authority to re-close a former road in an Adirondack Wilderness Area that was opened to motorized traffic today by a state administrative law judge.

“It appears from the judge’s decision that the state didn’t properly close this road when it assumed ownership of it and converted it to a hiking, ski and horse trail,” said Adirondack Council Executive Director Brian L. Houseal. “But today’s decision doesn't have to be the final word on the matter.

“Commissioner Grannis has the authority to use the NYS Vehicle and Traffic Law to prohibit the use of motorized vehicles on this and other roads that are affected by this decision,” Houseal explained. “We urge Commissioner Grannis to begin that process right away. He should have done so today, as this decision was announced, to avoid the chance that someone is already out there riding a jeep or an all-terrain vehicle on this road.

“It is also imperative that the DEC issue its ATV Policy for state lands, which was first announced by Commissioner Erin Crotty during the Pataki Administration,” Houseal said. “DEC cannot allow fragile wildlife habitat and water quality to suffer in New York’s premiere Wilderness Park due to DEC’s inability to complete its work in a timely way.”

Commissioner Grannis can act right now to stop motorized traffic in off-limits locations in the Adirondack Park by exercising NYS Highway Law Section 212, Houseal said,

NYS Highway Law Section 212:
§ 212. Changing location of highways over certain lands owned and occupied by the state. If a highway passes over or through lands wholly owned and occupied by the state, the location of such portion of such highway as passes through such lands may be altered and changed, or the same may be abandoned or the use thereof as a highway discontinued with the consent and approval of the state authority having jurisdiction or control over such lands by an order directing such change in location, abandonment or discontinuance. Such order shall contain a description of that portion of the highway the location of which has been changed, abandoned or discontinued, and a description of the new location thereof, if any, and shall be filed in the office of the state authority having control of such lands.

“If Commissioner Grannis doesn’t make use of Section 212, today’s decision could turn into a disaster for the natural character of the Adirondack Park,” Houseal explained. “There are more than one million acres of protected, roadless Wilderness in the Adirondack Park. It represents nearly 85 percent of all roadless, wilderness forest lands in the eastern United States. Yet, it is only 1/30th of New York State’s total land area – very rare.

“Opening these roads to motorized traffic will harm wildlife, water quality and the peaceful nature of the last big place left in the Northeast where you can escape the noise and pollution of motorized traffic,” he said.

Under the Adirondack Park State Land Master Plan, approved by the Legislature in 1972, all motorized or mechanized travel is banned by state law in Adirondack Wilderness Areas, including mountain bikes.

Another 1.5 million acres of the public Adirondack Forest Preserve is classified as Wild Forest, where motorized traffic is allowed on some designated highways, but not in sensitive areas. Today’s ruling could be interpreted to mean that any road that was never lawfully abandoned to motorized traffic is now open, regardless of its classification as Wilderness or Wild Forest.

The Adirondack Council is a privately funded not-for-profit organization dedicated to ensuring the ecological integrity and wild character of New York’s 9,300-square-mile Adirondack Park. The Council carries out its mission through research, education, advocacy and legal action. The Council has members in all 50 United States and on four continents.