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A state Supreme Court
judge tossed a lawsuit filed by the Adirondack Council against the
Adirondack Park Agency, state Department of Environmental
Conservation and the state Office of Parks Recreation and Historic
Preservation earlier this week aimed at overturning a set of
recently adopted Adirondack snowmobile trail siting guidelines.
The green group
argued that the guidelines will allow the siting of snowmobile
trails up to two miles into the heart of state Forest Preserve
lands. Green groups argue this fact is in direct violation of the
State Land Master Plan and a subsequent environmental review.
But Justice Gerald
Connolly found that no actual harm has been caused by the new
guidelines and any potential harm could be avoided by the future
action of state regulators.
“Ongoing
administrative proceedings may result in trails that are sited in
acceptable locations and constructed in an acceptable manner to
petitioner, and, as further agency action and proceedings might
render the disputed issues moot or academic,” the decision reads.
The two-tiered
guidelines have yet to be put into full-scale practice and several
procedural steps have yet to be completed to allow for its
implementation.
It was adopted by APA
commissioners earlier this year and establishes larger community
connecter trails and smaller spurs. Under the plan, the two trail
types have different maintenance regulations.
But green groups
would have preferred the trail siting plan keep the trails as close
to public roads as possible and out of the heart of forest preserve
lands.
“The Guidance cannot
be considered definitive action nor can it be said that petitioner’s
alleged injuries are actual or concrete,” Connolly writes.
Snowmobilers contend
that trails that travel deep into the woods is a key part of the
recreational experience.
Attempts at creating
a snowmobile plan for the park have been in the works for nearly a
decade. The process has involved give and take from regulators,
local governments and environmentalists.
APA spokesman Keith
McKeever said the agency stands by the siting plan and looks forward
to its implementation.
“The snowmobile trail
guidance represented a significant milestone for APA and DEC
regarding this long debated State Land Master Plan issue. Our
position was contrary to the ADK Council’s and we are satisfied with
the court’s decision,” McKeever said.
“We believe the trail
guidance embodies a new way forward to help ensure the
sustainability of the Adirondack Park. We look forward to
implementing the trail guidance with DEC through the unit management
planning process,” he added.
Snowmobiling is one
of the largest components of Hamilton County’s winter economy.
It remains unclear if
the council will appeal the decision.
-Jon Alexander,
9-3-10
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