The Adirondack Park Agency: Under the Influence and In Need of Detoxification

For more than 30 years, Adirondack Park Agency policy and New York State policy has been driven by environmental pressure groups and personal agendas that seek to prevent ordinary people from building sensible, needed projects that in no way threaten the environment -- even when there clearly is no law or regulation against them.

In August 2010, The Adirondack Park Local Government Review Board prepared a White Paper Report to the Governor and Legislature that explored the question:

Is it possible, on a long-term basis, to balance the goal of isolating and permanently protecting millions of acres of forest, while maintaining in close proximity strong, economically vibrant communities with sustainable employment and educational opportunities for local residents and essential services to millions of visitors?

The answer: Not so far. Environmental protection has been strong. But economic deterioration is deep, prolonged, and spreading. And it is this imbalance that raises concerns of the residents, businesses and governments in the Adirondacks as the Review Board, which has been chronically underfunded (keeping it as a less-than-effective reviewing agency or watchdog), constantly raises its collective voice in order to be part of the debate over our future.

Our well-researched and thoughtful report (which you can download from the Review Board here) compiling the issues that local governments have had with the APA was met initially with a letter from APA Chairman Curt Stiles lambasting the Review Board for speaking out, and questioning whether the Review Board represents the best interest of local governments.

Local governments are speaking up and clearly confirming that the Review Board does represent their interests:

Post-Star articles on problems residents have had with the APA

Post-Star projects editor Will Doolittle wrote a series of newspaper articles that outlined many of the conflicts that residents of the Adirondacks have had with the APA. You can read for yourself his reporting and decide.

John and Dawn Maye's four year ordeal -- threatened with thousands of dollars in fines -- for alleged violations that didn't exist on their property
LeRoy Douglas' harrowing account of having to convince the APA that he didn't build a road on his property that had existed for decades, then uncovered email correspondence about his property between APA staff and an unidentified sender that urged the agency to crack down on him. Douglas' lawyer believes that the chairman of the Adirondack Council, a neighbor of Douglas, was the author of the email.
State Sen. Elizabeth Little and Assembly Member Teresa Sayward talked about "overzealous enforcement" in a story following up on the topic.
The end of an 18-year ordeal between Tim Jones and the APA came because Gov. David Paterson's office intervened and forced the APA into settlement.
The Zelanis family case also dates back 20 years to a host of disputes over definitions of floor space, porches, deed restrictions and docks and boathouses. A June 1 decision overturned much of the APA's enforcement case, finding that the APA had violated fundamental property rights, including due process violations; attempted to enforce regulations retroactively, attempted to impose a condition not authorized by law, and attempted to create new regulations by citing past practice.
Among the most publicized cases was when organic farmer Sandy Lewis built housing for his farm workers -- clearly exempt under the Agriculture regulations -- and the APA insisted it had jurisdiction over the project. It lost the case in what was called a "landmark agricultural legal decision in the Adirondack Park" and the appeal. In four stories, the Post-Star explored this case in stories titled: