Search Results for: photo firetower trail sign

Rondaxe Firetower

Click below to download or print this map up.

 Ice Sheets

Rondaxe-Bald Mountain Firetower.

Rondaxe-Bald Mountain Firetower

Most of the mountains and pull offs in the Adirondacks are very well signed, complete with brown and yellow DOT reflective signage.

Fourth Lake.

Fourth Lake and Plains Behind

Rondaxe Tower.

Rondaxe Tower

Fourth Lake and Plains Behind.

Fourth Lake and Plains Behind

Before It Cleared Out.

Before It Cleared Out

East from Rondaxe.

East from Rondaxe

North.

North

Popular Tower.

Popular Tower

First Lake.

First Lake

Hikers.

Hikers

Bald Top of Mountain.

Bald Top of Mountain

Corner.

Corner

Looking at First Lake.

Looking at First Lake

Fourth Lake.

Fourth Lake

Ridge.

Ridge

Please Do Vandalize.

Please Do Vandalize

Lakes Along Trail.

Lakes Along Trail

Hikers Enjoy the Purty Lake.

Hikers Enjoy the Purty Lake

Bald Ledge.

Bald Ledge

Clouds and Trees.

Clouds and Trees

Untitled.

Untitled

Hiking Up Bald Mountain.

Hiking Up Bald Mountain

Foot Bridge.

Foot Bridge

Towards Cascade Mountain.

Towards Cascade Mountain

Stormy Clouds.

Stormy Clouds

Renovated Tower Base.

Renovated Tower Base

Tower Windows.

Tower Windows

Fourth and Fifth Lakes.

Fourth and Fifth Lakes

Owls Head Mountain Firetower (Long Lake)

There are at least three different mountains in the Adirondacks known as Owls’ Head due to their small rounded peaks, with broad cols for shoulders. This one is the one near Long Lake, that has a 30 foot LS 45 Aermotor Firetower on top of it.

Sargent Ponds Wild Forest Kiosk. This is where you sign in, so they can have an idea on trail use, and make it easier to find you if your lost or injured.

Sargent Ponds Wild Forest Kiosk

1/2 Mile In. The trail crosses this downed tree.

1/2 Mile In

Boardwalks. Parts of the trail cross marshy areas on board walks, like these constructed on the first 3/4 mile of the trail.

Boardwalks

T Intersection. Make a left at one mile, to go up Owls Head. The other direction takes you to the Lake Eaton State Campground.

T Intersection

Grown Over Steel Trail Marker. It looks like in 1982, the state experimented with these imprinted steel trail markers along the trail, long since largely grown into the barks of the tree.

Grown Over Steel Trail Marker

Views as You Ascend. This is looking backwards, towards the Sargent Ponds Wilderness, Lake Eaton, and the timber lands between here and Tupper Lake.

Views as You Ascend

Observers Cabin Ruins. The cabin the fire warden lived in years ago, is not located on top of Owl’s Head, but below it on the shoulder. It’s a 1/4 mile hike to the top, and you accent about 200 more feet, up the pointly little head. The cabin was probably located here, so the warden could meet visitors, and escort them to the top.

Observers Cabin Ruins

Well Worn Trail. Part of the trail is well worn, and is on open rock face. The good news however is with the lush tree cover, you don’t have to worry about acrophobia up here.

Well Worn Trail

Reaching the Tower. You can’t see the fire tower until your almost on top of it, due to the heavy trees that surround the summit of the mountain, except for the bald portion where the tower is located, open to views to the south and east.

North Creek Falls

Survey Marker. It says it was placed in 1942 by USGS. It’s right below the fire tower proper.

Survey Marker

Fire Tower. The fire tower is a 30 foot LS 45 Aermotor tower, pretty typical for NY State. It’s one of the short little towers, like also seen on Rondaxe Mountain in Eagle Bay.

Fire Tower

Forked Lake. This is looking south from the summit towards Forked Lake Campground and possibly Racquette Lake. The mountain in the distance is Wakely Mountain, one of the other fire towers originally used to pin-point fires in the Adirondacks (it takes two towers to locate a fire through triangulation).

Forked Lake

Long Lake. This is another picture of Long Lake, a little bit farther north, with the shoulder/col of Owls Head visible in the foreground.

Long Lake

North. In the distance is Saranac Lake and Lake Placid, with Whiteface just beyond it. Not the clearest or nicest of days, but still visable. In the foreground is the col/shoulder of Owls Head.

North

Blue Mountain. Blue Mountain is another fire tower / mountain that is visible from Owls Head. Located about 10 miles away, in the foreground are Minnow Pond and Mud Pond.

Blue Mountain

Sargent Ponds Area & Timberland. This portion north of NY 28 Corridor and Fulton Chain of Lakes is relatively flat, wild, and many portions privately owned as timberland.

Sargent Ponds Area & Timberland

Float Plane. Owls Head is not the quietest mountain out there. Throughout the day, tourist float planes for hire, fly on and off Long Lake, just to north of mountain. They fly quiet low, as they are making the decent back to Long Lake.

Float Plane

Long Lake Village. While hazy today, you can see village of Long Lake quite well from the tower. It’s always crazy there, and I try to avoid towns whenever I’m in the Adirondacks.

Long Lake Village

Fire Tower Corner. I always like pictures of the angles and construction of the fire tower. While common after climbing so many, fire towers have a lot of character in their structural steel.

Fire Tower Corner

Tower Cabin Closed. It’s unfortunate but the tower’s cabin on this tower is closed, as it’s used for communications equipment.

Tower Cabin Closed

Sitting on Mountain. Just sitting back and looking south from the open rock face a top Owls Head.

Sitting on Mountain

Old Telephone Poll. Descending the trail off Owls Head, I saw several of the old telephone poles, heading up to the former Ranger’s cabin. Some have been cut down, and used to control run-off on the trail, but others still remain.

Dexter Lake

Here is a map of the hike.


View Owls Head in a larger map

Wakely Mountain Firetower

On the afternoon of Thursday July 22nd I hiked up to the Wakley Mountain Firetower. The weather wasn’t perfect, but it was still quite popular, passing several hikers and families visting this tower. The views are pretty good, but probably not as good as Pillsbury Mountain or Snowy Mountain to the south. The nice thing is it’s a 5 minute drive from Cedar River Flow and pretty close from Moose River Plans too, and provides a great overview of the Plains.

Camp Fire

You can print the above map, by clicking it, to be taken to a high resolution (500 DPI) that will print nicely on a laser or inkjet printer.

When you first start up the mountain, you pass a “Warning! Road Washed Out” sign. This sign is at the parking area for Wakely Mountain, to warn drivers that they won’t get very far on Wakely Mountain Road, since the DEC has basically abandoned it.

Warning! Road Washed Out

Washed Out Road to Wakely Mountain. I honestly don’t expect the DEC to fix this road, but instead will make people walk the entire 3 miles up the mountain, because that keeps the eco-facists happy.

Washed Out Road to Wakely Mountain

Washout on Wakely Road

The End of Wakely Road. That said, you’d be hard press to get a vehicle this far, due to the wash out at the earlier marsh.

The End of Wakely Road

As you climb, you pass this big boulder On side of Wakely.

Big Boulder On Side of Wakely

The first two miles of the trail are pretty flat, a small incline that increases above 400 feet in elevation over two miles.

Flatter Two Miles of Wakely Trail

Marsh Along Wakely Mountain Trail. That’s Payne Mountain, not Wakely Mountain in the background.

Marsh Along Wakely Mountain Trail

The Final Mile. You might think the previous two miles of the Wakely Mountain trail where easy, rising maybe 300 feet, until you hit the last mile, as indicated by this sign. It’s another 1200 feet on up for that last mile.

The Final Mile

The trail up Wakely Mountain is badly eroded due to heavy use and neglect by the DEC.

Badly Eroded Wakley Mountain Trail

The last mile up Wakely Mountain is a long one, especially if you start late in the afternoon as I did. You are treated with some limited views while climbing Wakely Mountain, but all and all, there isn’t a lot to see except steep trail (but no open rock face!).

Broken Views Climbing Wakely

Once you almost reach the top of the mountain, you come to the Wakely Mountain Helipad. This is used by emergency responders, providing quick access to the top of mountain, to either access the tower for observation, or to help those injured on top of the mountain.

Next to helipad is a trash pile. I was wondering how this trash ended up top of the mountain, but after thinking about it a bit, it probably was trash from the ranger’s cabin, that was dumped here some time in the past, and was dug up in the re-construction of the helipad.

Trash Pile Next to Helipad

Eventually you reach the fire tower, about a 500 feet from the Helipad. The Wakely Fire Tower is an interesting Aeromotor LS 25 tower, that originally lacked a staircase, but was added in the form of an internal ladder, for the convience of hikers and the fire warden alike. Prior to the 1919 addition of the “stairs tower within the fire tower”, you had to climb a ladder on the side of the tower, to get all 60 feet to the top of the tower.

Wakely Fire Tower Stairs Inside Tower

Here is the original ladder you had to climb. They removed the lower flights to discourage people from trying to use the ladder, although the stairs themselves also lack any safety fencing, so it’s a bit scary if your not used to climbing towers.

Tower within a Tower

A close up over the tower within the tower.

Wakely Fire Tower Stairs Inside Tower

The firetower presents one with spectular views of the upper Moose River Plains, from the marshy end of Cedar River Flow to the Lost Ponds area, to around Wakely Dam and Wakely Pond.

Plains from Firetower

To the east is the Blue Ridge Wilderness and Blue Mountain.

Blue Ridge and Blue Mountain

Looking down towards Indian Lake from the Fire Tower. There are many beautiful peaks to the south east.

Towards Indian Lake

You can also see the High Peaks from Wakley Mountain.

High Peaks from Wakley Mountain

And the Fulton Chain of Lakes.

Fulton Chain of Lakes

Cellar Mountain somewhat blocks the views to the west, as you look down to the plains, towards the ridges that follow along the NY 28 Corridor.

Cellar Mountain

The tower’s foundation sadly is in bad shape and needs work. The cabin of the tower is also only accessible via ladder, if your crazy enough to do that. It lacks safety fences on the various landings. Hopefully the state will find the funds and resources to restore this beautiful and popular tower, even though it’s likely to be expensive due to the need to use to Helicopter in supplies and possibly ironworkers to restore it.

Cracked Firetower Foundation

A Google Map of the hike…


View Wakely Mountain Firetower in a larger map

Sugar Hill Firetower & State Horse Camp

The final night of my Finger Lakes Trip I spent the night up at Sugar Hill State Forest, a series of 9,500 acres of state land, popular for horse owners. This parcel has two main camping areas, about 90 miles of horse trails, 3 lean-tos geared to equine users, and one nice new lean-to that is accessible solely by foot.

Sugar Hill Recreation Area

You don’t see signs like this located in downtown Albany.

Negative Coggins Test

This is all conveniently located about 15 miles from Watkins Glen, at the headwaters of Townsend and Glen Creeks that make up the water that flows through the Glen.

While I didn’t spend a lot of time going around and grabbing pictures of the Horse Camp, I did take some pictures and have some from when I visited this area during the previous summer. This was in part because the last day was rather gray, with heavy rain at times, and I was frankly quite tired.

There also is a firetower at the main horse camp area, which is filled with RVs, horse trailers, and horses during the summer weekends. This is shown below:


View Hikes of 2009 in a larger map

Here is the fire tower:

Firetower

Here is the main horse camp, with new bathroom facilities including flush toilets. This was installed two years ago due to the popularity of the horse camp and contamination concerns by the overuse of the conventional pit privy.

Six Nations Horse Camp

Horses tied up. I took this last year, when they where still building the replacement bathroom for the pit privy, and therefore the porta-potties.

Horseys

Some wildflowers noticed along a short walk…

Flowers

A bed of fog over Kueka Lake from the Firetower from last year.

Bed of Fog

Thunder clouds approaching from the west from the Firetower. It was not of course thundering when I was on the tower. I’m not that stupid.

Thunderheads

Descending the firetower, looking east towards Seneca Lake.

Descending Firetower

Rather then camping at the main horse camp, where there where several people set up with horses, I decided to camp at the lower area, which is much less popular, but as nice if not nicer.

Horse Tiedowns

They still have lots of things for the horse owner to use.

Horse Stables

In the evening it started to rain. It didn’t bother me much, as I had the tarp over my truck and the picnic table, and thanks to the cement base under the table, there was no mud or muck to get kicked up.

Reading in the Rain

This was my camping arrangements, as seen in the morning. Not bad, especially for a free campsite.

Camping

Making some coffee in the morning. I drank an incredible amount of coffee during this week.

Camp Stove

Where I camped, after everything was all packed on up.

Site

Farms from off Six Nations Hill in the rain, looking south.

Farm

Maps from the DEC of Six Nations Horse Camp:

I drove the following route on Day 3 of the Finger Lakes Trip, in yellow. The loop is where the firetower and main horse camp is. Following the green line due south, takes you to the southern horse camp where I spent the night camping.


View Finger Lakes Trip June 2009 in a larger map

Day 4 I visited Corning and checked out Big Flats, which is now unfortunately little more then suburbanite crap. Corning was kind of neat, except that it started to pour when was down there. I then drove down to Sayre, PA, and through northern Pennsylvania so I could pick up some fireworks for the forth of July. I probably could have come right back into the state, but I certainly didn’t want to be followed by undercover cops, with my fireworks (yes, I’m a little paranoid).

Rural Pennsylvania was quite pretty, except for the heavy rain and the fact that Route 706 was so damn narrow and twisty. When I got back to NY, I really appreciated how much better our state’s roads really are. I drove back via I-88, occasionally hopping back on Route 7 for some additional variety to my trip. I got home around 4 PM.


View Finger Lakes Trip June 2009 in a larger map

The green line follows my return trip. It took about 6 1/2 hours, including stops in Corning and other places.

How Much Recreational Development is Allowed in the Forest Preserve?

Most people probably agree it’s not the intent of the original drafters of the state consitution to allow totally unbridled development in the forest preserve. Article XIV Section 1 of the State Constitution states:

The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. [… exceptions removed]

It’s pretty clear that on Forest Preserve lands that the following is totally inappropriate:

  • Commerical facilities, such as shopping or amusements.
  • Government facilities that are not primarily rustic in character (i.e. wooden administrative cabins and barns that lack plumbing and electricity)
  • Highly developed recreation facilities, such as large metal or concrete luge tracks, ski slopes
  • Asphalt roads, and those roads designed for movement of vehicles not exclusively for the forest preserve use, or for speeds greater then 25 MPH.

Goodnight Mr Sun

Controlling Principles Of Recreation in the Forest Preserve.

I think most people can agree forest Preserve must have an essentially wild character. Indeed, that is what the Court of Appeals upheld in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73, 1930), as I shared earlier this week. If you missed this earlier in the week, this case’s essence is cited in Balsam Anglers Club v. DEC (153 Misc. 2d 606, 1991).

Respondents adopted the UMP in furtherance of the Catskill Park State Land Master Plan, which was adopted in order to provide classifications and guidelines for the uniform protection and management of State-owned lands within the Catskill Forest Preserve. Under the UMP, respondents intend to construct a number of small parking areas providing access to trails and primitive campsites, to relocate certain trails to avoid private lands and to construct new trails within the Balsam Lake Mountain Wild Forest area. Since respondents must necessarily cut a certain number of seedlings, saplings and trees to complete such projects, petitioner contends that the UMP is in violation of article XIV, § 1 of the New York State Constitution. p>The Constitution provides, “[t]he lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed.” Petitioner contends that the cutting of as many as 2,000 “trees”, most of which are less than three inches diameter at breast height, constitutes the removal or destruction of timber.

This specific constitutional issue has rarely been litigated. The Court of Appeals and the Appellate Division in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73) addressed legislation authorizing the construction of a bobsled run within the Adirondack Forest Preserve for the 1932 Winter Olympics.

The Appellate Division addressed the legislative history of the New York State Constitution and found an intent to prevent any actions “which might convert this preserve into anything but a wilderness” (228 App Div, at 79). However, the Appellate Division found that the framers of the New York State Constitution obviously distinguished between “timber” and any form of tree or wood. They quoted the framers as stating, “[a]ny campers that cannot pick up something on the shores, that will not be timber, to warm themselves with, would better either carry in their fuel or stay out” (supra, at 78). (emphasis added)

The Appellate Division also discussed the 1915 Constitutional Convention which sought to change the wording of the New York State Constitution to “trees and timber” (supra, at 79). Thereafter, the Appellate Division found that the project involved “the cutting of 2,600 trees which must unquestionably be regarded as of `timber’ size” (supra, at 82).

Based upon an 609*609 agreed statement of facts, all 2,600 trees were in excess of 3 inches diameter at breast height, 480 trees were in excess of 8 inches and 33 trees were in excess of 20 inches. The project involved total clearing of between 4 and 5 acres, some of which constituted first growth hardwoods and involved the removal of some 60,000 board feet of timber. The Appellate Division held the legislation unconstitutional based both upon the substantial destruction of timber and the nature of the proposed project.

Moose River Plains Road

The citation of Helms v. Reid, 90 Misc. 2d 583 gives further incite into the Assocation for the Protection of Adirondacks vs McDonald case:

The major case interpreting the “forever wild” clause is Association for Protection of Adirondacks v MacDonald (228 App Div 73, supra). The question before that court was whether a statute passed by the Legislature providing for the construction of a bobsled run on forest preserve land and the necessary cutting of some 2,600 trees was violative of section 7 of article VII of the Constitution (presently art XIV, § 1). The Appellate Division had carefully traced the adoption of the forest preserve language and then made a careful inspection of the record from the 1894 Constitutional Convention where the “forever wild” clause language was adopted as a proposed amendment to the Constitution. The Appellate Divison concluded that the constitutional mandate was clear and in declaring the statute unconstitutional stated at page 81: “Giving to the phrase `forever kept as wild forest lands’ the significance which the term `wild forest’ bears, we must conclude that the idea intended was a health resort and playground with the attributes of a wild forest park as distinguished from other parks so common to our civilization. We must preserve it in its wild nature, its trees, its rocks, its streams. It was to be a great resort for the free use of all the people, but it was made a wild resort in which nature is given free rein. Its uses for health and pleasure must not be inconsistent 595*595 with its preservation as forest lands in a wild state. It must always retain the character of a wilderness. Hunting, fishing, tramping, mountain climbing, snowshoeing, skiing or skating find ideal setting in nature’s wilderness. It is essentially a quiet and healthful retreat from the turmoils and artificialities of a busy urban life. Breathing its pure air is invigorating to the sick. No artificial setting is required for any of these purposes. Sports which require a setting that is man-made are unmistakeably inconsistent with the preservation of these forest lands in the wild and natural state in which Providence has developed them.”

Many Downed Trees

What About Developing More Modest Recreation Facilities in Forest Preserve?

Certainly building a bob sled run would have been a massive project with visible impacts on the mountain vistas where the timber was removed, the steel infrastructure of the bob sled run, and the general changes the wild forest character. But what about more minor projects, e.g.

  • Scenic Vista Cut Along Trails
  • Primative tent campsites, along lakes, streams, or in the woods.
  • Roadside campsites with vehicular access.
  • State Campgrounds with Flush Toilets and Showers.
  • Horse stalls and horse barns.
  • Construction of hiking trails that require the cutting of brush or a de minis amount of timber.
  • Construction of snowmobile trails that potentially could involve cutting a larger amount of timber.
  • Horse trails that require the cutting of brush or a de minis amount of timber.

Moose Pond Way

The Case Law on Recreational Facilities in the Forest Preserve.

We learn in Helms v. Reid, 90 Misc. 2d 583 some of debates surrounding adoption of Article XIV Section 1 of the State Consitution, and how the Consitutional Convention of 1894 intended not to prohibit “all things necessary” to provide public access and not damage the forst preserve.

The Court of Appeals decision in MacDonald is of great importance and must necessarily be the guiding light in the analysis of the “forever wild” clause which this court must follow in rendering its opinion. At page 238 Judge CRANE states: “The words of the Constitution, like those of any other law, must receive a reasonable interpretation, considering the purpose and the object in view. (State of Ohio ex rel Popovici v. Agler, 280 U. S. 379.) Words are but symbols indicating ideas and are subject to contraction and expansion to meet the idea sought to be expressed; they register frequently according to association, or like the thermometer, by the atmosphere surrounding them. The purpose of the constitutional provision, as indicated by the debates in the Convention of 1894, was to prevent the cutting or destruction of the timber or the sale thereof, as had theretofore been permitted by legislation, to the injury and ruin of the Forest Preserve. To accomplish the end in view, it was thought necessary to close all gaps and openings in the law, and to prohibit any cutting or any removal of the trees and timber to a substantial extent.”

This language sets forth that the purpose of the “forever wild” clause was to prevent the commercial exploitation of the forest preserve which had previously been sanctioned by the Legislature, and it appears to be the court’s feeling that some cutting is permissible as long as it is not a substantial amount. Continuing on page 238: “The Adirondack Park was to be preserved, not destroyed. Therefore, all things necessary were permitted, such as measures to prevent forest fires, the repairs to roads and proper inspection, or the erection and maintenance of proper facilities for the use by the public which did not call for the removal of the timber to any material degree.”

This language indicates the court’s recognition of the fact that even though the Constitution was intended to protect and preserve our natural forest lands, such protection does not prohibit use and enjoyment of the areas by the people of the State. Such a principle is based upon the theory that the forest preserve was for the use and benefit of the people and was not to be an isolated area in which no man would wander. (People v Adirondack Ry. Co., 160 N.Y. 225, affd 176 US 335). (emphasis added)

While the Court never ruled on these matters in Helms, plantiff Herbert R. Helms cited that the State Conservation Department, made major changes and “man-made improvements” to the Adirondack Forest Preserve, over the past 50 years, many of them of questionable consitutional virtue under McDonald, abit never challenged in court.

The first cause of action in the complaint sets forth the “forever wild” clause and then lists various uses undertaken within the forest preserve in the past and present by the New York State Department of Environmental Conservation (ENCON), which the plaintiffs contend destroy the wild forest nature of the preserve because they all entail cutting significant amounts of timber and over use of the forest preserve area. The purported misuses are as follows: construction of 42 or more public campsites; dirt access roads to these campsites, along with various outbuildings, facilities, boat launchings, sewage disposal systems and the maintenance thereof; construction of hundreds of lean-tos, trails, jeep trails, fire roads 587*587 and paved roads other than those specifically authorized by the Constitution; construction and maintenance of ranger stations, fire watch towers, telephone and electrical transmission lines, as well as other utility lines; construction of boat launchings, parking lots and tent platforms; overuse and misuse of backwoods causing unreasonable widening of trails, littering and defoliation of areas, and finally allowing private individuals to adversely possess forest preserve lands to the preclusion of other citizens.

Helms cites McDonald in saying limited development and recreation is allowed in the park, as long as it’s primarily primative in nature:

“What may be done in these forest lands to preserve them or to open them up for the use of the public, or what reasonable cutting or removal of timber may be necessitated in order to properly preserve the State Park, we are not at this time called upon to determine. What regulations may reasonably be made by the Commission for the use of the park by campers and those who seek recreation and health in the quiet and solitude of the north woods is not before us in this case. The Forest Preserve and the Adirondack Park within it are for the reasonable use and benefit of the public, as heretofore stated. A very considerable use may be made by campers and others without in any way interfering with this purpose of preserving them as wild forest lands. (See `The Problem of the Wilderness’ by Robert Marshall in `The Scientific Monthly’, Feb. 1930, p. 141.)”

Cheney Pond Lean-To

Helms goes further to state:

If we assume that a constitutional amendment is not necessary for every use in the preserve which requires a cutting of timber, then we must apply our reasonableness standard to proposed uses. The question then becomes, who is to apply this standard?

It would appear that although the Constitution has deprived the Legislature of any power to authorize a cutting of timber in the forest preserve for commercial purposes, it has not deprived that body of its power with respect to public purposes. The MacDonald decision has allowed the Legislature the power to make reasonable regulations as to this public use and preservation, and such use and preservation must necessarily include some cutting of timber.

Since the Legislature still retains at least this limited authority, it may properly delegate this authority to the administrative agency best adapted to applying the principles heretofore enumerated. This is precisely what our Legislature has done by the creation of the Adirondack Park Agency. (emphasis added)

While ultimately Helms went on to decline an attempt to overturn float plane restrictions in newly designated “Wilderness” areas, first implemented by Governor Rockefeller’s Environmental Conservation Commissioner, Henry Diamond, it did include this important note:

In the discussion of the “forever wild” clause it was pointed out that the preserve was not to be closed to the public, but was to be held open for all of the public to enjoy in its natural wild state. Therefore, plaintiffs’ main theory is correct, and any regulation which arbitrarily restricts public access to or a reasonable public use of the lands in the preserve is violative of section 1 of article XIV.

Wakley Fire Tower

The principle of limited development of the Adirondack and Catskill Forest Preserve, to enhance public access was upheld most recently in Balsam Lake Anglers Club v Department of Environmental Conservation (upheld on Appeal to 2nd Appelate Division). It states:

Respondents adopted the UMP in furtherance of the Catskill Park State Land Master Plan, which was adopted in order to provide classifications and guidelines for the uniform protection and management of State-owned lands within the Catskill Forest Preserve. Under the UMP, respondents intend to construct a number of small parking areas providing access to trails and primitive campsites, to relocate certain trails to avoid private lands and to construct new trails within the Balsam Lake Mountain Wild Forest area. Since respondents must necessarily cut a certain number of seedlings, saplings and trees to complete such projects, petitioner contends that the UMP is in violation of article XIV, § 1 of the New York State Constitution.

The Constitution provides, “[t]he lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed.” Petitioner contends that the cutting of as many as 2,000 “trees”, most of which are less than three inches diameter at breast height, constitutes the removal or destruction of timber.

This specific constitutional issue has rarely been litigated. The Court of Appeals and the Appellate Division in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73) addressed legislation authorizing the construction of a bobsled run within the Adirondack Forest Preserve for the 1932 Winter Olympics. The Appellate Division addressed the legislative history of the New York State Constitution and found an intent to prevent any actions “which might convert this preserve into anything but a wilderness” (228 App Div, at 79). However, the Appellate Division found that the framers of the New York State Constitution obviously distinguished between “timber” and any form of tree or wood. They quoted the framers as stating, “[a]ny campers that cannot pick up something on the shores, that will not be timber, to warm themselves with, would better either carry in their fuel or stay out” (supra, at 78). The Appellate Division also discussed the 1915 Constitutional Convention which sought to change the wording of the New York State Constitution to “trees and timber” (supra, at 79). Thereafter, the Appellate Division found that the project involved “the cutting of 2,600 trees which must unquestionably be regarded as of `timber’ size” (supra, at 82). Based upon an 609*609 agreed statement of facts, all 2,600 trees were in excess of 3 inches diameter at breast height, 480 trees were in excess of 8 inches and 33 trees were in excess of 20 inches. The project involved total clearing of between 4 and 5 acres, some of which constituted first growth hardwoods and involved the removal of some 60,000 board feet of timber. The Appellate Division held the legislation unconstitutional based both upon the substantial destruction of timber and the nature of the proposed project.

The Court of Appeals in affirming the Appellate Division determination rejected the absolutist argument that not even a single tree or even fallen timber or deadwood could be removed and stated that the constitutional provision must be interpreted reasonably. “[A]ll things necessary were permitted, such as measures to prevent forest fires, the repairs to roads and proper inspection, or the erection and maintenance of proper facilities for the use by the public which did not call for the removal of the timber to any material degree. The Forest Preserve is preserved for the public; its benefits are for the people of the State as a whole. Whatever the advantages may be of having wild forest lands preserved in their natural state, the advantages are for every one within the State and for the use of the people of the State. Unless prohibited by the constitutional provision, this use and preservation are subject to the reasonable regulations of the Legislature” (supra, 253 NY, at 238-239). It is thus clear that the Court of Appeals determined that insubstantial and immaterial cutting of timber-sized trees was constitutionally authorized in order to facilitate public use of the forest preserve so long as such use is consistent with wild forest lands.

With respect to the relocation of the Hardenberg Neversink Trail challenged herein, petitioner contends that the amount of cutting is of constitutional dimension. The relocated trail is in excess of two miles long and is approximately six feet wide. With the trail approximately 80% completed, 73 trees of timber size, that is three inches or more, have been cut, including one nine-inch tree and one six-inch tree which was dead. The remaining trees are three, four or five inches in diameter. It is estimated by the court that the entire cutting, including trees not of timber size, that is, less than three inches, amounts to little more than one cord of firewood. The great majority of such cutting will be completely decomposed within a few years leaving no trace of their existence but 610*610 providing increased growth opportunity for the remaining trees in the forest.

It is therefore determined the amount of vegetation, seedlings, saplings and timber-sized trees destroyed so far in the construction of the relocated Hardenberg Neversink Trail is not constitutionally prohibited, nor is the number of trees planned to be removed to complete such relocation. While the actual route for the Millbrook Ridge Trail has not been chosen and it is not known how many trees, saplings, seedlings and other vegetation must be destroyed, it may be presumed that the Department of Environmental Conservation, pursuant to its regulations concerning the construction of trails and the destruction of trees and timber, will comply with the provisions of the New York State Constitution. In the event that the Department of Environmental Conservation does not comply, petitioner could certainly challenge the specific trail route or construction techniques at an appropriate time.

Petitioner also contends that the construction of new trails in the Balsam Lake Mountain Wild Forest area violates that portion of the New York State Constitution which requires that forest preserve lands “be forever kept as wild forest lands”, arguing that new trails will increase human activity, thereby necessarily making such areas less wild. Based upon the decisions of the Appellate Division and Court of Appeals in Association for Protection of Adirondacks v MacDonald (supra), it appears that the framers of the New York State Constitution intended not to prevent or hinder public use of the forest, but to allow forested areas to revert to their natural or wild state without human interference with the natural succession of different types of trees, selective cutting or thinning to “improve” the timber, or the harvesting of any mature timber. There is no indication of any intent to maintain the forest in an “absolutely” wild state with no organized human alteration or intervention at all.

The Court of Appeals specifically held that facilities consistent with the nature of the forest preserve could be constructed for the use by the public, including camping and hiking. Such use facilitated by the construction of new trails or increasing parking and camping areas will almost certainly degrade the pristine quality of certain areas of the forest preserve. While it may be desirable to initiate a policy to refrain from actions which will have the effect of increasing human activity, such issues are not of constitutional dimension unless significant cutting of timber is involved. Accordingly, it is declared that the Unit Management Plan adopted for the Balsam Lake Mountain Wild Forest area does not violate the provisions of article XIV of the New York State Constitution.

Towards Indian Lake

What is the Standard Held This Cases?

Over the years, the courts have created a certain principles on recreation facilities in Adirondacks. Distilled down, one can probably agree that courts in NY State hold:

  • Any project to be constructed in forest preserve must cut as few trees as possible, particularly of timber-grade trees, those larger then 3″ in diameter. Any project requiring significant timber cuts are unconstitutional.
  • There is a clear preference towards development of facilities in natural meadows and brushy areas, locating paths, trails, and roads on existing old woods road rather then cutting new roadways or trails through the woods.
  • Limited timber cutting is allowed for essentially wild forest purposes, such as campsites and trail location. It must be as limited as practical.
  • Any developed facilities must be rustic in nature (wood, painted brown), and must exist solely to complement forest preserve uses such as primative camping, hiking, hunting and fishing.
  • Intensive use areas are allowed, such as developed state campgrounds or firetowers, but they can not change the forest character or require the excessive removal of timber.

Tiny Roadside Campsite

… the courts have sought a balance between recreational demands and keeping the primarily wild nature of forests wild.

Good Evening – August 15, 2021

Good evening! Sitting on the Kane Firetower waiting for the sun to set πŸ—Ό

Partly clear and 69 degrees at the Kane Mountain Firetower. Light breeze. The dew point is 51 degrees. A very clear evening πŸŒƒ for sure, good for watching the sunset. With the low dew point I can easily see the other side of the Mohawk Valley including some of the silos on the Schoharie side. Also the wind turbines on the ridge outside of the Adirondack Park.

It’s been a nice weekend up north, ☺ with way too many beer boiled clams, sausage and sweet corn πŸ¦ͺ🍻🌽 and swimming 🏊🏻‍♂️ holes and about 25 miles of hiking – well over 15 miles was today alone. Camped at the House Pond Campsite 2 again. Today I hiked from Seeley Road in Knapville to Dexter Lake and then to Spectacle Lake and then to Waters Mill Pond. Then about two hours in the evening cooling off in the Potholers, followed by a sunset hike up Kane Mountain. Now to drive home by 10 pm.

Yesterday, I hiked back to House Pond which had a lot of blow down over parts of the trail. πŸŽ‹ There was a bad thunderstorm β›ˆ in July that I remember seeing on the news πŸ“° that caused some big trees to come down, but at least it didn’t wash out the road much or if it did Stratford had already fixed it. Looks like they had to saw and remove multiple trees off Piseco-Powley Road that had came down it and I could hear them cutting downed trees at the hunting camp down the road and I saw them leaving with several pickup trucks full of wood.

Also yesterday I hiked along the Edick Road Snowmobile Trail and then back to Edick Road Campsite #1 out along the ledge overlooking the East Canada Creek, spotting a photographing a doe up close. 🦌 I climbed down the gorge wall and watched the various birds 🐦 in the grass lands along that grassy part of the river. Then more clams, corn and sausage. And back to Potholers.

Friday was even more lazy — it was fairly hot. Many hours reading and learning more about Python, 🐍 and then I hiked to Potholers. 🏊‍♀️ Then after I got back to camp, I swam at the swimming hole across the road from House Pond Campsite 2 until dusk, listening to a podcast, started a fire πŸ”₯ had more clams, πŸ•Ή laid back in hammock until it started to pour 🌧 and then hung out under the tarp as it rained some more listening to podcasts until 11 PM.

Thursday, was a rather late start because it was so humid and I was on vacation and was lazy. I screwed up and didn’t get my turn signal on time for Sandell Farm’s to get sweet corn, and ended up going to Rogers Orchard to get sweet corn and blueberries. 🍎 Then I ended up running to Wally World and forgetting the main reason I wanted to go there — to get coffee. β˜• I like the large coffee containers they have there not just because they are inexpensive on a per pound basis, they make great containers for making ice in for camping. Or “donating” to the state to put toilet paper in the outhouses, to keep the racoons from shredding it. 🚽 I was hoping to check out Willie Marsh 🐸 but I got on the wrong road, so I didn’t go by there. I finally got camp around 12:30, set things up, made my first batch of clams, πŸ•Ή and they were good. Swam in the swimming hole across the way from House Pond Campsite, 🏊‍♀️ which might not be the potholers, but it’s right next door. Sat back in the hammock for a while listening to some music 🎼 and the news πŸ“», then had a fire. πŸ”₯ The wood sure was wet that first night, and it was a bit smokey until I got it going well.