"A key adjective in the current hut proposal is the word “temporary.” By this, we are to assume that whatever glamping structures are erected at Boreas Ponds will be removed every year on the shoulder seasons, thereby sidestepping the constitutional barrier that defeated Porter-Brereton. The 1932 proposal would have opened the door for permanent buildings, but a yurt or canvas tent can be put up or taken down as needed. “Temporary.”

"The state employees who are receptive to this idea will tell you as much, citing the fall hunting camp tradition as precedent. Every year, people routinely secure DEC permits to put up seasonal camping structures on state land, ranging from canvas cabin tents to parked trailers — enclosed structures that may remain in place for weeks or even months. If these temporary structures are permitted, then what can possibly be the objection to other temporary structures for summer use?"

"For starters, there is a difference between a warm tent put up every November for someone’s personal use, versus a tent put up on public land for commercial purposes. Because to be clear, the “luxury camping” envisioned by state officials and ACTLS is not the first-come walk-up convenience of a lean-to, but a curated camping service for which people will pay to stay. This already seems to run afoul of DEC’s regulations, which explicitly state that “use of State lands or any structures or improvements thereon for private revenue or commercial purposes is prohibited,” with certain exceptions."

"But the “temporary” nature of these proposed structures is also highly doubtful. Brendan Wiltse, my colleague at Adirondack Wilderness Advocates, was also the Johns Brook Property Coordinator at ADK for several years. During that time he became very familiar with the requirements of managing a backcountry, off-the-grid enterprise. In his experience, health regulations would likely make it impossible to provide “temporary” conveniences, because of the significant investment in infrastructure and maintenance."