state

DEC Commissioner Policy #38 – Forest Preserve Roads

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For today’s fodder, we take a look at the policies relating to the development and maintenance of the forest preserve system of roads. In March 2006, DEC Commissioner Denise M. Sheehan issued this policy based on a lawsuit by the Residents Committee to Protect the Adirondacks, that allows for limited road maintenance and development, consistent with the Adirondack and Catskill Unit Management Plans.

While any road in a Adirondack or Catskill Park is bound to be controversial, there is a need to make some portions of the backcountry accessible to the general public. This policy attempts to balance constitutional restraints with the desire of the public to have access to parts of Adirondack and Catskill Park, that might otherwise be unaccessible.

Note: These requirements do not apply to roughly 800,000 acres of public lands outside of the Adirondack and Catskill Park on State Forests, Wildlife Management Areas and other areas. They also do not apply to intensive use areas.

New Bridge Over Bradley Brook

I. Summary

This policy establishes procedures and protocols for the maintenance, rehabilitation, relocation, and, when authorized by the State Constitution, widening and new construction of roads and state truck trails under Department of Environmental Conservation (“Department”)jurisdiction in the Forest Preserve which are situated in units classified by the Adirondack Park State Land Master Plan (“APSLMP”) as Wild Forest, Primitive or Canoe Area or classified by the Catskill Park State Land Master Plan (“CPSLMP”) as Wild Forest. This policy pertains to all such roads and state truck trails on Forest Preserve lands whether or not they are open for public motor vehicle use, except it does not pertain to roads or state truck trails in Intensive Use Areas and Administrative Areas. Further, this policy establishes that generally Forest Preserve roads are low maintenance seasonal roads which are narrow, surfaced with gravel, suitable for low speeds, lightly traveled by the public, and partially or fully shaded by tree canopy. Such roads are further constructed and maintained to the minimum standard necessary to provide passage by appropriate motor vehicles in a manner which protects the environment.

Less Muddy Section of Moose Club Way

II. Policy:

It is the policy of the Department to ensure that comprehensive and consistent procedures are applied to all maintenance, rehabilitation, widening and construction of roads and state truck trails (roads) in the Forest Preserve to ensure that such activities minimize the impacts on the environment and maintain the wild forest character of the road and state truck trail corridors.The 2003 Memorandum of Understanding Between the Adirondack Park Agency and theDepartment of Environmental Conservation Concerning Implementation of the State LandMaster Plan for the Adirondack Park (MOU) provides guidance concerning ordinary maintenance, rehabilitation and minor relocation of conforming structures and improvements on Forest Preserve lands in the Adirondack Park, including whether consultation between the two agencies is required. This policy is intended in part to build upon the MOU and provide additional direction and clarification on coordination of road work in the Adirondack Forest Preserve. This Policy takes precedence over previously existing authority, guidelines, andpolicies.

This policy does not include standards for determining if a road has become legally abandoned. Determinations of road abandonment will be made on a case by case basis inc onsultation with the Division of Legal Affairs.

1 The following definitions, guidelines, responsibilities and procedures shall govern work to be done on roads and state truck trails being carried out on lands of the Forest Preserve which are classified by the APSLMP or CPSLMP as Wild Forest, Primitive, or Canoe.

A. Definitions:

1.Brushing means cutting of woody vegetation less than 3 inches in diameter at breast height (d.b.h.).

2. Ditch means an excavated drainage structure situated adjacent and generally parallel to the driving surface and shoulder of a road or truck trail, designed to convey water away from the driving surface.

3. Ditchline means the low point or centerline of the ditch.

4. Drainage structure means a device which drains water off or away from the road. Drainage structures include such structures as water bars, ditches, French drains,culverts and underdrains.

5. Driving Surface means that portion of the road surface which is designed for vehicles to travel on.

6. Footprint means the limits of disturbance of the road. The foot print includes the driving surface, shoulders, drainage structures, and side slopes. The Original Footprint is the limit of disturbance of the road at the time that it was initially constructed. The currently maintained or existing foot print means areas of the footprint not currently occupied by trees greater than 3″ dbh.

7. French drain means a subsurface drain consisting of a trench backfilled with porous soil or loose stone and covered with earth or other appropriate surface material.

8. Minor relocation of a road or state truck trail means the relocation of a short segment of a road in order to avoid drainage, wetlands, safety, or other site specific problems which cannot otherwise be adequately addressed. A minor relocation shall be the minimum length of new road required to avoid or lessen the site specific problem, but shall not exceed 300 feet in length.

9. Mowing means cutting of non-woody vegetation and woody vegetation less than 3feet in height.

10. Ordinary maintenance means activities within the currently maintained footprint of the road which are needed to keep the road in good working order and which overtime do not materially change the use or appearance of the land or the vegetation thereon from its current use and appearance, including the maintenance or in-kind replacement of road appurtenances and work to address public health and safety issues where such maintenance or activities periodically occur on an as-needed basis. For purposes of this policy, ordinary maintenance includes the following activities when carried out within the currently maintained footprint:

i. pothole filling;

ii. blowdown clearing;

iii. grading of driving surface;iv. bridge repair and maintenance;

v. bridge replacement with a bridge of the same design and of similar dimensions and which is constructed of similar materials;

vi. culvert maintenance, or replacement with a culvert of a length not to exceed the existing foot print and the same nominal height as the culvert being replaced in the same location, provided that the culvert does not involve a freshwater wetland;

vii. drainage structure maintenance, or replacement with a structure in the same location with the same design and similar dimensions and which is constructed of similar materials;

viii. cleaning of existing ditches and culverts that do not impact fresh waterwetlands;

ix. mowing and brushing routinely maintained roads up to four feet beyond theshoulder or ditchline to maintain existing sight lines, road shoulders, andditches;

x. resurfacing of driving surface, with similar material as currently used on theroad, provided that such resurfacing will not likely facilitate levels of public motor vehicle use which significantly exceed existing levels of such use;

xi. limited rock removal that does not require blasting;

xii. trimming select individual tree branches that impede vehicular traffic, obscure sight lines, and hide roadside hazards; and

xiii. cutting select individual dead or hazardous trees pursuant to Lands and Forests Policy 91-2, Cutting and Removal of Trees in the Forest Preserve.

11. Rehabilitation means work that does not occur on a routine basis within the currently maintained footprint of the road which is essential to address environmental impacts, improve safety, or to restore the road or truck trail to a usable condition. It includes the construction of new road appurtenances or work outside of the currently maintained foot print of a road, but within the original footprint of the road. Rehabilitation includes but is not limited to the following activities:

i. placing culverts at new locations;

ii. replacing existing culverts with culverts that have a nominal height greaterthan the nominal height of the existing culvert;

iii. constructing new ditches or drainage structures;

iv. widening existing ditches;

v. cutting trees other than dead or hazardous trees pursuant to Lands and ForestsPolicy Lands and Forests Policy 91-2, Cutting and Removal of Trees in theForest Preserve;

vi. brushing in areas which have not been routinely maintained;

vii. resurfacing the driving surface where such resurfacing will likely facilitate levels of public motor vehicle use which significantly exceed existing levels of such use;

viii. resurfacing of the driving surface with material that is different from the material which currently covers the surface of the road when there is a clear determination that this measure is necessary to protect the natural resources of the Forest Preserve adjoining the road corridor by controlling erosion or runoff; and

ix. regrading of side slopes.

12. Road means motorized transportation corridors that include both roads and state truck trails as defined in the Catskill and Adirondack Park State Land Master Plans, unless the context indicates otherwise.

Road (APSLMP definition): The APSLMP defines “road” on page 18-19 as “an improved or partially improved way designed for travel by automobiles and which may also be used by other types of motor vehicles except snowmobiles, unless the way is a designated snowmobile trail; and is, either maintained by a state agency or a local government and open to the general public maintained by private persons or corporations primarily for private use but which may also be open to the general public for all or a segment thereof; or maintained by the Department of Environmental Conservation or other state agency and open to the public on a discretionary basis.

Road (CPSLMP definition): The CPSLMP defines “road” in Appendix C as “an improved way designed for travel by automobiles and which may also be used by other types of motor vehicles except snowmobiles, unless the way is a designated snowmobile trail; and is, either maintained by a state agency or a local government and open to the general public; or maintained by private persons or corporations primarily for private use but which may also be open to the general public for all or a segment thereof; or, maintained by the Department of Environmental Conservation or other state agency and open to the public on a discretionary basis; or, maintained by the Department of Environmental Conservation for its administrative use only.”

13. Road work means any physical alteration of a road including ordinary maintenance, minor relocation, rehabilitation, widening and new construction as defined in this policy.

14. Shoulder means a transition zone between the driving surface and the road edge or the ditchline. In general, a wheel of a motor vehicle is not on the shoulder unless the motor vehicle is parked or pulled over to let another car pass.

15. Side slope means that area outside of the ditch or road shoulder that is graded to a uniform slope in order to stabilize the soil between the ditch or shoulder and the native, undisturbed ground.

16. State truck trail:

i. State truck trail (APSLMP definition). The APSLMP on page 19 defines “state truck trail” as an improved way maintained by the Department ofEnvironmental Conservation for the principal purpose of facilitatingadministration of state lands or of allowing access for fire fighting equipment and not normally open for public use of motorized vehicles.

ii. State truck trail (CPSLMP definition). “State truck trail†is defined in Appendix C of the CPSLMP as “an improved way maintained by the Department of Environmental Conservation for the principal purpose offacilitating administration of state lands or to allow access for fire fighting equipment and not normally open to the public for motorized vehicle use.

17. Trimming means the removal of lateral branches or leaders of a tree or shrub, that does not sever the plant from its roots.

18. Underdrain means a perforated culvert in porous fill for drawing off subsurface water from the soil.

19. Widening means a lateral expansion of the currently maintained footprint, or lateral expansion of the driving surface of the road. Widening includes the clearing of trees and other vegetation from areas of the existing footprint that are not currently so maintained to restore the opening of the original footprint.

20. Work plan means a detailed description of work to be performed, the Best Management Practices that will be used in performance of the work, and the desired final condition of the road and surrounding area.

B. Guidelines for roads subject to this Policy

1. Determination of Road Width, Driving Surface and Desired Condition. The width, existing condition and desired condition of all roads will be addressed in Unit Management Plans (“UMPs”).. 2. Relocation, rehabilitation, widening or construction of roads. Any road work, except for ordinary maintenance, not authorized in a UMP may not be performed until it is determined whether or not a UMP amendment may be required. This determination will be made by the Director of the Division of Lands and Forests in consultation with APA after a work plan has been developed. Ordinary maintenance of existing roads does not require UMP authorization. Roads designated as closed in a UMP may not be maintained.

3. Work plans. All rehabilitation, relocation (including minor relocation), widening and new construction of roads in the Adirondack Park and the Catskill Park will be done in accordance with a written work plan. Work plans will detail the work to be performed and the Best Management Practices that will be used in performance of the work and the desired final condition of the road and surrounding area. In both the Adirondack Park and Catskill Park, ordinary maintenance of a road requires approval from the Regional Forester in the form of a written work order or an approved “Requests for Routine Maintenance Projects on Forest Preserve Lands.All work plans will describe the work to be performed, including any tree cutting, in relation to a linear distance from the projectâ’ starting point. Markers corresponding to the work described in the work plan shall be placed at the work site. Work plans should include photographs taken at representative locations along with location by location descriptions of the road condition, driving surface and width.

5 All work plans in the Adirondack Park will be developed in consultation with APA as per the MOU and must be approved by the Regional Director and the Director of the Division of Lands and Forests or their designees. If a work plan for a project in the Adirondack Park indicates that the proposed work may materially change the appearance of the land or vegetation thereon or use of the road, then the Director of the Division of Lands and Forests or the Director’s designee shall consult with APA staff to determine whether such work must first be authorized by an approved UMP or UMP amendment. If a work plan for a project in the Catskill Park indicates that the proposed work may materially change theappearance of the land or vegetation or use of the road, then the Director of the Division of Lands and Forests shall determine whether such work must first be authorized by an approved UMP or UMP amendment.

4. Best Management Practices. All work on roads shall be done in accordance with Best Management Practices (BMPs). The New York State Forestry Best Management Practices for Water Quality, BMP Field Guide shall serve as a reference for developing BMPs.

5. Approvals and Consultation

i. Ordinary Maintenance. Ordinary maintenance of a road in the Adirondack Park does not require either APA consultation or UMP authorization, except that, as per the MOU, APA consultation is required if wetlands might be impacted. Ordinary maintenance of a road in the Catskill Park does not require UMP authorization, except that consultation with the Department’s Division Fish, Wildlife and Marine Resources Freshwater Wetlands Manager is required if wetlands might be impacted. In both the Adirondack Park and Catskill Park, ordinary maintenance of a road requires approval from the Regional Forester in the form of a written work order or an approved “Requests for Routine Maintenance Projects on Forest Preserve Lands.”

ii. Rehabilitation. Rehabilitation of roads has the potential to impact the wild forest character of the road, cause significant environmental impacts and facilitate additional public use. For these reasons, rehabilitation of roads inthe Adirondack Park requires a written work plan and consultation with the APA. Depending upon site specific considerations, rehabilitation may require authorization by an approved UMP or UMP amendment. This determination requires approval from the Director of the Division of lands and Forests and will be made in consultation with APA.

ehabilitation of roads in the Catskill Park requires approval from the Director of the Division of Lands and Forests or the Director’s designee and, depending upon site specific considerations, may require authorization in an approved UMP or UMP amendment.

iii. Minor relocation . Minor relocation of roads in the Adirondack Parkrequires a written work plan, approval from the Director of the Division of Lands and Forests and consultation with the APA, and may require a UMP or UMP amendment. Minor relocation of roads in the Catskill Park requires a written work plan and approval from the Director of the Division of Lands and Forests, or the Director’s designee, and requires authorization in an approved UMP or UMP amendment. Relocation of portions of roads or state truck trails that are greater than 300 feet, or any or relocation that may have significant environmental impacts will be considered as constituting new road construction and must follow the procedures and protocols on new road construction set forth subsequently in this document.In the Adirondack Park, the determination of whether a particular road relocation project constitutes a minor relocation will be made by the Director of the Division of Lands andForests or the Director’s designee in consultation with the APA. In theCatskill Park, the determination of whether a particular road relocation project constitutes a minor relocation will be made by the Director of the Division of Lands and Forests or the Director’s designee.

iv. Road widening and new road construction on roads in units classified as Wild Forest. As noted above, the widening of existing state truck trails and roads and the construction of new state truck trails and roads on lands classified as Wild Forest under the APSLMP and the CPSLMP, must be authorized by the State Constitution.

Supplementing this constitutional requirement is the APSLMP’s requirement that “No new roads will be constructed in wild forest areas nor will new state truck trails be constructed unless such construction is absolutely essential to the protection or administration of an area, no feasible alternative exists and no deterioration of the wild forest character or natural resources quality of the area will result.

The CPSLMP requires that, in Wild Forest, “No new roads will beconstructed. No new state truck trails will be constructed unless suchconstruction is absolutely essential to protect or administer an area and there will be no material adverse effect on the wild forest character of the area by the proposed construction. Further, the APSLMP and the CPSLMP require that such work must be authorized by an approved UMP. To ensure that such work is authorized by the State Constitution and that environmental issues are identified and fully addressed, widening and new construction of roads in the Adirondack Park must be authorized by an approved UMP or UMP amendment, and require a written work plan and consultation with the APA as per the MOU.

Widening and new construction of roads in the Catskill Park must be authorized by an approved UMP or UMP amendment, and require a written work plan which must be approved by the Regional Director and the Director of the Division of Lands and Forests, or their designees.

Road Wandering Up Back Side of Sturges Hills

III. Purpose and Background:

Forest Preserve roads, which are generally low maintenance seasonal roads, are a means of providing the public with access to recreational programs on Forest Preserve lands.

Although design, maintenance and rehabilitation standards for these roads must provide for the health and safety of users, such roads must be consistent with the “wild forest” character of the Forest Preserve and comply with the requirements of the APSLMP or the CPSLMP, as applicable. Thus, proposals for road work in the Forest Preserve must be carefully scrutinized to ensure that health and safety goals are accomplished in a manner which maintains the existing wild forest character of the road corridors and otherwise complies with applicable law.

Article XIV, Section 1 of the New York State Constitution, the paramount legal authority with respect to Forest Preserve land management, provides in relevant part:

“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 besold, removed or destroyed. (Emphasis added).”

All road work for roads in the Forest Preserve must be consistent with the directives contained in this constitutional provision. Case law interpreting this provision has held that an immaterial amount of tree cutting does not violate this clause when done in furtherance of one of the purposes for which the Forest Preserve was created, namely, watershed protection and public recreation in a forever wild forest setting. See The Association for the Protection of the Adirondacks v. MacDonald, 253N.Y. 234 (1930); Balsam Lake Anglers Club v. Department of Environmental Conservation, 199 A.D. 2d 852, 605 N.Y.S. 2d 795 (App. Div., Third Department, 1993); Helms v. Reid, 90 Misc. 2d 583 (Hamilton County Supreme Court, 1977), and Flacke v. Town of Fine 113 Misc. 2d 56 (St. Lawrence County Supreme Court, 1982).

Under the rationale set forth in these cases, Forest Preserve road corridors should maintain a wild forest character, with minimal tree cutting. Thus, the current character of Forest Preserve roads should not be changed, and such roads should continue to have narrow driving surfaces, be surfaced with gravel, be suitable for low speeds only, and be shaded by tree canopy.

Roads and state truck trails are nonconforming in areas classified by the APSLMP and CPSLMP as Wilderness. Therefore, there shall be no maintenance, rehabilitation, relocation, widening, or new construction of roads or state truck trails in Wilderness areas.

In areas classified as Primitive by the APSLMP, existing roads and state truck trails may be maintained, rehabilitated or relocated only if the road or truck trail was in existence when the land was classified as Primitive and the road or truck trail is used by administrative personnelto reach and maintain structures and improvements whose removal cannot be effected by a fixed deadline or whose presence is of an essentially permanent character.

In addition, existing roads in areas classified as Primitive may be maintained, rehabilitated or relocated if the roads are open for public use at the Department’s discretion pending wilderness classification. There may be no widening or new construction of roads or state truck trails in Primitive Areas.

In areas classified as Canoe by the APSLMP, the use of roads is prohibited and therefore such roads may not be maintained, rehabilitated, relocated, widened or constructed. Existing state truck trails in areas classified as Canoe may be maintained, rehabilitated or relocatedwhere the truck trails are being used by administrative personnel for purposes designed to preserve or enhance the water or fishery resources of the area as specified in UMPs. The widening or new construction of truck trails is prohibited in Canoe areas.

In areas classified as Wild Forest by the APSLMP, existing roads and state truck trails which are used solely by administrative personnel to reach, maintain and construct permitted structures and improvements may be maintained, rehabilitated, and relocated, but may not be widened. New roads and state truck trails to be used solely for these purposes may not be constructed. Existing public roads open to the public for motor vehicle use in APSLMP Wild Forest areas may be maintained, rehabilitated and relocated. Existing public roads maybe wide ned only if authorized by Article XIV, Section 1 of the New York State Constitution.

No new roads or state truck trails will be constructed in APSLMP Wild Forest areas unless such construction is authorized by Article XIV, Section 1 of the New York State Constitution and such construction is absolutely essential to the protection or administration of the area, no feasible alternative exists and no deterioration of the wild forest character or natural resource quality of the area will result. In addition, such construction is allowed only if it will not result in a material increase in the cumulative mileage of roads open to motorized use by the public in Adirondack Park Wild Forest units.

In areas classified as Wild Forest by the CPSLMP, existing roads and state truck trails which are used by administrative personnel to reach, maintain and construct permitted structures and improvements, to conduct approved fish and wildlife research and management projects, for rescues, or for other appropriate law enforcement and general supervision of public use may be maintained, rehabilitated, and relocated, but may not be widened.

New roads and state truck trails to be used solely for these purposes may not be constructed. Existing public roads open to the public for motor vehicle use in CPSLMP Wild Forest areas may be maintained, rehabilitated, and relocated. Existing roads and state truck trails may be widenedonly if authorized by Article XIV, Section 1 of the New York State Constitution. No new roads or new state truck trails will be constructed in CPSLMP Wild Forest areas unless such construction is authorized by Article XIV, Section 1 of the New York State Constitution and such construction is absolutely essential to protect or administer the area and there will be no material adverse effect on the wild forest character of the area by the proposed construction.

In addition, such construction is allowed only if it will not result in a material increase in the cumulative mileage of roads open to motorized use by the public in the Catskill Park Wild Forest units. This policy is intended to ensure that road work in the Forest Preserve is in compliance with constitutional and APSLMP and CPSLMP directives. Thus, this policy will ensure that all road and state truck trail maintenance, rehabilitation, relocation, widening and construction projects will be properly authorized and that work plans will be developed and appropriately approved prior to the commencement of such work. This policy will enable staff to determine whether such work: requires approval by the Regional Forester and the Director of the Division of Lands and Forests or the Director’s designee; requires consultation with the Adirondack Park Agency; and requires authorization by an approved UMP or UMP amendment

The policy also will enable staff to determine whether a work plan is needed, and, if so, what it must contain and who must approve it.

Little Moose Mountain

IV. Responsibility:

It shall be the responsibility of all Department divisions and staff to implement the guidelines and procedures of this policy.

It shall be the responsibility of the Forester assigned as the land manger of a management unit to prepare work plans for the unit in consultation with the Division of Operations. It shall be the responsibility of the Regional Forester to review and approve work plans for road work and ensure that work plans are developed for all road work as required by this policy. The Regional Forester shall ensure work plans are in compliance with UMPs and that current best management practices are utilized and any associated impacts on the environment are minimized. It shall be the responsibility of all Department staff involved in road work projects in the Forest Preserve to ensure that all work authorized and is carried out in accordance with the approved work plan and to ensure that any tree cutting complies with policy Lands and Forests Policy 91-2, Cutting and Removal of Trees in the Forest Preserve.It shall be the responsibility of the Regional Director and the Division Director or their designees to review and approve any work plans for road work involving maintenance, relocation, rehabilitation, widening, and new construction proposed under this policy and to assign staff to coordinate with the APA where such coordination is appropriate under thispolicy.

It shall also be the responsibility of the Director of the Division of Lands and Forests to periodically review the provisions of this policy and recommend amendments, where necessary.

Dry Grass at Hang Gliders Cliff

V. Procedure:

The management and actions taken regarding road maintenance, rehabilitation, widening, relocation, and construction on Adirondack Forest Preserve lands shall be in accordance with the above stated policy and the following procedure:

1. Regional staff shall consult with Regional Forester to determine if a proposed project is ordinary maintenance, rehabilitation, minor relocation, relocation other than minor relocation, widening or new construction.

2. APA consultation is required if wetlands in the Adirondack Park might be impacted as required per the MOU. Depending on the scope of the work, an APA Jurisdictional Inquiry Form and Application for Wetlands General Permit, 2005G-1, may be required.

3. Ordinary maintenance of roads may be carried out with the approval of the Regional Forester. At the Regional Forester’s discretion, a work plan may be required for ordinary maintenance. Such work plans must be approved by the Regional Forester and the Director of the Division of Lands and Forests or their designees.

4. All rehabilitation, minor relocation, widening and new construction of roads in the Adirondack Park will be done in accordance with a written work plan prepared by DEC staff in consultation with the APA as per the MOU. All relocation projects should be forwarded to the Director of the Division of Lands and Forests for consultation with APA to determine if the project is considered a minor relocation. Projects that are not part of an approved UMP or UMP amendment and are not minor relocations will be referred to the Director of the Division of Lands and Forests forconsultation with APA to determine if an approved UMP or UMP amendment isrequired for the project.

5. The Regional Forester will ensure that the work plan details the work to be performed, the BMPs that will be used in performance of the work, and the desired final condition of the road and surrounding area. All work plans must describe the work to be performed, including any tree cutting, in relation to a linear distance from the project’s starting point. Markers corresponding to the work described in the work plan shall be placed at the work site. Work plans should include photographs taken at each station and at representative locations along with station by station descriptions of the road condition, driving surface and width.

The Regional Forester will forward work plans approved by the Regional Director or the Regional Director’s Designee to the Director of the Division of Lands and Forests. The Division Director or the Division Director’s designee will notify the Regional Forester of approval or denial of the work plan.

The management and actions taken regarding road maintenance, rehabilitation, minor relocation, relocation, widening and construction on Catskill Forest Preserve lands shall be in accordance with the above stated policy and the following procedure:

1. Regional staff shall consult with the Regional Forester to determine if the proposed project is ordinary maintenance, rehabilitation, minor relocation, relocation other than minor relocation, widening or new construction.

2. Consultation with the Department’s Division of Fish, Wildlife and Marine Resources Freshwater Wetlands Manager is required if wetlands might be impacted.

3. Ordinary maintenance of roads may be carried out with the approval of the Regional Forester.

4. All rehabilitation, minor relocation, widening and new construction of roads in the Forest Preserve will be done in accordance with a written work plan prepared by Department staff. All relocation projects should be forwarded to the Director of the Division of Lands and Forests to determine if the project is considered a minor relocation. Projects that are not part of an approved UMP or UMP amendment will be referred to the Director of the Division of Lands and Forests to determine if an approved UMP or UMP amendment is required for the project.

5. The Regional Forester will ensure that the work plan details the work to be performed and the Best Management Practices that will be used in performance of the work and the final condition of the road and surrounding area. All work plans must describe the work to be performed, including any tree cutting, in relation to a linear distance from the project’s starting point. Markers corresponding to the work described in the work plan shall be placed at the work site.

The Regional Forester will forward work plans approved by the Regional Director or the Regional Director’s Designee to the Director of the Division of Lands and Forests. The Division Director or the Division Director’s designee will notify the Regional Forester of approval or denial of the work plan.

Sunny Morning at Powley Place Bridge

Related References:

Adirondack Park State Land Master Plan (APSLMP), Adirondack Park Agency, June 2001

Catskill Park State land Master Plan (CPSLMP), NYSDEC, 1985

New York State Forestry, Best Management Practices for Water Quality, BMP Field Guide,NYSDEC, January 2000

Lands and Forests Policy 91-2, Cutting and Removal of Trees in the Forest Preserve

2003 Adirondack Park Agency/Department of Environmental Conservation Memorandum ofUnderstanding

Article XIV (Conservation) of NY State Constitution

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As amended by the voters on November 5, 2013.

Section 1: Forest preserve to be forever kept wild; authorized uses and exceptions.

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.

Snowy Mountain

Exception 1:
Adirondack Northway.

Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amendment, nor from constructing and maintaining to federal standards federal aid interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls, thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of South Horicon and Pottersville and thence northerly in a generally straight line on the west side of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity of Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of the hamlet of New Russia, east of the village of Elizabethtown and continuing northerly in the vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing northerly to the vicinity of the village of Keeseville and the city of Plattsburgh, all of the aforesaid taking not to exceed a total of three hundred acres of state forest preserve land, …

Exception 2:
State-owned Ski Resorts Bellayre and Gore Mountain.

… nor from constructing and maintaining not more than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than five miles of such trails shall be in excess of one hundred twenty feet wide, on the north, east and northwest slopes of Whiteface Mountain in Essex county, nor from constructing and maintaining not more than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than two miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Belleayre Mountain in Ulster and Delaware counties and not more than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than eight miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Gore and Pete Gay mountains in Warren county, …

Exception 3:
Realignment of Certain State Highways in Adirondacks,
Namely Route 9, Route 73, Route 28, and Route 30.

… nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length.

Exception 4:
Saranac Lake Town Dump Land Exchange.

Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake ten acres of forest preserve land adjacent to the boundaries of such village for public use in providing for refuse disposal and in exchange therefore the village of Saranac Lake shall convey to the state thirty acres of certain true forest land owned by such village on Roaring Brook in the northern half of Lot 113, Township 11, Richards Survey.

Exception 5:
Piseco Airport, Part I, Land Exchange.

Notwithstanding the foregoing provisions, the state may convey to the town of Arietta twenty-eight acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and in exchange therefor the town of Arietta shall convey to the state thirty acres of certain land owned by such town in the town of Arietta.

Exception 6:
Moose River Plains and International Paper Land Exchange.

Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title, the state, in order to consolidate its land holdings for better management, may convey to International Paper Company approximately eight thousand five hundred acres of forest preserve land located in townships two and three of Totten and Crossfield Purchase and township nine of the Moose River Tract, Hamilton county, and in exchange therefore International Paper Company shall convey to the state for incorporation into the forest preserve approximately the same number of acres of land located within such townships and such County on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands to be conveyed by the state.

Exception 7:
Sagamore Insitute Land Exchange.

Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title and the conditions herein set forth, the state, in order to facilitate the preservation of historic buildings listed on the national register of historic places by rejoining an historic grouping of buildings under unitary ownership and stewardship, may convey to Sagamore Institute, Inc., a not-for-profit educational organization, approximately ten acres of land and buildings thereon adjoining the real property of the Sagamore Institute, Inc. and located on Sagamore Road, near Racquette Lake Village, in the Town of Long Lake, county of Hamilton, and in exchange therefor; Sagamore Institute, Inc. shall convey to the state for incorporation into the forest preserve approximately two hundred acres of wild forest land located within the Adirondack Park on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands and buildings to be conveyed by the state and that the natural and historic character of the lands and buildings conveyed by the state will be secured by appropriate covenants and restrictions and that the lands and buildings conveyed by the state will reasonably be available for public visits according to agreement between Sagamore Institute, Inc. and the state.

Exception 8:
Piseco Airport, Part II Land Exchange.

Notwithstanding the foregoing provisions the state may convey to the town of Arietta fifty acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and providing for the maintenance of a clear zone around such runway, and in exchange therefor, the town of Arietta shall convey to the state fifty-three acres of true forest land located in lot 2 township 2 Totten and Crossfield’s Purchase in the town of Lake Pleasant.

Exception 9:
Town of Keene Cemetery Land Exchange.

Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to the town of Keene, Essex county, for public use as a cemetery owned by such town, approximately twelve acres of forest preserve land within such town and, in exchange therefor, the town of Keene shall convey to the state for incorporation into the forest preserve approximately one hundred forty-four acres of land, together with an easement over land owned by such town including the riverbed adjacent to the land to be conveyed to the state that will restrict further development of such land, on condition that the legislature shall determine that the property to be received by the state is at least equal in value to the land to be conveyed by the state.

Exception 9:
Hamlet of Raquette Lake Drinking Wells, Land Exchange.

Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, because there is no viable alternative to using forest preserve lands for the siting of drinking water wells and necessary appurtenances and because such wells are necessary to meet drinking water quality standards, the state may convey to the town of Long Lake, Hamilton county, one acre of forest preserve land within such town for public use as the site of such drinking water wells and necessary appurtenances for the municipal water supply for the hamlet of Raquette Lake. In exchange therefor, the town of Long Lake shall convey to the state at least twelve acres of land located in Hamilton county for incorporation into the forest preserve that the legislature shall determine is at least equal in value to the land to be conveyed by the state. The Raquette Lake surface reservoir shall be abandoned as a drinking water supply source.

Exception 10:
Tupper Lake/National Grid “Tri-Lakes Reliability Project” Land Exchange.

Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to National Grid up to six acres adjoining State Route 56 in St. Lawrence County where it passes through Forest Preserve in Township 5, Lots 1, 2, 5 and 6 that is necessary and appropriate for National Grid to construct a new 46kV power line and in exchange therefore National Grid shall convey to the state for incorporation into the forest preserve at least 10 acres of forest land owned by National Grid in St. Lawrence county, on condition that the legislature shall determine that the property to be received by the state is at least equal in value to the land conveyed by the state.

Exception 11:
Ending the Township 40/Racquette Lake Property Dispute.

Notwithstanding the foregoing provisions, the legislature may authorize the settlement, according to terms determined by the legislature, of title disputes in township forty, Totten and Crossfield purchase in the town of Long Lake, Hamilton county, to resolve longstanding and competing claims of title between the state and private parties in said township, provided that prior to, and as a condition of such settlement, land purchased without the use of state‐appropriated funds, and suitable for incorporation in the forest preserve within the Adirondack park, shall be conveyed to the state on the condition that the legislature shall determine that the property to be conveyed to the state shall provide a net benefit to the forest preserve as compared to the township forty lands subject to such settlement.

Exception 12:
NYCO Minerals Land Exchange.

Notwithstanding the foregoing provisions, the state may authorize NYCO Minerals, Inc. to engage in mineral sampling operations, solely at its expense, to determine the quantity and quality of wollastonite on approximately 200 acres of forest preserve land contained in lot 8, Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, Inc. shall provide the data and information derived from such drilling to the state for appraisal purposes. Subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title, the state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in exchange therefor, NYCO Minerals, Inc. shall convey to the state for incorporation into the forest preserve not less than the same number of acres of land, on condition that the legislature shall determine that the lands to be received by the state are equal to or greater than the value of the land to be conveyed by the state and on condition that the assessed value of the land to be conveyed to the state shall total not less than one million dollars. When NYCO Minerals, Inc. terminates all mining operations on such lot 8 it shall remediate the site and convey title to such lot back to the state of New York for inclusion in the forest preserve. In the event that lot 8 is not conveyed to NYCO Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. nevertheless shall convey to the state for incorporation into the forest preserve not less than the same number of acres of land that is disturbed by any mineral sampling operations conducted on said lot 8 pursuant to this paragraph on condition that the legislature shall determine that the lands to be received by the state are equal to or greater than the value of the lands disturbed by the mineral sampling operations.

Ashokan Reservior

Section 2:
Reserviors.

The legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construction and maintenance of reservoirs for municipal water supply, and for the canals of the state.

Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use.

The expense of any such improvements shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received. Any such reservoir shall always be operated by the state and the legislature shall provide for a charge upon the property and municipalities benefited for a reasonable return to the state upon the value of the rights and property of the state used and the services of the state rendered, which shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term. Unsanitary conditions shall not be created or continued by any such public works.

Mallet Pond Dam

Section 3:
Forest and wild life conservation; use or disposition of certain lands authorized.

1. Forest and wild life conservation are hereby declared to be policies of the state. For the purpose of carrying out such policies the legislature may appropriate moneys for the acquisition by the state of land, outside of the Adirondack and Catskill parks as now fixed by law, for the practice of forest or wild life conservation. The prohibitions of section 1 of this article shall not apply to any lands heretofore or hereafter acquired or dedicated for such purposes within the forest preserve counties but outside of the Adirondack and Catskill parks as now fixed by law, except that such lands shall not be leased, sold or exchanged, or be taken by any corporation, public or private.

2. As to any other lands of the state, now owned or hereafter acquired, constituting the forest preserve referred to in section one of this article, but outside of the Adirondack and Catskill parks as now fixed by law, and consisting in any case of not more than one hundred contiguous acres entirely separated from any other portion of the forest preserve, the legislature may by appropriate legislation, notwithstanding the provisions of section one of this article, authorize:

(a) the dedication thereof for the practice of forest or wild life conservation; or

(b) the use thereof for public recreational or other state purposes or the sale, exchange or other disposition thereof; provided, however, that all moneys derived from the sale or other disposition of any of such lands shall be paid into a special fund of the treasury and be expended only for the acquisition of additional lands for such forest preserve within either such Adirondack or Catskill park.

Farm Tractor

Section 4:
Protection of natural resources; development of agricultural lands

The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

The legislature shall further provide for the acquisition of lands and waters, including improvements thereon and any interest therein, outside the forest preserve counties, and the dedication of properties so acquired or now owned, which because of their natural beauty, wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people.

Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature.

Off Firetower

Section 5:
Violations of article; how restrained.

A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.

Our Urban State

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A while back I showed off the population of New York State in 2010, based on every town’s population. We looked at population density of various towns, and how it’s very dense in a few towns, and very spread out in most of state. Today, let’s look at a map of the developed areas of NY State.

Craziness at the Early Vote place

Roughly 10% of the state is urbanized… the rest of state is rural.

So what goes on in the rest of state? About 24% of the state is farmed — lots of cows, corn, alfalfa and hay, but an even bigger portion is essentially wildlands, covered with water or forest lands.

Distance to State Parks

It’s not to say people don’t live in other areas — they do. But small rural houses and farm steads are just footnotes, in a largely wild, forested or farmed landscape that makes up most of New York.

Can You Sue the State For Failing to Protect Against Pollution?

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Article XIV Section 4 states:

The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

Cedar River Below Dam

While Article XIV Section 5 provides:

A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.

This would state affirmatively that the any citizen may sue the state for failing to “conserve and protect its natural resources and scenic beauty” and “encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.”.

How Much Do I Have Invested in NY State?

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Last night I was pondering how much I had invested in NY State, not in form of capital as much as knowledge and connections. You know, over 29 years of living in this state, I’ve learned much, and moving away from it, would seem I would loose a lot.

Things like (in no particular order):

  • Familiarity of the roads and places
  • How state government works (sorta)
  • The general topography of the land
  • General folkways of doing things
  • Community organizations
  • Personal connections

South West

Maybe this is why a lot of people never leave the community they grew up in, and even fewer ever leave the state they were born in. It just seems like moving on is such a daunting task, especially when you’ve come so familiar with the status quo.

I’ve lived in other parts of Upstate New York, from time to time, but somehow any part of New York State your in is kind of structured the same way. Other states, not so much. But maybe I’m over playing the differences.

Then again, the world is always changing. The place I knew a few years back rarely stays the same due to forces of man and nature alike. Time changes everything.

How To Make Maps from Redistricting Block Lists

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When a city council, county legislature, or state legislature redistricts itself to reflect changing population, they usually release data in two formats:

  1. Census Block Equivalency – A list of census blocks in each district, generated by the commerical GIS program (such as Mapitude) used for redistricting.
  2. Metes and Bounds – A legal description of each district, used in resolving court disputes over district boundaries, and assisting board of elections on where to put voters whose property might be crossed by a Census block

If you planning on making a map, Metes and Bounds won’t be particularly useful. Computers don’t understand english very well, they need numbers and lists. In contrast, the Census Block Equivalency is very useful for mapping things.

Every year, the Census Bureau puts out series of ERSI Shapefiles known as TIGER/Line. You can download TIGER/Line for any state and county in the United States from their website. They provide many different shapefiles and layers such as a Highway, Faces, Edges, and County Subdivision layers, however the one you will be most interested for making district maps is the Tabulation Block (tabblock) layer.

You can use these files in the free program known as Quantum GIS or QGIS. While this tutorial will not explain the ins and outs of QGIS, this should get you started on making redistricting maps.

The Tabulation Block Layer is the file containing all of the Census Blocks for a particular county. A Census Block is the smallest unit of population gathered by Census Block, and consists of all bordering features (bounds) — roads, rivers, shorelines, along with all imaginary lines (metes) — town lines, village lines, other lines drawn for statisitical purposes.

Each Census Block has a number, that is a subdivision of the Census Block, County ID, and State ID that it resides within. For example, the Governor’s Mansion in Albany is located in Census Block 2000 in Census Track 23.00 (zero padded to 002300) in Albany County (Federal Information Processing Standard — FIPS ID: 01) which is in NY State (FIPS ID: 36). County subdivisions are not applied to Census Tract Numbers, as they may in some cases cross county subdivisions, as is the case of smaller districts.

You put those numbers together to get the GEOID — which is the key used for redistricting block lists and most other block-level census data. The Governor’s Mansion is located at a block with a GEOID 360010023002000.

36 001 002300 2000
State ID County ID Zero Padded Census Tract Number Census Block Number

The block list you get from a redistricting commission typically is in Database Exchange Format (.DBF) or Comma Deliminated Format (.CSV) which are both openable by common spreadsheet applications like Microsoft Excel or OpenOffice Spreadsheet and GIS programs like ArcGIS or Quantum GIS.

This is taken from the LATFOR State Senate Proposed Districts (January 2012) DBF file. It shows you that the Governor resides in Proposed Senate District 44. Across the river in Census Block 4010, Census Tract 524.03, in Rensselear County (FIPS ID 83), NY State (FIPS ID: 36) is located in Proposed Senate District 43.

360010023002000 SD44
360010021002008 SD44
360010021002004 SD44
360010021002001 SD44
360830524034017 SD43
360830524034010 SD43

Download the TIGER/line “Tabulation Block” Shpaefile file for the district you are interested in. You will want the 2010 version. You can download a state-wide tabulation block file, however that is not recommended as the next step will be impossibly slow on most computers. You may also want to open the .CSV or .DBF file in your spreadsheet program and cut out the county you want to speed things up.

You will then want to open up the file in Quantum GIS. You will get a nice map of the county you downloaded, showing all of the Census Blocks.

  • From there, go to the Vector -> Join Attributes submenu.
  • Make sure that the Target vector layer matches the Tabulation Block Shapefile you wish to join against, then set Target join field to GEOID10 .
  • Select click Join dbf table and select the DBF or CSV file you wish to join.
  • Change the Join field to BLOCK or whatever the GEOID is titled in your redistricting block file.
  • Enter in a location to save the Output Shapefile
  • Click okay.

Then wait. A typical county will take 10-40 minutes to join on my 5 year old laptop; your computer may be quicker. If you have a dual processor machine, go on to doing other work in other programs. You will end up with a map that looks like this (stylized for your enjoyment). Each block will be assigned a Senate District (in this example).

Halfway there. Now you need to “dissolve” each Census Block into it’s larger political district. Go to Vector -> Geoprocessing Tools -> Dissolve . Set the Input vector layer to the file you previously joined. Then set the Dissolve field to the field containing the district number — such as DISTRICTID or whatever it is named. Enter a name to safe the file. Click Dissolve.

Outputed will be a Shapefile containing all the political districts in the county you joined and dissolved. This will take 5-20 minutes on my laptop. Other data may exist in that file, such as Census Block number, however at this point that data will be invalid, as only the district number is accurately preserved in such a join. All other data will be picked at random, so delete those columns.

I hope this is helpful. If you just want the Proposed State Senate or State Assembly Districts you can download them from Center for Urban Research. These are the same data, joined using the above process by somebody with a much faster computer. I have also made up a Shapefile containing the Albany County Legislative Districts using this process.

State Land Acreage By Classification

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All figures are in acres except where noted. Table updated April 2011. Reprinted from the DEC Website.

Inspiration Point

Land Classification Region
1		 Region
2		 Region
3		 Region
4		 Region
5		 Region
6		 Region
7		 Region
8		 Region
9		 Catskill
Park Total		 Adirondack
Park Total		 State
Total		 Percent of Total
State Land and
Conservation
Easements
State Forest 16,056 758 31,763 102,248 58,354 221,924 200,419 55,581 99,121 – 16,264 ** 786,224 17%
Forest
Preserve 		Wilderness – – 89,352 53,482 954,601 206,151 – – – 142,834 1,160,752 1,303,586 28%
Wild Forest – – 75,588 60,368 938,664 ** 367,123 – – – 135,956 1,305,787 1,441,743 31%
Primitive – – – – 31,309 15,704 – – – – 47,013 47,013 1%
Primitive Bicycle
Corridor		 – – 15 283 – – – – – 298 – 298 0.006%
Canoe – – – – 18,989 – – – – – 18,989 18,989 0.4%
Intensive Use – – 4,104 1,542 21,591 1,828 – – – 5,646 23,419 29,065 0.6%
Administrative – – 392 0 *** 384 7 – – – 392 391 783 0.02%
Historic – – – – 531 – – – – – 531 531 0.01%
Pending
Classification		 – – – – 259 111 – – – – 370 370 0.007%
Under Water*
(Unclassified)		 – – – – 17,395 6,534 – – – – 23,929 23,929 0.5%
Detached
Parcel		 – – 1,382 4,141 1,441 4,318 – – – – – 11,282 0.2%
Total Forest Preserve – – 170,833 119,816 2,001,313 601,776 – – – 285,126 2,597,267 2,893,738 61%
Wildlife Management Area 6,007 – 12,021 18,518 6,524 ** 46,371 49,562 41,462 17,178 407 *** 2,755 ** 197,643 4%
Conservation Easement 108 21 7,264 7,286 488,463 336,783 436 – 10 9,437 769,579 840,371 18%
TOTALS: 22,171 779 221,881 247,868 2,554,654 1,206,854 250,417 97,043 116,309 294,970 3,385,865 4,717,976 100%

Blue Ridge and Blue Mountain

Notes from the DEC.

* Certain lake beds are considered Forest Preserve, despite some level of private ownership adjacent to the lakes. These underwater lands are not classified. For the purposes of this table, however, lakes and ponds that are completely surrounded by Forest Preserve have been classified the same as the adjacent land.

** Where State Forests and Wildlife Management Areas exist within the Adirondack Park, the Adirondack Park State Land Master Plan also classifies these lands as Wild Forest. However, since these lands are not Forest Preserve, State Forest and Wildlife Management Area acreages within the Adirondack Park were NOT included in the Wild Forest category.

*** Where Wildlife Management Areas exist within the Catskill Park, the Catskill Park State Land Master Plan also classifies these lands as Administrative. For calculation purposes in this table, however, Wildlife Management Area acreage within the Catskill Park was NOT also included in the Administrative category.