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ADIRONDACK
PARK AGENCY REPORTER
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Article IV: Conservation Section 1 Section 2 Section 3.1 Section 3.2 Section 4 Section 5 Section 1. 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.
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, 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, 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. 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.
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 therefore the town of Arietta
shall convey to the state thirty acres of certain land owned by such town in
the town of Arietta. 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`s 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. 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
therefore; 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. 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
therefore, 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. 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 therefore, 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. Section 2. 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. Section 3. 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. Section 3. 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 wildlife 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. Section 4. 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. Section 5. 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. |
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