Your email address will not be published. It stands now as the strongest forest protection law on earth. This lawsuit alleges violations of Article 14 of the New York Constitution, the famed “forever wild” provision, over tree cutting and construction by the state of a network of road-like class II community connector snowmobile trails on the Forest Preserve in the Adirondack Park. [Rights, privileges and franchise secured; power of legislature to dispense with primary elections in … The Adirondack Park and the counties within it … The political calendar makes action on a proposed amendment to the State Constitution advantageous in 2020. They have been used regularly, yet sparingly, over the last 80 years. The first is through what has come to be called a “use” amendment. 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. Section 1. In recent years, the “land swap” amendment has been more common. Hamilton County is one of only two counties that lie entirely within the Adirondack Park (Essex is the other). In 1894, a convention called to revise New York State's Constitution (primarily with regard to issues relating to the judiciary) unexpectedly endorsed an amendment that subsequently became the "Forever Wild" article. Curbing New York's 40-year road salt addiction, Comments show divide over Lake Luzerne map amendment proposal, Tips for planning a holiday Adirondack ski trip, North Country teacher wins Dunkin' sweepstakes, Stefanik announces funding for Lake Champlain – Lake George Regional Planning, OSI buys 2,200 acres in eastern Adirondacks, Fort Drum soldier in custody over recent death, Click here to see Lynch’s recent photo gallery of a U.S. Luge official in action at Mt. Article 14, Section 1, of the New York Constitution, the famed “Forever Wild” provision, has been amended 16 times since 1938. Click here to see Lynch’s recent photo gallery of a U.S. Luge official in action at Mt. And no one else in the United States, not one other in the 49 states or the District of Columbia has managed to duplicate that. Environmental Conservation, Forever Wild Act, New York State Constitution, New York State Constitutional Convention. Water quality in NYC was also a major concern, and only healthy forests provide clean water. Sorry, your blog cannot share posts by email. The Forest Preserve is accessible free of charge and is open 24/7. It is managed by the state Department of Environmental Conservation (DEC). This is why the 16 successful amendments to Article 14, Section 1 saw legislative action for First or Second Passage in 30 of the 41 Legislatures convened since 1939. This Constitutional provision, which became effective on January 1, 1895 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 … They certainly did not imagine the amount of recreational time all economic classes of people would have a century later. On that day a new constitution, drafted during the summer of 1894 and approved by New York voters in November, took effect. The “Forever Wild” provision of the New York State constitution has protected the Forest Preserve since the first day of January 1895. The State of New York has approved constitutional amendments to Article 14, Section 1, 16 times since the 1938 Constitutional Convention, which produced New York’s current Constitution. New York law calls for constitutional conventions to be held roughly every twenty years, and the New York Board of Trade and Transportation pushed a total prohibition on log-ging on state land, the forever- wild provision, through the convention held in 1894. In 1894 the "forever wild" clause, preventing timber cutting and the sale or lease of any of the state lands (between 2.6-2.8 million acres) in the forest preserve, was approved and added to the New York State Constitution. … It is recognized as one … It has been amended five times since 2007, making this period the most active and intensive in Forest Preserve history for amendments. He also worked at Adirondack Life Magazine. Given the historic failure of the State of New York to comply with the Forever Wild provision of the State Constitution at Mt. These are decisions that must be made by the People of the State of New York. Adirondack Park is an evolving and dynamic place that requires minor changes to Article 14, Section 1, to meet local needs or resolve an Adirondack Park management or public welfare problem. These are extraordinary times, unlike anything that any of us have lived through before, with the COVID-19 pandemic and the state shutdown. The harsh climate and shallow soil meant that the region was spared the influx of settlers who moved into more fertile lands in the 18th and early 19th centuries. (Source: Protections in the New York State Constitution Beyond the Federal Bill of Rights, Article 14 amendments are a necessary tool for managing a complex and dynamic place like the Adirondack Park. This edition of the New York State Constitution is provided as a public service by the:. New York State Constitution, Environmental Conservation, Forever Wild Act, New York State Constitutional Convention Article XIV of the New York State Constitution guarantees the conservation of our state's natural resources including 3 million acres of forest preserves and protects natural resources such as New York City's water reservoirs. Purchase of new lands are also used to make use amendments more salable to the public. All legislators swear an oath to uphold the Constitution. We caught lighting in the bottle in 1894 and every time there is talk about a Constitutional Convention, I get worried that [that] provision is going to disappear. Photo at top by Mike Lynch/Adirondack Explorer. There are three under consideration now, and there will undoubtedly be more used in the future. Art. This article is the first of five that looks at Article 14 amendments in general, the three amendments currently being organized, and the hangover from the NYCO amendment in 2013. Nothing has been better at protecting forests from harm. Recent examples of land swap amendments include the Saranac Lake landfill in 1963, both of the amendments for the Piseco Airport (1965, 1991), Town of Keene Cemetery in 1995, and Raquette Lake Water Supply in 2007. Department of State Division of Administrative Rules Albany, NY 12231-0001. Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The New York state Constitution's "Forever Wild" clause guards more than 3 million acres of public forests in the Adirondack and Catskill parks, known as the State Forest Preserve. On that day a new constitution, drafted during the summer of 1894 and approved by New York voters in November, took effect. THE “FOREVER WILD” provision of the New York State constitution has protected the Forest Preserve since the first day of January 1895. Since 1885, the Forest Preserve has been the beneficiary of a multi-generational and bipartisan commitment to the protection of wildlands, including a vast array of unique ecosystems, and abundant outdoor recreational opportunities. Here is the original text for Article 14, 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. Each draft amendment is subject to legislative review for First and Second Passage and a vote by the People of the State of New York. The New York Constitution is a covenant between the governed and governing, between the People and the State. We publish commentary and opinion pieces from voluntary contributors, as well as news updates and event notices from area organizations. This would significantly delay the resolution of major problems facing the Forest Preserve and Adirondack communities. Examples of a “use” amendment include the amendments that approved the development of alpine ski areas at Gore and Whiteface Mountains: November 4, 1941: Whiteface Mountain Ski Area 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. Required fields are marked *. New York's Forest Preserve, comprises almost all the lands owned by the state of New York within the Adirondack and Catskill parks. Unless a special amendment is made for a development project, state Forest Preserve lands cannot be bought, sold or transferred - allowing Adirondack recreation opportunities to flourish. Velmanette Montgomery. Wild Since the adoption of the "Forever Wild" clause of the New York State Constitution by New York's voters on November 6, 1894, it has undergone many threats. Other use amendments include the 1957 Department of Transportation “Highways Land Bank” to manage state highways bordered by Forest Preserve. To learn more about Senator Montgomery's Constitutional Convention education forum, visit: https://www.nysenate.gov/newsroom/articles/velmanette-montgomery/new-york-state-constitution-and-forever-wild-act, To read the New York State Constitution, visit https://www.dos.ny.gov/info/constitution.htm. For more information about New York State, The 1894 “Forever Wild” article of the New York State Constitution makes this area the oldest continual and successful constitutionally protected preserve in the world. Some green groups say it would threaten Article XIV of the state constitution, which grants forever wild status to public lands in the Park. New York voters in 1894 to amend the state Con-stitution to mandate that the state-owned Forest Preserve “shall be forever kept as wild forest lands.” That clause today pro-tects nearly 3 million acres of forests in the Adirondacks and Catskills. Article 14 is the most frequently amended part of the Constitution due to the fact that in many towns in the Adirondack and Catskill Parks, Forest Preserve ownership is often very high, being over 50 percent in many communities and even higher in more than a dozen. Sorry, you need to enable JavaScript to visit this website. Van Hoevenberg Winter Sports Complex (pictured here) into compliance with Article 14, removing the former Camp Gabriels prison complex from the Forest Preserve, and for locating an emergency communications tower on, and possibly providing public access, to Cathead Mountain in southern Hamilton County, which would involve neighboring Forest Preserve. The bar is set high for any amendment to the NYS Constitution. Van Hoevenberg. Since 1894, the public Forest Preserve in the Adirondack and Catskill Parks has been protected in the NYS Constitution so that all major decisions about the welfare of the Forest Preserve must be made by the People and not by the Governor, state agencies, or the Legislature. Of the 4.7 million acres(19,000 km ) of land in the state maintained by DEC, nearly 3 million (12,000 km ) are considered to be Forest Preserve. The Forest Preserve today contains over 90 percent of the designated Wilderness areas in the 11 states of the northeastern United States. At times this high level of public Forest Preserve ownership has created serious challenges for municipalities to provide basic services.

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