Old Mountain Road’s status is murky

LAKE PLACID - A state Department of Environmental Conservation attorney has asked for clarification of the DEC commissioner's decision to toss out a fine against Lake Placid Snowmobile Club President Jim McCulley for driving his truck on Old Mountain Road in 2005.

Since it was reopened in 1986 by the Adirondack Ski Touring Council as part of the Jackrabbit Trail, Old Mountain Road has been used as a trail for cross-country skiing in winter and hiking in summer. The DEC considered it part of the Sentinel Range Wilderness, but no longer - now, the towns of Keene and North Elba seem to have jurisdiction over it, as they once did.

"On behalf of the staff of the Department of Environmental Conservation, I respectfully request clarification of certain aspects of the decision," DEC Region 6 attorney Randall C. Young wrote to DEC Commissioner Alexander "Pete" Grannis on June 5. "Staff does not seek reversal of the dismissal of the action. ... However, we believe that specific aspects of the decision should be clarified to ensure proper care, custody, and control of the lands under the administration of the Department."

Young asked for clarification of five points, including Keene and North Elba's obligation to improve the route, all-terrain vehicle and snowmobile use on it, and a statement about the criteria for abandoning a road.

In response to Young's request, McCulley's attorney, Matt Norfolk, of Lake Placid, filed an opposition motion Thursday.

Norfolk argued that "all of the issues DEC staff raises in their motion for clarification were thoroughly argued, litigated and adjudicated in the administrative enforcement proceeding. ... DEC staff enjoyed many opportunities to state their case and the legal authority upon which they relied."

Precedent setting?

Since winning the decision, both Norfolk and McCulley have said this is a precedent-setting case that could effect hundreds of old town roads not properly abandoned by municipalities and absorbed into the Adirondack Forest Preserve. In a press release, Norfolk stated that "the reason behind DEC Staff's motion for clarification clearly is to avoid the state-wide precedent the McCulley decision presents."

But a DEC spokeswoman in Albany denied this is the case.

"This ruling only applies to the Old Mountain Road case, and has no impact on other closed roads in the Adirondacks," DEC spokeswoman Lori Severino wrote in an e-mail to the Enterprise. "This is an individual enforcement case involving one specific set of facts and one specific road. It does not signal a policy change."

But Severino's statement seems to be inconsistent with Young's letter to Grannis.

"Clarification regarding recreational use is also important because many of the Department's trails on state land may follow former roads that were arguably highways by use at some point in the distant past," Young wrote. "This has significant implications for management of the state's trails and how staff will create trails and manage lands in the future."

Another question raised by McCulley since the decision was whether having a town road through a wilderness area would require a reclassification of the land. State Adirondack Park Agency spokesman Keith McKeever said his agency is not currently considering a reclassification of the Sentinel Range Wilderness and that having a town road through a wilderness area is not unprecedented. He noted that roads can be considered primitive corridors.

"There's no discussion about making changes to the Sentinel Range Wilderness, although (DEC) commissioner's decision does raise some legal issues," McKeever said. "At this time we're working with DEC to coordinate any responses until things shake out."

The main legal issue is what to do with other town roads on Forest Preserve that weren't properly abandoned. He said there may have to be changes to the State Land Master Plan in the future to deal with this issue, but that still has to be determined.

"The main issue is how to deal with them because this could come up in other areas," McKeever said. "We're working with the DEC to coordinate any changes to the (State Land) Master Plan to deal with it."

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Contact Mike Lynch at (518) 891-2600 ext. 28 or mlynch@adirondackdailyenterprise.com.

Member Comments

View Comments: | 1-14 | Post a comment

shipsaint
07-09-09 9:48 AM »Report Abuse	skiman your grasping at anything,the point is the road was never closed,now dec and apa have to mend thier fences on all abondon rds not just old mtn rd,
shipsaint
07-09-09 9:44 AM »Report Abuse	go get em vendor,keep them on thier heals,make them work for thier moneys and think for that matter.
skiman2
07-07-09 7:17 PM »Report Abuse	Other than what the Towns of North Elba and Keene plan to do with their road, the status is not murky at all. The road is a town road and is under the juristiction of the towns. One only has to read Grannis' Decision and Order to see that DEC has tried to circumvent the rule of law to 'create' wilderness and has been caught. It is quite enlightening to read the actual Decision and Order: ***********dec.ny.gov/hearings/54774.html Isn't it curious that the request for clarification comes from Region 6 where there are perhaps more town roads on Forest Preserve than in Region 5 and where ATVs and snowmobiles are big business? We have not seen the end of this issue.
contrary1
07-07-09 10:22 AM »Report Abuse	If Jim keeps attacking the elitist enviros, and I keep attacking the elitist GOP law enforcement officials, we just might be able to bring the US Constitution to the North Country. I love it. With all of the highly educated eggheads in government, a graduate of Camelot's school of dysfunctional throw-aways, is making them look like a bunch of*******uneducated fools. But he DID read the Governors Commission to Protect the Adirondacks in the 21st Century, didn't he? It's easy to pick the winning argument, when you have the oppositions playbook. Good job Jim. Either we are a nation of laws, or we aren't. It's time for the entitled ones to either accept it, or move to a third world banana republic where they will feel more comfortable. I'm OK with either one.
FishCric
07-06-09 11:01 AM »Report Abuse	annies Wyoming theres lots of undeveloped parcels along the front range, For 1-2 thousand an acre (5-150 acre lots) with basic electric and maybe cable by now. New york keeps this stuff up along with the crazy taxes and company's will not come or stay here. The area has a good blend of activities but all the different fighting party's make it a joke. I think we all need to Learn to share. sorry to ramble
hught1956
07-06-09 9:39 AM »Report Abuse	One would think that the DEC and the Adirondack Council would let sleeping dogs lie. The DEC and APA should learn to abide by the law, after all, we all have too. Legally there is no doubt that Old Mountain Road is a town road.
vendor
07-06-09 6:58 AM »Report Abuse	Eastman, 2 state Judges, 2 federal Judges, and a DEC Judge, all agree with me. Luck LOL. Who was it that, defined insanity as doing the same thing over and over, and expecting a different result? 2 weeks ago the Federal judge in a confrence call told the AG's office the DEC, had better change their ways. I want to thank them for not. These morons will open every road ever closed. I am not for that. But when you are run by nuts. The rule of unintended consquences comes into play.
annies
07-05-09 2:30 PM »Report Abuse	FishCric,where out west can you buy land for 500.00 a acre. Can you build on it?? Just curious.
Afinehowdoyoudo
07-04-09 11:35 PM »Report Abuse	Don't all you people have anything to do?
Shortcellar
07-04-09 11:19 PM »Report Abuse	First, Mike Lynch needs to start reporting the facts rather than becoming part of the propaganda machine of the DEC and certain others who can not digest the fact that the Old Mountain Road was NEVER ABANDONED and it was NEVER CLOSED. To assert that the Old Mountain Road was reopened by the ASTC in 1986 in wake of all of the facts and history on this road, is illustrative of subpar reporting. Take a gander, Mike, down into the archives in the Lake Placid public library and see the reams of documents the late Mary McKenzie compiled. She was a gem and as our Town Historian was dedicated to find the truth and report factual information. Stop the propaganda and start reporting the truth. The truth is the Old Mountain Road is a road and has never been abandoned and was never closed. The facts are crystal clear NOT murky.
TEastman
07-04-09 6:16 PM »Report Abuse	Vendor, your legal luck will run out! MUAHHAHAHA!
vendor
07-04-09 9:30 AM »Report Abuse	twinrivers this is about whether an agency created by law has to follow the law. Since a road can not be forest preserve. The enviro theory that the state is protecting the forest preserve is ridiculous. I know this is falling on deaf ears because honesty from environmentalist is a rare quality. By the way was I quoted in this story? I know it's all about me and not the abuse of power by enviro thugs you support. Don't worry it's snowmobilers now,but rock climbers and river rafters are next. Then who? Back country skiers who are cutting out swaths of the forest preserve wider than the trails on White Face? You know the ones that are defended by APA lawyers for cutting trees actually on state land. But I am prosecuted? The best part is We will win again for an even larger president. Oh and the Sentinel Range a Wilderness area? You can hear road noise from 73 and 86 through 90% of it.The LP airports flight path goes right over it. That's Wilderness?
twinrivers
07-04-09 8:36 AM »Report Abuse	Regardless of the DEC's decision, the APA, in coordination with DEC, should enforce the areas designation as a Wilderness area NOT designate a primitive corridor after the fact. Although Jim McCulley continues to try to make this situation about him, other than his intentional infractions to draw attention to himself and his self-annointed position as anti-government/anti-environmental spokesperson, this situation is not about him. The state has a responsibility to enforce the protections of the Forest Preserve. Especially in Wilderness areas that means that the human recreation interests (motorized or otherwise) are secondary to the larger interests of New Yorkers to protect the environment of the Park. Hopefully, in the end, the DEC and APA will clarify and strengthen protections for the Park.
northcountrynell
07-04-09 7:47 AM »Report Abuse	Isn't wonderful how all these over educated knucleheads can talk themselves into an argument even THEY can't understand once the case has been settled. Hey....I didn't get a HURUMPHHHH outa that fat guy at the end of the table...... Thanks DEC again for spending your money and time wisely.....when you should be cutting your grass.

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