senate Bill S506A

Authorizes state residents to gather fallen timber from the floor of the state forest preserve when such timber is within 50 feet of a public highway

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 12 / Apr / 2011
    • 1ST REPORT CAL.354
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 02 / May / 2011
    • AMENDED (T) 506A
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 26 / May / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION

Summary

Authorizes state residents to gather dead timber from the floor of the state forest preserve when such timber is within 50 feet of the center line of a public highway.

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Bill Details

See Assembly Version of this Bill:
A153A
Versions:
S506
S506A
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 14 ยง1, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S272, A445
2007-2008: A10608

Sponsor Memo

BILL NUMBER:S506A

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution,
in relation to the gathering of fallen
timber from the lands of the state
forest preserve

PURPOSE:
To permit the taking of fallen timber from forest preserve lands along
the side of public highways.

SUMMARY OF PROVISIONS:
Section 1- amends section 1 of article 14 of the constitution to allow
residents of the state from gathering fallen timber lying on the
forest floor on state-owned lands when such timber is within fifty
feet of the center line of a public highway, except lands the
commission of environmental conservation may designate by rule and
regulation where such gathering shall be prohibited.
Every person gathering fallen timber pursuant to the provisions of
this subdivision shall do so at his or her own risk without
disturbing the surrounding vegetation.

EXISTING LAW:
The State Constitution prohibits the selling, removal or
destruction of timber on forest preserve lands.

JUSTIFICATION:
The prohibition on the removal of fallen timber in the forest preserve
has been an issue of concern with some residents of the Adirondack
Park for many years. During the Ice Storm of 1998, thousands of
downed trees were left to rot while residents without power searched
for ways to heat their homes by other means such as a wood stove.
Many people wanted to use the woods they say laying by the roadside,
but were prohibited from doing so.

In light of the rising home heating costs it is even more important to
change constitution to allow for the gathering of fallen timber from
the forest preserve.

LEGISLATIVE HISTORY:
2009-10: S.272 Judiciary; A.445 Environmental Conservation
2007-08: S.1123 3rd Reading; A.10608 Environmental Conservation
2006: S.6389 3rd Reading; A.10601 Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved if the Assembly concur, that the foregoing be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 506--A
    Cal. No. 354

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 1 of article 14 of  the  constitution,
  in  relation  to  the gathering of fallen timber from the lands of the
  state forest preserve

  Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
cle 14 of the constitution be amended to read as follows:
  Section 1. A. 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  continu-
ing 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 afore-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89003-02-1

S. 506--A                           2

said taking not to exceed a total of three hundred acres of state forest
preserve land, nor from constructing and maintaining not more than twen-
ty-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 Moun-
tain  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] THEREFOR 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  therefor  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  [there-
fore] THEREFOR 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 legisla-
tive 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 build-
ings 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

S. 506--A                           3

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 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.
  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 proper-
ty to be received by the state is at least equal in value to the land to
be conveyed by the state.
  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.
  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.
  B.  PROVIDED,  HOWEVER,  THAT  NOTHING CONTAINED IN THIS ARTICLE SHALL
PROHIBIT RESIDENTS OF THE STATE FROM GATHERING FALLEN  TIMBER  LYING  ON
THE  FOREST  FLOOR ON STATE-OWNED LANDS WHEN SUCH TIMBER IS WITHIN FIFTY

S. 506--A                           4

FEET OF THE CENTER LINE OF A PUBLIC HIGHWAY, EXCEPT  LANDS  THE  COMMIS-
SIONER  OF  ENVIRONMENTAL  CONSERVATION  MAY DESIGNATE BY RULE AND REGU-
LATION WHERE SUCH GATHERING SHALL BE PROHIBITED. EVERY PERSON  GATHERING
FALLEN TIMBER PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO
AT  HIS  OR  HER  OWN  RISK AND WITHOUT DISTURBING THE SURROUNDING VEGE-
TATION.
  S 2. Resolved (if the Assembly concur), That the foregoing be referred
to the first  regular  legislative  session  convening  after  the  next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.

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