A group of local counties and towns that sued the Adirondack Park Agency over shoreline regulations have lost their lawsuit, but claimed a partial victory in the case as well. Both sides said Wednesday they were mulling appeals of the ruling.
Warren, Washington, Essex and Hamilton counties, as well as the towns of Chester and Newcomb, were among the nine counties that pursued the lawsuit, which argued that the APA was overstepping its bounds in enforcing a regulation that pertained to construction on waterfront property.
The regulation requires owners of lakefront homes to get an APA variance for most work on homes within lake shoreline setbacks even if the work was relatively minor and not being done on the lakeside portion of the structure. Additions of up to 250 feet in which work is not done to the lakefront side of the home are still exempt from the rule.
Previously, homes built before 1973 were "grandfathered" from needing an APA variance, provided they built away from the water instead of toward it.
The municipalities sued over the issue earlier this year, after the new APA rule went into effect Jan. 1.
State Supreme Court Justice Robert Muller ruled that the APA was within its rights when it "reconsidered" and made more strict the 1973 regulation.
"The court finds that none of the grounds alleged by petitioners invalidate the amendment," Muller wrote.
APA spokesman Keith McKeever said the agency was "very satisfied" with the ruling as it pertained to waterfront development and a legal challenge to an APA rule that requires a 200-foot buffer around wetlands during development.
"The court affirmed both the process and the substance of the APA's revised regulation," McKeever said. "Justice Muller also determined that the APA clearly acted in accordance with the rulemaking requirements of the State Administrative Procedures Act."
Chester Supervisor Fred Monroe, chairman of the Adirondack Local Government Review Board, said the plaintiffs could appeal the ruling, but no decision has been made about whether an appeal will be pursued.
He said the most important portion of the lawsuit pertained to lakeside property owners' ability to expand their homes. Monroe said the APA should have done more to consult with the Local Government Review Board to get local officials' thoughts on the rule change.
Muller found in the plaintiffs' favor on a second argument over whether roads on waterfront property naturally "subdivided" property for the purposes of development.
The ruling essentially allows owners whose property is bisected by roads to treat the land as separate lots on each side of the road. Monroe said that Muller's finding in this regard will allow property owners to sell or develop their land without getting APA approval for a subdivision.
In his ruling, Muller also overturned a newly enacted APA definition of a "hunting and fishing cabin." The agency had set rules that required structures classified as hunting and fishing cabin to not have permanent foundations and not be connected to utilities.
McKeever said the APA is considering an appeal of that portion of the ruling.
Posted in Local on Wednesday, November 25, 2009 3:40 pm
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