Frequently Asked Questions
Why doesn't the SPC propose giving the land back to the permit holders and then allow those landowners to pay taxes on that land......get rid of the whole permit system?
We have considered this proposed solution, and there are many issues to consider. If it were just as easy as the state giving the people who surround the lake the land to allow more local control of the flood plain or buffer zone we would have made that solution our first priority. There are several key reasons why this is not a practical solution and why we are working on incremental steps to protect our rights.
The state is not going to give away the land, nor are they going to sell the land to individual permit holders; it would require a group to purchase on behalf of all permit holders. To give away or sell land inside the Adirondack Park would require a New York State constitutional amendment. A constitutional amendment requires 2 successive legislative sessions approving the amendment and a positive statewide vote. Another requirement is a land swap, which historically has been 3 to 12 times more land within the park being given to NYS in exchange for the land acquired. We are talking about approximately 3,300 acres of land that surrounds the lake; we would have to have land under contract to purchase before the process begins. The total purchase price could be well in excess of $3,000,000 for undeveloped land within the park to exchange for the land around the lake.
The statewide election would be an expensive and difficult project. It would require an extensive advertising and educational campaign explaining what and why we want to do this. We would expect major opposition from very well-funded environmental groups, and a positive vote in a statewide election is far from certain. We would need several million dollars for the advertising campaign, plus legal and lobbying fees. The consequences for a failed statewide vote would be catastrophic.
Assuming we were successful with all of the above, there are more issues. We do not think everyone that has a permit will purchase their “permitted land” and then agree to pay taxes on it. Not all permit areas are the same depth, raising valuation and property tax issues. Would people with a 50’ wide x 700’ deep permit pay the same as a 50’ wide x 30’ deep permit? And who will pay the taxes and liability insurance on the land that permittees don’t buy? These issues would require ongoing fund raising and management issues. And this is just the beginning of a long list of issues we would need to work out.
We would need professionals to manage this entire project; it’s just not a reasonable expectation that volunteers could complete a project of this magnitude.
We are pleased we have been successful so far in returning to the status quo that existed before the HRBRRD and DEC began the rule making process, and are committed to working towards a legislative solution that provides long term stability and peace of mind to the entire community.
My HRBRRD sign does not have the words “exclusive use” on it. How do I go about getting my permit sign replaced?
The HRBRRD has advised that any permit holder that would like their sign replaced should contact the HRBRRD and formally request replacement.
This sounds like it’s an issue that only impacts permit holders. I don’t have a place on the lake, why should I care?
The lake is the economic engine that drives our local tourism. The SPC does much more than “protect the permit system”. The HRBRRD is one of the largest property tax payers in Fulton County. The SPC has been involved in numerous lobbying efforts to protect our school district’s tax payments from the district. We have worked with the HRBRRD, legislators and the Governor’s office on apportionment studies, and supported the transition from the funding burden from the 5 downstream counties to the NYS budget. The Fulton County Chamber of Commerce fully endorses our efforts. They understand the impact not only on property taxes, but on businesses, as well, which could experience a significant downturn as a result of these proposals.
How much will the attorney fees cost?
There is no way of knowing. The issues at hand are State and Federal, and involve FERC, APA, DEC laws and regulations, as well as Constitutional law. The going rate for legal work in this specialized field is over $300/hour. By doing this as a group, we can get much more bang for the buck. There will be a large number of lawyers and clerks working on this project so the initial research alone will be significant. We won’t have many chances to get this right, so we had better make the investment now.
Isn’t this all about the permit fees?
The permit fees may be the least of our worries. The whole permit process, and in particular, the exclusive use of the permit area, is in jeopardy. In addition, if the DEC has their way, anyone would conceivably have access to the shoreline right up to our property lines. For many, that means right up to the houses! Also consider the fact that the DEC had proposed no mowing, no vehicles, no fireplaces, no picnic tables, etc.
How many times will we be asked to cough up money for legal fees? Every year?!
We are committed to keeping our attorneys and lobbyist on board to protect our rights and our local communities. We will need to continually raise funds to cover these expenses.
How much of our donations go to board members’ and officers’ salaries?
The SPC board and their officers are unpaid volunteers. All money raised is used for legal, administrative, or fund raising.
How will we be informed of the progress being made?
Articles will be written for the Edinburg Newsletter, and any other papers that show interest. We will post updates on our web site. We already have an archive of news articles there. All local news publications and television outlets are sent information. We will use e-mail for updates and critical news.