Court Upholds Apa Authority To Protect Wetlands

Attorney General Spitzer today announced that a state appellate court has issued an important decision that upholds the enforcement authority of the Adirondack Park Agency and protects a wetland in the Adirondack Park from degradation.

"Wetlands are invaluable natural resources that are vanishing at an alarming rate," said Attorney General Spitzer. "In the Adirondacks, they provide habitat for much of the wildlife that makes the park so special. This case not only provides protection for this particular Adirondack wetland, but it also confirms the authority of the Adirondack Park Agency to investigate violations of law and enforce the Adirondack Park Agency Act."

The defendants in the enforcement action constructed a 600-foot long private driveway on fill placed in a wetland near the shoreline of Fourth Lake in the Town of Webb in Herkimer County. Although the Adirondack Park Agency Act requires landowners to apply for construction permits in a wetland before undertaking the construction, the landowners failed to do so. They also refused to comply with the Adirondack Park Agency determination that the fill had to be removed from the wetland.

State law recognizes the value of wetlands as essential for maintaining water quality, providing critical wildlife habitat, preventing flooding and providing aesthetic enjoyment.

The appellate court reversed a lower court decision against the Adirondack Park Agency. The case will now been returned to Herkimer County State Supreme Court to direct the property owners to remove the fill from the wetland. The court will also determine whether to assess a civil penalty against the landowners.

The decision was issued on December 31, 2003 by a five-judge panel of the Appellate Division, Fourth Department.

The case was handled by Associate Attorney Lawrence Rappoport in the Attorney General's Office.