Capitol Watch > 2008 Bill Ratings

OPPOSES
Memo 27

ADIRONDACK DEAD TIMBER

S.1123 (Little, et al.)

A.1325 (Aubertine, et al.)

Summary

This concurrent resolution of the Senate and Assembly amends Section 1 of Article XIV of the State Constitution and would authorize the gathering of dead timber from the floor of the state forest preserve when such timber is located on the side of a public highway.

Explanation                                                                                                   The mandate of Article XIV of the New York State Constitution, that the forest preserve shall be kept forever wild, and that timber thereon shall not be sold, removed or destroyed, is unambiguous and leaves no room for interpretation.  The framers of Article XIV clearly intended to stave off the activities the concurrent resolution would authorize.

Moreover, this resolution is overly broad, unclear and unenforceable. It does not define the terms “dead timber” and “on the side of a public highway.”  These terms could have greatly disparate meanings.  Also, despite the resolution’s provisions to the contrary, it is virtually impossible for anyone to remove fallen timber without damaging existing vegetation. 

The removal of dead timber from the forest preserve could threaten the ecological integrity of the area.  The natural processes associated with the decay of fallen timber are a vital part of the forest preserve ecosystem.  Dead timber provides habitat for many forest creatures and as time passes becomes organic matter that adds to the health of forest soils.

Environmental Advocates of New York opposes this bill.