For Release: Tuesday, September 11, 2007
DEC Announces Decision In Floating Camp Case
The New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis has issued a decision requiring the removal of a floating camp from Forest Preserve land on Cranberry Lake in the Town of Clifton, St. Lawrence County, and assessing a penalty of $48,500 for the violation by respondent, Walter W. French. Commissioner Grannis' order suspended $24,400 of the penalty if Mr. French promptly removes the floating camp and complies with other remedial measures described in the decision.
The decision held that the camp violated Title 5 of Article 15 of the Environmental Conservation Law and implementing regulations requiring a permit to "construct, reconstruct, modify, repair or change the use" of certain structures "on or above the navigable waters of the state." The decision also found other violations of law, including Department regulations prohibiting camping within 150 feet of a water body in the Forest Preserve.
The Commissioner's decision directed that "respondent's failure to submit an approval removal plan, to remove the structure in accordance with the removal plan as approved by Department staff, or to meet the time periods specified in this decision and order shall be deemed grounds for the Department to remove the structure and to assert any other rights of recovery against respondent for costs and expenses."
Floating camps can serve as a source of pollution, a hazard to navigation and a disturbance to natural habitat. Department staff will continue to take appropriate action to ensure the removal of other illegal camps on Forest Preserve lands. Forest Preserve lands are protected by Article XIV, Section 1 of the New York State Constitution, requiring these lands to be "forever kept as wild forest lands" and prohibiting their lease, sale or exchange. Exclusive use of Forest Preserve lands for private purposes is prohibited.
The Environmental Conservation Law provides that no building may be erected, used or maintained upon state lands except under permit from the Department. The law also provides specifications regarding the location of camps on state lands, such as prohibiting camping within 150 feet of any road, trail, spring, stream, pond or other body of water except at camping areas designated by the Department.
The Department is aware of other cases where people have illegally placed private structures, such as floating camps, on state lands in the Adirondacks. Each case is unique and therefore will be handled individually. Fines and other remedies will vary depending on the seriousness of the trespass and the trespasser's cooperation in eliminating the trespass.
For further information on the enforcement case in St. Lawrence County and to view the Walter W. French Decision and Order, visit the DEC website at http://www.dec.ny.gov/hearings/36563.html .
