The current 2023-24 New York State Legislative Session is seeing heightened action on possible constitutional amendments to Article 14, Section 1, of the New York Constitution, the famed Forever Wild clause. At this point, three draft amendments have been introduced and one has received “First Passage.” Other amendments may also be in the works. The decade from 2007 to 2017 marked the most active and intensive period for approved constitutional amendments to Article XIV, Section 1, in the history of the Forest Preserve. That 10-year period saw five amendments approved. The most recent amendment approved was in 2017, but Article 14, Section 1, has been amended 17 times since 1938, the point that our current New York Constitution was approved.
Here is the text for Article XIV, Section 1: “The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.”
Through the last 83 years, Article 14, Section 1, has been amended roughly once every five years. At Protect the Adirondacks, we believe that amendments to Article 14 should be rare and only undertaken when absolutely necessary. Amendments are an important tool for managing a place as dynamic as the Adirondack Park with its intertwined, checkerboard landscape of public Forest Preserve and private lands that hold 100 towns and villages and 125,000 or so full-time residents. Various issues have arisen over the years that the framers of Forever Wild in 1894 could not have contemplated or where communities needed small changes to the Forest Preserve to provide essential municipal services. Article 14 amendments have been and will continue to be a regular feature of the Adirondack political landscape and tool for Adirondack Park management.
Here are the dates of the votes for last 17 Article XIV, Section 1 Constitutional Amendments. Full descriptions of amendment language follow below that have allowed various exceptions to the constitutional language above. It should be pointed out that during this time a half dozen proposed amendments also failed, either dying in the Legislature or were voted down by New York voters.
November 4, 1941: Whiteface Mountain Ski Area
November 4, 1947: Gore Mountain and Belleayre Mountain Ski Areas
November 5, 1957: Department of Transportation Highways Land Bank
November 3, 1959: Adirondack Northway
November 5, 1963: Saranac Lake Landfill
November 2, 1965: Piseco Airport Runway Expansion-1
November 6, 1979: Perkins Clearing Land Swap w/ International Paper Company (8,500 acres Forest Preserve for 8,500 acres IP lands)
November 8, 1983: Sagamore Institute Non-Profit -1 (saving Great Camp Sagamore)
November 3, 1987: Sagamore Institute Non-Profit -2 (saving Great Camp Sagamore Farm Buildings)
November 3, 1987: Whiteface, Gore, Belleayre Mountains State Ski Area Trail Mileage/Acreage Expansion
November 5, 1991: Piseco Airport Runway Expansion-2
November 7, 1995: Town of Keene Cemetery
November 6, 2007: Raquette Lake Water Supply
November 3, 2009: Route 56 Powerline to Tupper Lake
November 5, 2013: Township 40 Property Ownership Resolution
November 5, 2013: NYCO Minerals, Inc., Mining Exploration in Jay Mountain Wilderness
November 7, 2017: Local Government Health & Safety Land Account
Below in the language for each amendment from the Constitution or the ballot question.
November 4, 1941: Whiteface Mountain Ski Area
nor from constructing and maintaining not more than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than five miles of such trails shall be in excess of one hundred twenty feet wide, on the north, east and northwest slopes of Whiteface Mountain in Essex county,
November 4, 1947: State Ski Areas Gore, Belleayre
nor from constructing and maintaining not more than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than two miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Belleayre Mountain in Ulster and Delaware counties and not more than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than eight miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Gore and Pete Gay mountains in Warren county,
November 5, 1957: Department of Transportation Highways Land Bank
nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length.
November 3, 1959: Adirondack Northway
nor from constructing and maintaining to federal standards federal aid interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls, thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of South Horicon and Pottersville and thence northerly in a generally straight line on the west side of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity of Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of the hamlet of New Russia, east of the village of Elizabethtown and continuing northerly in the vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing northerly to the vicinity of the village of Keeseville and the city of Plattsburgh, all of the aforesaid taking not to exceed a total of three hundred acres of state forest preserve land,
November 5, 1963: Saranac Lake Landfill
Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake ten acres of forest preserve land adjacent to the boundaries of such village for public use in providing for refuse disposal and in exchange therefore the village of Saranac Lake shall convey to the state thirty acres of certain true forest land owned by such village on Roaring Brook in the northern half of Lot 113, Township 11, Richards Survey.
November 6, 1965: Piseco Airport Runway Expansion-1
Notwithstanding the foregoing provisions, the state may convey to the town of Arietta twenty-eight acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and in exchange therefor the town of Arietta shall convey to the state thirty acres of certain land owned by such town in the town of Arietta.
November 6, 1979: Perkins Clearing Land Swap w/ International Paper Company
Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title, the state, in order to consolidate its land holdings for better management, may convey to International Paper Company approximately eight thousand five hundred acres of forest preserve land located in townships two and three of Totten and Crossfield’s Purchase and township nine of the Moose River Tract, Hamilton county, and in exchange therefore International Paper Company shall convey to the state for incorporation into the forest preserve approximately the same number of acres of land located within such townships and such County on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands to be conveyed by the state.
November 8, 1983: Sagamore Institute Not-for-Profit-1 (saving Great Camp Sagamore)
Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title and the conditions herein set forth, the state, in order to facilitate the preservation of historic buildings listed on the national register of historic places by rejoining an historic grouping of buildings under unitary ownership and stewardship, may convey to Sagamore Institute, Inc., a not-for-profit educational organization, approximately ten acres of land and buildings thereon adjoining the real property of the Sagamore Institute, Inc. and located on Sagamore Road, near Racquette Lake Village, in the Town of Long Lake, county of Hamilton, and in exchange therefor;
November 3, 1987: Sagamore Institute Not-for-Profit-2 (saving Great Camp Sagamore)
Sagamore Institute, Inc. shall convey to the state for incorporation into the forest preserve approximately two hundred acres of wild forest land located within the Adirondack Park on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands and buildings to be conveyed by the state and that the natural and historic character of the lands and buildings conveyed by the state will be secured by appropriate covenants and restrictions and that the lands and buildings conveyed by the state will reasonably be available for public visits according to agreement between Sagamore Institute, Inc. and the state.
November 3, 1987: Whiteface, Gore, Belleayre Ski Trails Amendment
This amendment increased the number of miles of ski trails and their width that may be constructed and maintained on forest preserve land on Whiteface Mountain in Essex County, Belleayre Mountain in Ulster and Delaware Counties and Gore and Pete Gay Mountains in Warren County; (2) deleted the authorization for ski trails on the slopes of South Mountain in Warren County; and (3) distinctly affirmed that the Whiteface Mountain authorization was consistent with amendments for Belleayre, Gore and Pete Gay Mountains by including appurtenances in the authorization.
November 5, 1991: Piseco Airport Runway Expansion-2
Notwithstanding the foregoing provisions the state may convey to the town of Arietta fifty acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and providing for the maintenance of a clear zone around such runway, and in exchange therefor, the town of Arietta shall convey to the state fifty-three acres of true forest land located in lot 2 township 2 Totten and Crossfield’s Purchase in the town of Lake Pleasant.
November 7, 1995: Town of Keene Cemetery
Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to the town of Keene, Essex county, for public use as a cemetery owned by such town, approximately twelve acres of forest preserve land within such town and, in exchange therefor, the town of Keene shall convey to the state for incorporation into the forest preserve approximately one hundred forty-four acres of land, together with an easement over land owned by such town including the riverbed adjacent to the land to be conveyed to the state that will restrict further development of such land, on condition that the legislature shall determine that the property to be received by the state is at least equal in value to the land to be conveyed by the state.
November 6, 2007: Raquette Lake Water Supply
Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, because there is no viable alternative to using forest preserve lands for the siting of drinking water wells and necessary appurtenances and because such wells are necessary to meet drinking water quality standards, the state may convey to the town of Long Lake, Hamilton county, one acre of forest preserve land within such town for public use as the site of such drinking water wells and necessary appurtenances for the municipal water supply for the hamlet of Raquette Lake. In exchange therefor, the town of Long Lake shall convey to the state at least twelve acres of land located in Hamilton county for incorporation into the forest preserve that the legislature shall determine is at least equal in value to the land to be conveyed by the state. The Raquette Lake surface reservoir shall be abandoned as a drinking water supply source.
November 3, 2009: Route 56 Powerline
Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to National Grid up to six acres adjoining State Route 56 in St. Lawrence County where it passes through Forest Preserve in Township 5, Lots 1, 2, 5 and 6 that is necessary and appropriate for National Grid to construct a new 46kV power line and in exchange therefore National Grid shall convey to the state for incorporation into the forest preserve at least 10 acres of forest land owned by National Grid in St. Lawrence county, on condition that the legislature shall determine that the property to be received by the state is at least equal in value to the land conveyed by the state.
November 5, 2013: Township 40
Notwithstanding the foregoing provisions, the legislature may authorize the settlement, according to terms determined by the legislature, of title disputes in township forty, Totten and Crossfield purchase in the town of Long Lake, Hamilton county, to resolve longstanding and competing claims of title between the state and private parties in said township, provided that prior to, and as a condition of such settlement, land purchased without the use of state-appropriated funds, and suitable for incorporation in the forest preserve within the Adirondack park, shall be conveyed to the state on the condition that the legislature shall determine that the property to be conveyed to the state shall provide a net benefit to the forest preserve as compared to the township forty lands subject to such settlement.
November 5, 2013: NYCO
Notwithstanding the foregoing provisions, the state may authorize NYCO Minerals, Inc. to engage in mineral sampling operations, solely at its expense, to determine the quantity and quality of wollastonite on approximately 200 acres of forest preserve land contained in lot 8, Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, Inc. shall provide the data and information derived from such drilling to the state for appraisal purposes. Subject to legislative approval of the tracts to be exchanged prior to the actual transfer of the title, the state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in exchange therefor, NYCO Minerals, Inc. shall convey to the state for incorporation into the forest preserve not less than the same number of acres of land, on condition that the legislature shall determine that the lands to be received by the state are equal to or greater than the value of the land to be conveyed by the state and on condition that the assessed value of the land to be conveyed to the state shall total not less than one million dollars. When NYCO Minerals, Inc. terminates all mining operations on such lot 8 it shall remediate the site and convey title to such lot back to the state of New York for inclusion in the forest preserve. In the event that lot 8 is not conveyed to NYCO Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. nevertheless shall convey to the state for incorporation into the forest preserve not less than the same number of acres of land that is disturbed by any mineral sampling operations conducted on said lot 8 pursuant to this paragraph on condition that the legislature shall determine that the lands to be received by the state are equal to or greater than the value of the lands disturbed by the mineral sampling operations.
November 7, 2017: Local Government Health & Safety Land Account
Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, a total of no more than two hundred fifty acres of forest preserve land shall be used for the establishment of a health and safety land account. Where no viable alternative exists and other criteria developed by the legislature are satisfied, a town, village or county may apply, pursuant to a process determined by the legislature, to the health and safety land account for projects limited to: address bridge hazards or safety on county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained; elimination of the hazards of dangerous curves and grades on county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained; relocation and reconstruction and maintenance of county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen and annually plowed and regularly maintained, provided further that no single relocated portion of any such highway shall exceed one mile in length; and water wells and necessary appurtenances when such wells are necessary to meet drinking water quality standards and are located within five hundred thirty feet of state highways, county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained. As a condition of the creation of such health and safety land account the state shall acquire two hundred fifty acres of land for incorporation into the forest preserve, on condition that the legislature shall approve such lands to be added to the forest preserve.
