Judge axes watershed rec rules

A state Supreme Court justice in Greene County has thrown out rules for recreational use of watershed lands that the New York City Department of Environmental Protection enacted last year.

The town of Hunter had filed a lawsuit against the city agency over the rules, claiming they were adopted without proper procedure and that the rules themselves hurt the local economy by limiting access to thousands of acres of city-owned watershed land.

The town argued that the rules, adopted in August 2006, violated the 1997 Memorandum of Agreement between the city and communities in its upstate watershed because the agreement allows for public access to the watershed.

Hunter also argued that the new rules were illegal because state law required state Health Department approval before the city agency could enact them. The Department of Environmental Protection did not seek such approval.

Last year, Hunter Supervisor Dennis Lucas complained that the rules were thrust upon the community, which he said was not asked to participate in their development. Lucas viewed that as a violation of the "partnership" between the city agency and the watershed communities.
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