Conservation Update

Sept. 12 , 2008

Governor Signs Law to Protect State's Old-Growth Forests

Gov. David Paterson has signed into law a bill to protect old-growth forests in New York State.  


The Bruce S. Kershner Heritage Tree Preservation and Protection Act adds old-growth forests to the list of state-owned lands eligible for special protection by inclusion in the State Nature and Historical Preserve. It also offers an incentive for private landowners to place their old growth forest lands into protection plans through real property tax exemptions. The Act also recognizes the work of Bruce S. Kershner and other advocates to preserve and protect these forests, including portions of Zoar Valley in Western New York.

Kershner, an author, activist and ADK member, died in 2007. He was a leading authority on old-growth forests and discovered hundreds of stands of ancient trees throughout the Northeast.

Old growth trees are important to the health of the entire ecosystem of forests. They provide the atmosphere with an abundance of moisture and are valuable carbon sequesters. Their grandness provides moisture and shade for indigenous flora and shelter for fauna. But, as a result of long-standing farming and logging traditions, there are only a few old-growth stands left in New York. Preservation of these areas will not only protect the forest, but it will allow for the continuance of the unique plant and animal habitats that flourish within them.

 State-owned forests in the Catskill and Adirondack parks are protected under the "Forever Wild" clause of the New York Constitution, but thousands of acres of state-owned forest land in other parts of the state do not have this protection and are subject to cutting. The State Nature and Historic Preserve provision of Section 4 of Article XIV of the State Constitution provides unique and significant areas with the opportunity to flourish as natural communities, field laboratories, and even passive recreation areas for the public. Old-growth forests will make a significant contribution to these protectable areas.

The legislation defines an old-growth forest as a parcel of at least 10 acres with an abundance of late successional tree species at least 180-200 years old in a contiguous forested landscape that has evolved and reproduced naturally and is capable of self perpetuation.

The bill was sponsored by state Sen. Mary Lou Rath and Assemblyman Sam Hoyt.