July 3, 2003

The Hard Truth About the Access Permit System

Following is the text of a BBAC press release issued to the media on July 3, 2003:

Before investing in property on Great Sacandaga Lake, prospective buyers should make certain that they fully understand the permit system that provides private access across the belt of state-owned land surrounding the body of water, the Batchellerville Bridge Action Committee said today.

According to a letter (click here) mailed last December to 15 area real estate agencies by the Hudson River-Black River Regulating District, which oversees operation of the river-regulating reservoir, the District has over the years "encountered countless access permit applicants who claim to have been seriously misled as to 'beach rights' and the operating nature of the reservoir by both the former property owner and the real estate agent."

The letter, which the BBAC released today after obtaining a copy from the District by invoking the Freedom of Information Law, contains what the volunteer group calls "the best summary yet of the terms and conditions involving access permits." However, the group expressed its disappointment that the District had limited the letter's distribution to real estate agencies. "We are releasing copies to the media because present and prospective property owners at Sacandaga should have a better appreciation of how the access permit system can impact both their quality of life and their investment," BBAC spokesman Peter VanAvery said today.

The District's letter stresses that the entire shoreline of the lake is owned by the state. This buffer zone between the reservoir's high water line and private property was designed to protect the latter from flooding and erosion. Emphasizes the letter: "There is no private property which is directly on Great Sacandaga Lake. There is no private 'lakefront property' and none which has 'xxx feet of direct lakefront.'"

Another important point stressed by the letter is that "access permits are not transferable. They are issued to qualifying property owners, not to the property itself. The holder of an access permit has demonstrated that he owns property which is so located as to make him eligible to apply for a permit. When a property is sold, only the eligibility to apply for a permit is conveyed. However, it is decidedly incorrect to imply that a permit 'comes with' the property. If the new owner is deemed eligible to obtain an access permit, the permit may not be for the same segment of state land used by the prior owner, or for an area of the same size or even in the same location."

VanAvery offered what he termed a worst case scenario: "Let's suppose that Buyer X decides to invest $250,000 in a seasonal home on a 100-foot-wide lot with an existing 100-foot-wide access permit directly in front of it. There is no guarantee that the District will grant this particular access permit to Buyer X. Instead, Buyer X might be offered an access permit somewhere else on the lake, possibly involving a narrower amount of lake frontage. Meanwhile, somebody else who likes to party until the wee hours of the morning might be granted the access permit in front of Buyer X's seasonal home. You can see the potential problem and how it might impact Buyer X's quality of life and the resale value of this 'dream home on the lake.'"

In addition, VanAvery cautioned that no access permit is issued for a period longer than one year. According to the District's letter: "The District does not guarantee ... any ... property owner that the same specific permit area will be assigned to him year after year, much less to the next owner of his property."

The District's letter also notes: "There is no such thing as 'beach rights.' Some deeds to private properties may note that the deed holder and its heirs and assigns are entitled to access to the lake. This has to do with the original terms under which the land was sold in the 1920s to the state. However, neither the holders of such deeds or any other local property owner has an inherent right to use any specific segment of state land for lake access."

The access permit system is administered by the District's five-member Board of Directors, appointed by the Governor. In a separate Freedom of Information Law request, the BBAC asked the District for a copy of the guidelines the board follows in granting, rejecting, or changing an access permit. "To our surprise, considering the potentially devastating impact of its decisions, such guidelines do not appear to exist," VanAvery said.

The District responded to the request by mailing the BBAC a "Rules and Regulations" booklet that simply states: "Applications for permit and renewal thereof shall be submitted to the board for such action and determination thereon as in the judgment and discretion of the board may be deemed just and proper. No permit shall be granted, issued or renewed without the authority of the board."