Give the public a voice in Highland zoning

By CAROL ROIG

At a town forum on September 7, our Highland town board, planning board and zoning board of appeals will discuss amending the town code in reference to natural gas drilling. As described on August 10, they will explore whether the town’s current code provides adequate protection, and whether there might be large tracts of land on the outskirts of town where gas drilling might be permitted. The public is invited to attend, although they may not be allowed to participate.

We think it will benefit all concerned if the public is permitted to join in the discussion on September 7, and I respectfully request that the members of the three boards give consideration to this suggestion.

A number of residents have come together as Highland Concerned Citizens. We are just that: citizens concerned about the adverse environmental, health, economic and community impacts of hydo-fracking. We hope to promote a respectful discussion of the issues, and when we learned of the town’s intention to explore possible amendments to the town code, we felt the need to urge caution. We composed a petition supporting efforts to strengthen protections where possible, and asking our town officials to take no action that would weaken protections or designate areas where drilling might be considered as approved. Judging by the response, many of our fellow citizens agree. Those on the various town boards who share these concerns should be heartened by the level of support.

One issue is timing. We already have effective, comprehensive language in Section 190-11 “Prohibited uses,” and we may soon have more authority to regulate gas drilling. Over the past two years, municipal leaders have been under the impression that New York State—generally a “home rule” state—specifically exempts (with two narrow exceptions) the oil and gas industry from local laws, including zoning ordinances, that would otherwise be applicable. But some legal experts believe that the state law and case law is less clear on this issue, and more than one bill has been introduced in the NYS Legislature that would clarify that local laws that apply to all industry generally, such as local zoning ordinances, can indeed be enacted or enforced with respect to gas extraction activities. We may soon learn that our towns have more rights than we thought.

Of greater concern is the notion of pre-approving drilling in some parts of town, even as a trade-off for stricter restrictions in hamlet centers. We think this would be misguided, especially with EPA poised to make the first study of the impacts of hydro-fracking on water and human health. We just don’t know yet whether drilling should be allowed in any part of Highland.

All of this should be discussed openly now. Don’t wait until valuable time has been spent formulating possible changes. This is why we urge the various boards to hear public comment at the beginning and throughout the process. Highland Concerned Citizens seeks to expand and democratize the discussion, not to pre-empt it.

We hope Highland residents will attend the workshop meeting on September 7 and share their views with the town board, by public comment, if allowed, or by letter. The town code can be viewed online at townofhighlandny.com.

Can we come together to protect ourselves, our families, our property, our land and water and our quality of life? Fortify yourselves with sound research and a neighborly spirit. It will be a lively, possibly contentious conversation, but we’re hoping we can summon some collective grace, especially with so much at stake.

(Carol Roig is writing on behalf of HighlandConcernedCitizens ( highlandconcernedcitizens.com )).