Clarkstown Joins Call for Change in State Policy for Cutting Trees Near Power Lines

Clarkstown Town Supervisor Alex Gromack and the Town Board are asking the New York State Public Service Commission to overturn an order that mandates area utilities cut down trees arbitrarily in Clarkstown neighborhoods. 

Their comments come just days after a similiar call by Rockland County Legislature Chairwoman Harriet Cornell, D-West Nyack.

Under the PSC rules, any "undesirable vegetation," including trees, may be razed so as to clear electrical transmission lines. 

There are approximately 22 miles of Orange and Rockland Utilities transmission lines, comprising approximately 270 acres and traversing over 560 parcels of land, including individual homes, residential subdivisions and town parkland in Clarkstown.  In 2007, the Town was informed by O&R that a PSC order mandates that any "undesirable vegetation" in a utility's right of way that in "any way encroaches into a transmission line ROW shall be completely removed by each of the utilities "to the floor or ground-level of the ROW."

Prior to 2007, O&R had discretion terms of right of way management, and the utility routinely worked collaboratively with property owners on tree trimming and removal, Clarkstown Supervisor Alex Gromack said.

"The policy in place prior to 2007 worked well, in that we received few, if any, constituent complaints regarding utility ROW management," said Gromack.  "The public response to the new policy, however, was nothing short of outrage.  Entire neighborhoods, as well as two town parks, were negatively impacted." 

Gromack said the impact of the PSC order can be seen at Germonds Park in Bardonia, where power transmission lines pass through a heavily wooded area.

While most residents understood that their property was encumbered by utility easements that provided for access and trimming, Gromack said, they were astonished that the PSC's policy not only allowed but mandated the clear cutting of enormous swaths of land. 

Many, including Town Board members, questioned whether the PSC had conducted a sufficient environmental review of its action, Gromack said, noting the town did not receive any notification or opportunity to comment prior to the issuance of the Order.

The PSC prepared a Short Form Environmental Assessment Form, and concluded that the action would have no significant environmental impacts.  However, state law provides that projects or actions which involve the physical alteration of 10 acres are Type I actions under the State Environmental Quality Review Act ("SEQRA"). 

Type I actions carry the presumption that the action is likely to have an adverse environmental impact and generally require the preparation of an Environmental Impact Statement.  Clearly, Gromack said, the PSC order involves the physical alteration of more than 10 acres and is precisely the type of action for which an Environmental Impact Statement should have been prepared.

Recently, the PSC sent a notice of invitation asking for public comments on nine environmental impacts after the order was issued many months ago. Cornell said this notice is a signal that the PSC has heard complaints about its order and may reconsider its action.

"Asking ratepayers, property owners and municipalities to comment on these very important issues after the order has been issued, and outside of the SEQRA review process, is improper," said Gromack.  "In fact, the identification of these potential environmental impacts five years after the order was issued only underscores the inadequacy of the original SEQRA review."

The Town Board sent a letter to the PSC requesting that its order on tree removal be repealed and that a full environmental impact statement be prepared in connection with the action.  In addition, the town requests that each community though which transmission lines pass, property owners whose property is encumbered by utility easements, and O&R ratepayers be included in the process as interested parties.