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Why Worry?

 

Why worry? Aren't our Wilderness Areas protected from development under the Wilderness Act of 1964 once approved and designated by Congress?

Many wilderness areas had private lands within their boundaries at the time of designation—often due to mining, homesteading and railroad grants. As long as these inholdings exist, there remains a real risk of development or use incompatible with wilderness preservation and protection. Federal law guarantees that inholding owners shall have reasonable access to their private lands over the adjoining federal lands. Development of inholdings is regulated (if at all) by local government zoning and planning laws, and not by the federal government.

What are the adverse impacts caused by the development of wilderness inholdings?

  • Fragmentation of pristine ecosystems and environmental damage such as air and water pollution, soil erosion, loss of solitude and disruption of wildlife.
  • Nonconforming uses such as aircraft landings and motor vehicle intrusions.
  • Degradation of the wilderness experience of visitors due to physical structures and human activities.
  • Conflicts between land owners and visitors, and public outcry associated with proposed development.
  • Complex land ownership patterns make managing wilderness more expensive and time consuming for land agency officials, particularly when there is controversy.

White Paper

Inholdings Within Wilderness : Legal Foundations, Problems, Solutions
by Randy Tanner

There are many situations where inholdings have been developed in ways that seriously degrade wilderness values and the experience of wilderness. We believe that the only fair and legal way to prevent incompatible development is to purchase these lands and transfer them to public ownership. In numerous cases, the Trust has been able help avoid controversies around inholdings before they have developed. For example:

Trinity Alps Wilderness, California. In the early part of the 20th century, several mines were developed in what is today the Trinity Alps Wilderness Area in Northern California, near Redding. The Grand National Mine produced significant amounts of gold-bearing ore. The mine closed in the 1930s, and the property now contains several million board feet of valuable old growth cedar. The owner could have re-opened an old mining road and logged the property, but chose instead to sell this 240 acre parcel to the Trust in 1997. Logging would have seriously disrupted the ecosystem and dramatically affected the integrity of this portion of the Wilderness Area. As of November 2004, the Trust has preserved an additional 1,360 acres in the Trinity Alps, all of which was threatened by logging.



Wild Sky Proposed Wilderness, Washington. In 2004 the Trust acquired a 200 acre property, called the Troublesome Lode. This key parcel, which was purchased with the help of an acquisition fund from the Catto Foundation, contains rugged peaks, salmon streams and old growth forest. Last year The Wilderness Land Trust was approached by the Wild Washington Campaign to help with inholdings in this proposed area. The Trust’s purchase has helped to bring land ownership patterns into alignment with designation and will protect the area from the threats associated with inholdings should it be designated as wilderness by Congress. The Trust’s work has also had a similar positive effect in several other proposed areas in California.

Maroon Bells-Snowmass Wilderness, Colorado. This area is one of the premiere hiking destinations in the United States, and the East Creek Drainage on the western side is one of the most popular access points. This trailhead, however, was erroneously built on private property and could not have easily been accessed from another location. The problem became apparent when a “for sale” sign was erected on the property. A fence or home would have been devastating to wilderness visitors. The Trust was able to move in quickly to buy the property and transfer it to the wilderness before the inevitable public outcry developed. In total, the Trust has preserved 942 acres in 25 parcels in this Wilderness Area, much of which could have been developed as recreational home sites and cabins that would have had a significant impact on the experience of visitors.

There are many other examples where the Trust’s work has simplified land ownership patterns; avoided political, time-consuming and expensive controversies; and helped preserve wilderness as it was intended to be, a permanent refuge from human development. For more, see Wilderness Protected page.