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3.8.1

3.8.1.1

Resource Use Patterns 

Hunting, Fishing, Gathering 

This section summarizes the traditional subsistence segment of Iroquoian northeast 

woodland culture with respect to hunting and fishing for food, and the gathering of flora 

and floral components (i.e. roots and bark) for wild vegetable foods, herbal medicines, and 

other uses (i.e. houses, rituals, tools, canoes etc.). These traditional practices are 

compared to current NYSDEC regulations for hunting, fishing, and trapping. This section 

also compares the list of currently protected native plants relative to those traditionally 

gathered. 

Iroquoian Northeast Woodlands Culture 

The northeast woodlands, in terms of comparing it to modern boundaries, includes what 

is now New England, the Atlantic States as far south as Virginia, the Ohio Valley, the five 

Great Lakes, and the Canadian territory about 100 miles north of Lakes Erie and Ontario. 

The northern region, which is Lake Superior to northern New England and Maritime 

Canada, contains forests of deciduous and coniferous trees such as spruce, pine, birch, 

beech, oak, maples, hickory, elm, basswood, and ash. It was from these trees that the 

Indians made an enormous variety of cultural and survival equipment that included 

housing, containers, canoes, bows and arrows, and ritual and subsistence equipment. 

Some of these trees also produce edible nuts, fruits, and sap that were utilized by the 

Indians (Smith 2000). 

The forests also provided habitat for game species such as bear, wolf, fox, moose, deer, 

and smaller game species and birds that were hunted and trapped by the Indians. The 

Indians caught several different species of fish from the lakes and streams, while shellfish 

were regularly harvested along the ocean shores. Numerous wild foods including rice, 

berries, onions, and water lily roots were harvested. In addition to these subsistence 

practices, the Indians also practiced horticulture and cultivated maize (corn), several types 

of beans and squash, and in some areas, tobacco (Smith, 2000). 

Three basic subsistence archetypes existed among the northeast woodlands culture, the 

Indians were categorized as either hunting-gathering, mixed hunting/horticultural or 

exclusively horticultural. Most Indians shared maize cultivation; however, maize did not 

make up more than 50 percent of their diet and the balance came from game, fish, and 

wild plants that were present in more than sufficient numbers to supplement the cultivated 

component (Smith, 2000). 

There are many variations in landform, drainage, climate, vegetation, and availability of 

natural resources in the northeast woodlands. All of these factors contributed to 

differences in the cultures of the various Indian societies that inhabited the northeast 

woodlands. Prior to sustained European colonization, there existed several sub-cultural 
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3.8.1.2

regions each reflective of a somewhat specialized ecological adaptation. The eastern Great 

Lakes of Ontario and Erie, upstate New York, and the central St. Lawrence Valley were 

considered to be a sub-cultural region and home to a number of Iroquoian speaking 

nations. There are nine Iroquoian speaking nations, one of which is the Oneida Nation. 

To further categorize these nine nations, the northern Iroquois classification is given to 

those Iroquois-speaking nations whom the English and French encountered in what is now 

northern New York State. 

In the sub-cultural region, the northern Iroquois that includes the Seneca, Cayuga, 

Onondaga, Oneida, Mohawk, and later the Tuscarora engaged in maize horticulture as 

well as hunting, trapping, fishing, and harvesting wild vegetables. These people were 

primarily dependant on horticulture and lived in quasi-permanent, often palisaded villages 

located near their growing fields. In the springtime, they cleared the fields and planted 

while summer was devoted to tending the crops until late summer and early fall when they 

were harvested. Springtime was also considered to be fishing season. Fall marked the 

start of organizing annual communal deer hunts that lasted until about midwinter. Parties 

of men, sometimes accompanied by women, left the villages and set up temporary camps 

at various locations in hunting territories. People lived in multi-family dwellings known as 

longhouses that were constructed of curved sapling framework and covered with thick 

pieces of bark; the gathering of vegetation and woody material from the forests was 

primarily carried out by the women and children. Since the Iroquois practiced slash and 

burn/shifting cultivation, when the soils of the fields near their village were exhausted they 

moved their village to areas where the soils had been replenished generally every 10 to 15 

years. 

The northern Iroquois gathered flora and floral components to create herbal cures, but it 

was common practice to leave some of the plant behind for others as well as to continue 

propagation. When native herbalists gathered herbs, they would give thanks to the 

Creator and to the plant itself. Each healer had his or her own source of and unique set of 

uses for the herbs. Families living in one area might use an identical herb differently in 

comparison to another family living in a different area. However despite these variations, 

some common applications for readily available herbs emerged. Species identified by 

common name that were utilized for herbal cures include dandelion, golden-thread, 

common mullein, peppermint, plantain, raspberry leaves, red sumac, and white cedar (The 

Nation, 2006). 

Regulations on Hunting, Trapping, and Fishing and Protected Native Plants 

New York State encompasses millions of acres of terrestrial and aquatic habitat of 

hundreds of flora and fauna species. Opportunities for outdoor recreation such as 

hunting, trapping, and fishing are available on both public (i.e. New York State owned) 

and privately owned lands. Approximately two-thirds of the hunting in New York State 

occurs on private lands with more than 90 percent of all hunters engaging in this activity 
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on these private lands (NYSDEC, 2006a). The NYSDEC definition of to hunt is to 

“pursue, shoot, kill or capture (other than trap) wildlife....” while the definition of to trap 

is to “take, kill or capture wildlife with traps, deadfalls and other devices commonly used 

to take wildlife, including the shooting or killing of lawfully trapped animals” (NYSDEC, 

2005-2006). Hunting is regulated under 6 NYCRR, Chapter I, Subchapter A, Parts 1-4 

while trapping is regulated under 6 NYCRR, Chapter I, Subchapter B, Parts 5 and 6. 

Fishing occurs on more than 7,500 lakes and ponds, 50,000 miles of rivers and streams, 

and hundreds of miles of coastline in New York State (NYSDEC, 2006b). The NYSDEC 

definition of fishing is “the taking, killing, netting, capturing or withdrawal of fish by any 

means” (NYSDEC, 2004-2006). Fishing occurs both as a recreational activity as well as 

commercially in inland and coastal waters of New York State. Recreational fishing is 

regulated under 6 NYCRR, Chapter I, Subchapter’s C and D and commercial inland 

fisheries are regulated under 6 NYCRR, Chapter I, Subchapter E. 

Under 6 NYCRR, Chapter II, Part 193, the NYSDEC maintains an extensive list of 

protected native plant species that are categorized as endangered, threatened, rare or 

exploitably vulnerable. The NYNHP prepared a rare plant status list in June 2005 that 

classifies plants into these four designations as well as the designation of unprotected. 

Although the NYNHP rare plant status list is not synonymous with the NYSDEC 

protected native plant species list, almost all of the rare plants that appear on the NYNHP 

list are also listed by the NYSDEC on its protected native plant species list. The main 

difference between these two lists is that the NYNHP list contains all plants that are rare 

and there are more plants on this list than on the NYSDEC list. The definitions of 

endangered, threatened, rare, exploitably vulnerable, and unprotected, and their relevance 

in terms of afforded legal protection by New York State are discussed in Section 3.5.3 

Vegetation. 

NYSDEC Hunting, Trapping and Fishing Regulations and Protected Native 

Plants on County Lands 

Individual permits are required by the NYSDEC to hunt and trap wildlife in New York 

State. Developed as an aid to hunters and trappers, the NYSDEC has developed guidelines 

that identify the different types of hunting and trapping activities and the wildlife species 

that can be captured by these activities; these categories of hunting and trapping activities 

include Small Game and Furbearer Hunting, Turkey Hunting, Migratory Game Bird 

Hunting, Furbearer Hunting, Furbearer Trapping and Big Game Hunting. Within these 

categories, specific rules and regulations were created by the NYSDEC that include the 

method, season, and number of animals that can be captured as well as the identification 

of illegal methods for hunting or trapping wildlife. Table 3.8-1 identifies the type of 

wildlife that can be legally hunted and/or trapped in Oneida and Madison Counties and 

the type of hunting and/or trapping activity that can be utilized to capture this wildlife. 
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Table 3.8-1 

NYSDEC Hunting/Trapping Categories and Associated Faunal Species for Oneida 

and Madison Counties 

NYSDEC Fauna 

Groupings 

Small Game 

and Furbearer 

Hunting 

Turkey 

Hunting 

Migratory Game 

Bird Hunting 

Furbearer 

Hunting 

Furbearer 

Trapping 

Big Game 

Hunting 

Hare X 

Black, Gray, and 

Fox Squirrel X 

Cottontail Rabbit 

X 

Ruffed Grouse 

X 

Pheasant X 

Turkey X 

Canada Goose 

X 

Woodcock X 

Snipe, Rail, and 

Gallinules X 

Crows X 

Coyote X X 

Raccoon, Red 

Fox, Gray Fox, 

Opossum, and 

Weasel 

X X 

Deer X 

Black Bear1 X 

Skunk X 

Fisher and Pine 

Marten2 X 

River Otter2 X 

Beaver X 

Mink and 

Muskrat X 

Note: 1Black bear can only be hunted in the northeastern part of Oneida County and not in Madison County. 

2

Fisher, pine marten, and river otter can only be trapped in selected areas representing approximately 75 

percent of Oneida County and not in Madison County. 

Source: 

The only two wildlife species that cannot be legally hunted or trapped in either Oneida or 

Madison Counties but can be legally hunted or trapped in other parts of New York State 

are the bobcat and the bobwhite quail. Hunters/trappers are required to report all wildlife 

killed to the NYSDEC, which is accomplished by filling out reports and carcass tags. 

Special NYSDEC deer regulations for CWD that are applicable to only Madison and 

Oneida Counties require additional regulatory control pertaining to the exportation of 

certain animal parts from the CWD containment area and the disposal of carcasses and 

parts as identified in 6 NYCRR Part 189. To summarize these regulations, the NYSDEC 

has identified that “the brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or 

retropharyngeal lymph nodes, or any portion of such parts, of wild, captive, or captivebred animals of the Genus Cervus or the Genus Odocoileus cannot be removed from the 

CWD containment area and must be disposed of in a landfill authorized pursuant to 6 

NYCRR Part 360.” 
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A license is required by the NYSDEC in order to fish for recreational purposes at the 

inland water bodies located in Oneida and Madison Counties. For licensed recreational 

fishermen, the NYSDEC regulations identify the fish species that can be legally caught as 

well as the seasonal, size, and daily limit requirements for these species. There are general 

statewide angling and special fishing regulations that must be complied with when fishing 

in both Oneida and Madison Counties; these regulations pertain to the following fish 

species: trout, salmon, bass, muskellunge, northern pike, pickerel, walleye, yellow perch, 

sunfish, American eel, and lake sturgeon. All of these fish species can be legally caught 

and kept with the exception of lake sturgeon. Special NYSDEC fishing regulations for 

Oneida and Madison Counties, which are exceptions to the general statewide angling 

regulations, exist for trout, black bass, and walleye in specified water bodies. In addition 

to regulating these listed fish species in Madison and Oneida Counties, an individual with 

a fishing license can also take frogs and collect the following baitfish for personal use: 

minnows, mud minnows, darters, sticklebacks, stonecats, and suckers. In accordance with 

the NYSDEC regulations, unused bait as well as fish carcasses or by-products cannot be 

released or disposed of in any body of water. 

Madison and Oneida Counties regulate the taking of bait fish with nets and the use of fish 

traps for commercial purposes. Regulated commercial fishing in New York State is 

allowed to occur only in Lake Erie, Lake Ontario, and the Hudson River. Since these 

three water bodies do not fall within the boundaries of Madison and Oneida Counties, 

regulated commercial fishing does not occur in the Study Area. 

The only wild species of exploitably vulnerable fauna afforded specific protection by the 

NYSDEC for collection, conservation, and sale is ginseng (Panax quinquefolius). These 

protection regulations are found in 6 NYCRR, Chapter II, Parts 193.5 through 193.8. 

Restrictions on the season of collection, maturity of plant, calendar selling period, and 

certification for export sale outside of New York State for wild ginseng are contained 

within these regulations. 

Hunting, Trapping, Fishing, and Gathering on Nation Lands 

Although numerous big and small game species, furbearer species, and birds can be legally 

trapped and/or hunted in New York State on Group 2 and 3 lands, the Nation has 

designated parcels on only select Group 2 and 3 lands for hunting. Group 2 lands have 

approximately 2,235 acres designated as sites for hunting while Group 3 lands have 

approximately 1,993 acres under this designation for a total of 4,228 acres. This total 

acreage is slightly less than the acreage identified in Section 3.7.11 Community 

Infrastructure because designated hunting and fishing sites do not encompass the entirety 

of all Nation lands designated for hunting. In addition to the hunting designation, the 

Nation has designated a 21-acre parcel (Parcel 286) in Group 2 lands for the forestation of 

black ash. 
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Historically, the species of big game that have been hunted by the Iroquois include bear, 

wolf, fox, moose, and deer. Of these five species, only fox and deer can be legally trapped 

and hunted, respectively, in New York State. For the other three species, wolf is listed as 

extirpated by the NYSDEC and endangered by the USFWS, moose is a big game species 

that cannot be legally hunted anywhere in New York State, and bear can only be hunted 

in the northeastern part of Oneida County whose boundary is northeast of and beyond the 

limits all Nation lands. Two of the five species (bear and wolf) represent one of the three 

Nation inherited matrilineal clan representations. 

The only fish species afforded New York State protection is the lake sturgeon whose 

habitat is in Oneida Lake, which is located adjacent to Group 2 lands and is not 

designated as a fishing site by the Nation. The lake sturgeon is listed by the NYSDEC as a 

threatened species and is not federally-protected. The Nation designated Group 2 lands 

that are traversed by Cowaselon Creek and Group 2 and 3 lands crossed by Oneida Creek 

as fishing sites. 

The Nation uses several local plants for herbal cures. These plants are identified in Table 

3.8-2 by common name, not by scientific name. The family and possible genera of plants 

that could potentially be known by these common names as obtained through a literature 

review are identified in Table 3.8-2. The purpose of this review was to determine if any 

species of plants that are currently listed by the NYNHP or the NYSDEC as endangered, 

threatened, rare or exploitably vulnerable could potentially be historically collected as part 

of the Iroquoian northeastern woodlands culture for herbal cures. A total of three plant 

species in the Family Labiatae (mint family) were identified as having this distinction, 

which include the yellow giant-hyssop (Agastache nepetoides), American dragonhead 

(Dracocephalum parviflorum) and gypsy-wort (Lycopus rubellus). The yellow gianthyssop is listed as threatened in Oneida County, the American dragonhead is listed as 

endangered in Oneida County, and the gypsy-wort is listed as endangered in Madison 

County. It should be noted that the Nation specifically identified peppermint and not mint 

as an herb. However, since a breakdown of common named plants identified as 

peppermint could not be easily deciphered, a total of 38 genera had to be reviewed under 

the more conservative category of mint family. 

The Nation creates cultural and survival tools from the parts of several tree species. The 

same type of review was done of these tree species as was done for the plant species 

discussed above in regards to the listing by the NYNHP or the NYSDEC and utilization by 

the Nation. A total of three tree species were identified as being listed as either threatened 

or rare. Specifically, cork elm (Ulmus americana) is listed as threatened in Oneida and 

Madison Counties, big shell bark hickory (Carya laciniosa) is listed as threatened in 

Oneida County, and Jack pine (Pinus banksiana) is listed as rare in Oneida County. 
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Table 3.8-2 

Breakdown of Common Name, Family, and Genera of Herbal and Tree Species 

Common Name Family(s) Genera Included 

Protected Genus 

and Species in 

Oneida and/or 

Madison Counties 

New York State Status 

and County(s) of 

Occurrence 

Dandelion Cichoriaceae (Chicory) 

Agoseris, Apargia, Cymbia, 

Cynthia, Krigia, Leontodon, 

Lygodesmia, and Taraxacum 

None N/A 

Golden-thread Ranunculaceae 

(Crowfoot) Coptis None N/A 

Mullein 

Scrophulariaceae 

(Figwort) 

Labiatae 

(Mint) 

Caryophyllaceae (Pink) 

Figwort

Verbascum 

Mint

Phlomis 

Pink

Lychnis 

None N/A 

Peppermint Labiatae 

(Mint) 

Agastache 

Ajuga 

Ballota 

Betonica 

Blephilia 

Clinopodium 

Collinsonia 

Cunila 

Dracocephalum 

Elsholtzia 

Galeopsis 

Glecoma 

Hedeoma 

Hyssopus 

Isanthus 

Koellia 

Lamium 

Leonurus 

Lycopus 

Marrubium 

Meehania 

Melissa 

Mentha 

Moldavica 

Monarda 

Nepeta 

Origanum 

Perilla 

Prunella 

Salvia 

Satureia 

Scutellaria 

Sideritis 

Stachys 

Synandra 

Teucrium 

Thymus 

Trichostema 

Agastache nepetoides 

Dracocephalum 

parviflorum 

Lycopus rubellus 

Oneida County - Threatened 

Oneida County -Endangered 

Madison County -Endangered 

Plantain 

Acanthaceae (Plantain) 

Compositae 

(Thistle) 

Plantain 

Erigeron 

Mesadenia 

Peramium 

Plantago 

Pluchea 

Thistle 

Antennaria 

Heteranthera 

None N/A 

Raseberry Rosaceae (Rose) Rubus None N/A 

Red Sumac Buxaceae (Sumac) Rhus None N/A 

White Cedar Pinaceae (Pine, Conifers) Chamaecyparis 

Thuja None N/A 

Elm Ulmaceae (Elm) Ulmus Ulmus thomasii Oneida and Madison Counties 

- Threatened 

Hickory Saururaceae (Walnut) Carya Carya laciniosa Oneida County – Threatened 

Pine Pinaceae (Pine, Conifers) Pinus Pinus banksiana Oneida County - Rare 

Source: 
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3.8.2

3.8.2.1

Agriculture 

Regional Setting 

Madison County has a wide variety of land forms that are suitable for agricultural uses. 

The most productive soils occur in the north-south trending valleys located in Madison 

County and the broad lake plain surrounding Oneida Lake, which is located in Madison 

and Oneida Counties (Madison County, 2005). Vegetable farms are typically found in the 

mucklands of the lake plain while dairy farms in the broad valleys of the Southern New 

York Appalachian Highlands (Madison County, 2005). The climate, soils, and 

topography of Madison County made ideal conditions for the rise of the hops industry in 

this area during the nineteenth century (Madison County, 2006). Oneida and Madison 

Counties ranked second and third, respectively, in New York State for hops production in 

1879, a year in which New York produced more than 50 percent of the U.S. total hops 

production (Madison County Farmland Protection Board, 2005). The hops industry 

flourished in this county until competition from the western states and prohibition 

contributed to its downfall (Sullivan, 1927a). Elements of this industry including hops 

storage buildings and stone silos can be seen throughout Madison County. 

The dairy industry evolved in Madison County as a result of the importation into the U.S. 

of the first Holstein-Frisian cattle by a local entrepreneur to provide fertilizer for the hop 

fields located in this area. The dairy industry eventually replaced hops as the dominant 

agricultural industry in Madison County; the county is currently ranked eighth in the State 

of New York for total dairy production. Vegetable production and its associated canning 

industry were important to Madison County and surrounding areas throughout the 

twentieth century. Important crops that have been grown in this county have included 

various beans, beets, corn, celery, onions, and potatoes. Onions were a particularly 

important crop and the area assumed the title of Onion Capital of the U.S. in the 1930’s. 

While it is no longer the leading onion producing region, Madison County is still 

recognized as a prime onion and potato producer in the northeastern U.S. (Madison 

County Farmland Protection Board, 2005). Other important agricultural industries that 

have evolved in Madison County are the raising of horses for pleasure and racing, and the 

growth of cash crops throughout this area including the swamp land located in the 

northern portion of the county being utilized to produce mostly potatoes and onions 

(Madison County, 2006). Lastly, agri-entertainment or agri-tourism including hunting 

preserves, riding stables, and farm tours and events has the potential to be an important 

enterprise in Madison County. 

Over the past 50 years, the agriculture sector has declined in Madison County despite its 

importance and currently only accounts for four percent of the total employment there. 

For example, between 1949 and 2002 the proportion of Madison County land area 

utilized for agriculture dropped substantially from approximately 75 percent to 40.1 

percent (Madison County Farmland Protection Board, 2005). The wholesale, retail, and 

service industries have grown in the county and employment opportunities in the Cities of 
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Utica and Syracuse are provided to Madison County residents due to the proximity to 

these areas (Madison County, 2006). 

The fertile soils of the Mohawk River and its tributaries have made the conditions within 

Oneida County suitable for many general, as well as special crops (Sullivan, 1927b). In 

addition, the opening of the Erie Canal in 1825 stimulated the planting of cash crops in 

Oneida County including grain, hops, cheese, and potash (Oneida County, 2002). Oneida 

County is currently a diverse agricultural county with dairy products, vegetables, cattle 

and calves, nursery and greenhouse products, grains, and dry beans being the leading 

products produced (New York Agricultural Statistics Service, 2005) Approximately two 

thirds of all agricultural production in Oneida County is currently attributable to the dairy 

industry (Oneida County, 2006b). 

Nation Lands 

Nation lands comprise 17,370 acres in 440 tax lots located in both Madison and Oneida 

Counties. The land use for approximately 152 tax lots was determined to be agricultural. 

As identified in Table 3.8-3, 22 of these tax lots comprising approximately 1,549 acres are 

categorized as Group 1 lands, 59 of these tax lots comprising approximately 3,860 acres 

are categorized as Group 2 lands, and 71 tax lots comprising approximately 6,041 acres 

are categorized as Group 3 lands as identified in Table 3.8-3. The land use for each of 

these tax lots was categorized utilizing general codes assigned by the NYSORPS. The 

NYSORPS defines agricultural lands as lands that are greater than 10 acres in size and 

have been actively utilized in the preceding two years for the production of agricultural 

products averaging $10,000 or more in annual gross sales. This information was then 

cross-referenced with aerial and current site photography and field checked for accuracy. 

In other sections of this Draft EIS, different definitions of agricultural or farmlands may be 

utilized. 

Table 3.8-3 

Nation Agricultural Land Use by Acreage and Percentage 

Land Use Group 1 Lands Group 2 Lands Group 3 Lands Total 

Acreage 1,549 3,860 6,041 11,450 

Percentage 14 34 53 100 

Source: 

It should be noted that not all of the lands classified as agricultural in Table 3.8-3 are 

cultivated by Nation members. The Nation, like other land holders in the region, 

occasionally rent out their land for cultivation to other business enterprises in the area. 

Rental cultivation produces such crops as hay and corn for commercial sales. 

The success of the Turning Stone Resort & Casino has provided the Nation with the funds 

necessary to invest in other business. One Nation enterprise of note is the production of 

Black Angus beef. The Nation currently owns the second largest herd in the northeastern 

U.S. as noted in Section 3.5.5.4 Livestock. The Nation also cultivates some of its lands for 
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3.8.2.3

commercial crops including barley, yellow corn, wheat, and oats as well as hay for 

livestock feed to the Nation’s herd and other local cattle farmers as identified in Section 

3.5.5.5 Crops. It should be noted that not only does the Nation use these lands for 

commercial agriculture but also as part of their cultural expression. A full discussion of 

this can be found in Section 3.7.11 Lifestyle and Cultural Values. 

Livestock 

New York State produces livestock and poultry. In 2002, the State had an inventory of 

1,453,365 cattle and calves, 579,216 hogs and pigs, 83,630 sheep and lambs, and 

3,819,432 hens 20 weeks and older kept for laying eggs (layers). The market value of 

livestock, poultry, and their products produced approximately $1.9 billion in New York 

State in 2002 (U.S. Department of Agriculture, 2002a).In 2002, the top livestock 

production in Madison and Oneida Counties included cattle and calves, sheep and lambs, 

horses and ponies, layers, and colonies of bees. At that time, Madison County produced 

44,476 cattle and calves, 2,891 sheep and lambs, 2,203 colonies of bees, 1,313 horses and 

ponies, and 1,214 layers while Oneida County produced 47,064 cattle and calves, 2,590 

layers, 2,006 horses and ponies, 1,605 colonies of bees, and 1,255 sheep and lambs (U.S. 

Department of Agriculture, 2002b). 

The dairy industry is the dominant agricultural industry in Madison and Oneida Counties, 

as it accounted for 79 and 61 percent, respectively of the value of each county’s total 

agricultural production in 2002. In Madison County, most dairy farms tend to be small in 

size and possess from 50 to 99 dairy cows (Madison County Farmland Protection Board, 

2005). The sale of cattle and calves contributed an additional eight percent to the 

agricultural production in both Madison and Oneida Counties. Madison County’s 

livestock production was valued at $54,446,000 in 2002 leading to it be ranked 14th in 

New York State for total livestock production. In Oneida County, total livestock 

production was valued at $55,738,000 and the county’s livestock production was ranked 

12th in New York State (U.S. Department of Agriculture, 2002a and 2002b; Madison 

County Farmland Protection Board, 2005). 

The successful operation of the Turning Stone Resort & Casino and other enterprises has 

provided the Nation with the ability to reestablish traditional agricultural practices long 

associated with their lands. The Nation currently has the second largest Angus beef herd in 

the Northeastern U.S., with 90 percent being Black Angus. The herd consists of 520 

Angus (205 breeding females, 47 percent registered with the American Angus Association), 

nine Angus bulls, and 600 boarded animals at its Heifer Hotel a custom cattle feeding and 

boarding operation. The beef produced by these herds is hormone and steroid free and is 

served at the Turning Stone Resort & Casino’s Forest Grill Restaurant (The Nation, 

2004). 
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Several Nation lands are currently utilized for livestock production. As identified in 

Tables 3.5.5.-1 through 3.5.5.-5 (located in the Appendix K) and summarized in Table 

3.8-4, there are 0 acres of Group 1 lands, approximately 1,069 acres of Group 2 lands, 

and approximately 1,193 acres of Group 3 lands that are currently utilized for livestock 

production. In addition, approximately 688 and 1,296 acres of Group 2 and 3 lands, 

respectively, are currently utilized for both the production of livestock and crops. The 

Heifer Hotel is located on Parcel 210 in Group 3 lands. 

Table 3.8-4 

Nation Lands Utilized for the Production of Livestock and Crops 

Production Group 1 

Acres 

Group 1 

Percentage 

Group 2 

Acres 

Group 2 

Percentage 

Group 3 

Acres 

Group 3 

Percentage 

Total 

Acres 

Livestock 0 0 1,069 47 1,193 53 2,262 

Crops 1,250 18 1,169 17 4,622 65 7,041 

Both 0 0 688 35 1,296 65 1,984 

Total 1,250 2,926 7,111 11,287 

Source: 

3.8.2.4 Crops 

New York State produces a variety of crops. In 2002 the following crops were harvested: 

450,664 acres of corn for grain; 543,579 acres of corn for silage or greenchop; 115,680 

acres of wheat for grain; 67,032 acres of oats for grain; 12,569 acres of barley for grain; 

562 acres of sorghum for grain; 4,189 acres of sorghum for silage or greenchop; 139,435 

acres of soybeans for beans; 32,520 acres of dry edible beans (excluding lima beans); 

22,094 acres of potatoes; 16 acres of sweet potatoes; 2,258,448 acres of all hay, haylage, 

grass silage, and greenchop; and 502 acres of sunflower seed. The market value of crops 

produced approximately $1.1 billion in the State in 2002 (U.S. Department of Agriculture, 

2002a). 

In 2002, the top crop items produced in Madison and Oneida Counties included corn for 

grain, corn for silage (fodder prepared by storing and fermenting green forage plants in a 

silo), oats, all wheat for grain, and forage (land used for all hay and haylage, grass silage, 

and greenchop). At that time, Madison County produced 56,135 acres of forage, 16,616 

acres of corn for silage, 10,552 acres of corn for grain, 2,226 acres of oats, and 1,165 

acres of wheat for grain. Other crops harvested in Madison County include barley, 

vegetables, orchard fruits and nuts, berries, and nursery products. Lands used for the 

production of forage, corn, grains, and other crops accounted for 65 percent of all 

cropland acreage in Madison County in 2002 (Madison County Farmland Protection 

Board, 2005). Oneida County produced 66,178 acres of forage, 18,270 acres of corn for 

grain, 17,043 acres of corn for silage, and 3,489 acres of oats. Madison County’s crop 

production was valued at $7,439,000 leading it to be ranked 36th in New York State. In 

Oneida County, crop production comprised $22,632,000 of agricultural products sold in 
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3.8.3.1

2002 and ranked 17th in New York State for this production (U.S. Department of 

Agriculture, 2002b).

The Nation currently grows their traditional crops such as the Three Sisters (white corn, 

beans, and squash), pumpkin, and tobacco on some of the Group 3 lands in Madison 

County (Parcels 133 and 211). The Nation Garden, which is used for the production of 

the Three Sisters, is located on Parcel 211. These crops (particularly white corn on Parcel 

133) are now used in ceremonies by members of the Nation and are provided to other 

neighboring tribes such as the Seneca. Through the Nation’s children and elders programs, 

traditional recipes and ceremonial uses for white corn and other crops are being taught to 

Nation children ensuring the preservation of significant cultural knowledge and practices 

for future generations. After years of trial and error cultivation attempts, the Nation has 

established a strain of white corn that closely matches the form used by their ancestors. 

This form is significant to the Oneida not only as a source of food but for ceremonial 

purposes as well. Historically, it is reported that this same strain of white corn was 

transported by the Oneida to Valley Forge during the Revolutionary War in order to feed 

Washington’s starving troops during winter. The Nation makes this strain of white corn 

available to other Iroquois Tribes for their own cultivation as well. The Nation’s 

ownership of particularly Group 3 lands (in Madison County) for the cultivation of their 

traditional food and ceremonial crops is therefore a significant element associated with the 

use of these lands. 

The Nation also grows the following non-traditional crops: 300 acres of barley, 1,000 

acres of yellow corn, 200 acres of wheat and oats, 800 acres of hay for bales, and 180 tons 

of haylage. These crops (particularly corn) are currently utilized in the Nation’s custom 

feeding cattle operation and its animal feeding program, with remaining crops sold to local 

farmers (The Nation, 2004). 

Several Nation lands are currently used for crop production. As identified in Tables 

3.5.5.A-3 through 3.5.5.A-5 and summarized in Table 3.8-4, there are approximately 

1,250 acres of Group 1 lands, 1,169 acres of Group 2 lands, and 4,622 acres of Group 3 

lands that are currently utilized for crop production. In addition, there are 0 acres of 

Group 1 lands, approximately 688 acres of Group 2 lands, and approximately 1,296 acres 

of Group 3 lands that are currently utilized for both the production of livestock and crops. 

Mining 

Introduction 

This section describes the current mining activities in the Study Area, which is defined as 

Madison and Oneida Counties. Such activities may play an important role in economic 

development and land use in the area. Oil and gas resources found in the Study Area are 

also identified in this section. All data and statistics used in this section are from the 

NYSDEC Division of Mineral Resources Mining Database or Wells Database. 
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As described in Section 3.2.3 Geological Setting and Mineral Resources, the primary 

available resources in the Study Area are crushed stone, limestone, salt, construction sand 

and gravel, and zinc (NYSDEC, 2006). Eighty four percent of the mines listed in the 

NYSDEC’s Mining Database are sand and gravel mines that are used for road and 

building construction purposes. Ninety one percent of the permitted mines in the Study 

Area are listed in the NYSDEC’s Mining Database as sand and gravel mines. 

While oil and natural gas production occurs in New York State, it is generally limited to 

the southwestern portion (Southern Tier). In 2003, 36 billion cubic feet of natural gas and 

157,313 barrels of oil were produced in New York State. However, the number of active 

wells in Madison and Oneida Counties represents less than 0.5 percent of all active wells 

located in New York State. 

Mining Operations 

The current mining operations in Madison and Oneida Counties include sand and gravel, 

limestone, granite, industrial sand, and topsoil. There are 17 active mines in located 

Madison County and 63 active mines located in Oneida County. Most of the active mines 

located in Madison and Oneida Counties are sand and gravel mines; there are 15 active 

sand and gravel mines located in Madison County and 58 active sand and gravel mines 

located in Oneida County. Figure 3.8-1 identifies all mining operations in the Study Area. 

Figure 3.8-1 also shows all mining/quarry operations located in the Study Area including 

on Nation lands. The majority of mining/quarry operations in Oneida County occurs 

north of the Erie Canal and is not located near Nation lands. In Madison County, 

approximately one half of all of the mines listed in the NYSDEC Mining Database are 

located south of any of the Nation lands. Three mining/quarry operations located in 

Madison and Oneida Counties are conducted on Nation lands. According to the 

NYSDEC two of these operations are no longer active and one of these operations, Pratts 

Sand and Gravel, has been given a temporary status code indicating that this quarry may 

not be regulated. 

 A response to a Freedom of Information Law (FOIL) request to the NYSDEC for further 

information regarding this mining/quarry operation was received on August xx, 2006. 

The documentation included in this response included records of NYSDEC 

correspondence regarding the quarry dated both prior and subsequent to the Nation’s 

acquisition of the quarry in July of 1997. A NYSDEC Mined Land Reclamation permit 

for operation of the sand and gravel mine has not been in place since July 30, 1995. 

NYSDEC correspondence dated prior to the Nation’s acquisition of the quarry was 

addressed to the quarry’s previous owners. This correspondence includes, but is not 

limited to, applications for Mined Land Reclamation permits and permit renewals, 

NYSDEC Mined Land Inspection Reports, and NYSDEC notification that the site’s Mined 

Land Reclamation permit had expired on July, 30, 1995 and would not be re-issued due to 
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3.8.3.4

regulatory fees owed to the NYSDEC. Correspondence dated subsequent to the Nation’s 

acquisition of the quarry includes, but is not limited to, a press release indicating that 

Madison County had served notices on the Nation, on May 3, 2001, advising the Nation 

against despoliation of its lands in Madison County against which the County has filed 

delinquent tax liens. The notices specifically refer to the site of Pratts Sand and Gravel. 

According to Madison County, despoliation of the site would include continued mining of 

sand or gravel at the site or demolition of any buildings on the site. The Pratts Sand and 

Gravel operation is located on a Group 2 lands (Parcel 94). Sand and gravel resources 

extracted from this quarry have almost exclusively been used as fill and grading material 

for construction and improvement projects at the Turning Stone Resort & Casino. A 

small amount of this material is also sold into the local and regional marketplace. The 

two inactive sand and gravel quarries are located on Group 3 lands (Parcels 228 and 291). 

Natural Energy Operations 

Current oil and gas operations located in the Study Area include 20 active wells in 

Madison County and two active wells in Oneida County, which is a very small percentage 

of the 10,254 active wells in New York State. The lack of active wells in Madison and 

Oneida Counties is mostly due to the fact that the producing geologic formations and 

necessary geologic structures are more prevalent in the Southern Tier of New York State. 

All wells located in Madison and Oneida Counties are shown in relation to Nation lands 

in Figure 3.8-2; this figure shows active wells, exploratory wells, and inactive wells. 

Further information from the NYSDEC Wells Database including well ownership, well 

type, well depth, producing formation, and permit status is identified in Appendix B. 

Three oil and gas wells located in Madison and Oneida Counties are on Nation lands. 

According to the NYSDEC, all of these oil and gas wells were wildcat wells, meaning they 

were exploratory wells drilled in land not known to be an oil field. Of the three wells, two 

are leased to non-Nation members while one is under the control of the Nation. Two of 

the three wells have been decommissioned and capped by a third party contractor in 

keeping with NYSDEC policy The third well has been determined to also be capped and 

decommissioned in keeping with NYSDEC policy. 

Based on the NYSDEC database, none of the oil and gas wells that are located on Nation 

lands appear to have been productive. One well is located on a Group 2 lands (Parcel 140) 

and two of the wells are located on Group 3 lands (Parcels 131 and 235). None of these 

wells are in operation by the Nation; they do not represent part of their non-gaming 

business enterprise base. 

Regulatory Framework 

The regulatory framework for mining and oil and gas production within New York State 

is identified below. 
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3.8.4

3.8.4.1

Federal Regulations 

The following parts of CFR Title 30 – Mineral Resources are the federal regulations for 

mining and oil and gas production: 

• Parts 1-199 (Chapter I) – Regulated by Mine Safety and Health Administration, 

U.S. Department of Labor; 

• Parts 200-299 (Chapter II) – Regulated by Minerals Management Service, U.S. 

Department of the Interior; 

• Parts 300-399 (Chapter III) – Regulated by Board of Surface Mining and 

Reclamation Appeals, U.S. Department of the Interior; 

• Parts 400-499 (Chapter IV) – Regulated by Geological Survey, U.S. Department of 

the Interior; and 

• Parts 700-999 (Chapter VII) – Regulated by Office of Surface Mining Reclamation 

and Enforcement, U.S. Department of the Interior. 

New York State Regulations 

The following are the New York State regulations for mining and oil and gas production: 

• NYCRR, Title 6 Parts 550-559 (6 NYCRR Parts 550-559) - oil, gas, and solution 

mining; 

• NYCRR, Title 6 Parts 420-426 (6 NYCRR Parts 420-426) – mining and mined 

land reclamation; and 

• Article 23, Title 27 of the Environmental Conservation Law of New York State. 

Recreation 

Introduction 

This section describes public recreational resources located in Madison and Oneida 

Counties, which is identified as the Study Area. An overview of recreational uses of 

Nation-owned lands within the Study Area is also provided. The National Park Service 

and the NYSDEC web sites were reviewed in developing this section. The public 

recreational resource categories represented below were largely developed by consulting 

the Draft New York State Open Space Conservation Plan 2005, November 2005. This 

document’s assessment of resource categories formed the basis of the following 

classification system for regional recreational resources: 

• State parks, forests, and natural areas (see Section 3.9.1 Wilderness for a definition 

of these areas); 

• Public golf courses; 

• Public water bodies, fishing areas, boat launch sites, and marinas; 

• Public school facilities (i.e. baseball fields, tennis courts, etc.); and 

• Other local resources (i.e. county parks, picnic sites, etc.). 
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3.8.4.3

The Nation’s recreational resources are designed for all public use. The Nation’s 

recreational resources are categorized into the Groupings. Within the Groupings, these 

resources are classified similarly to public recreational resources (i.e. parks, golf courses, 

etc.). 

Recreational lands are classified as passive and active. Passive recreational lands are 

distinguished by the open-space aspect of the land and feature low levels of nearby 

development. Examples of passive recreational lands include wildlife areas, hiking trails, 

and picnic grounds. Active recreational lands, conversely, are generally intensively 

developed areas that cater to team activities like soccer and baseball. It should be noted 

that additional private recreational resources exist in Oneida and Madison Counties, but 

these are not included in this discussion. The recreational resources discussed in this 

section are accessible to the general public without the need for membership in private 

groups or societies. 

Regional Context 

As indicated through its Comprehensive Plan Report, communities like the Town of 

Vernon believe that, “One of the most critical components in maintaining and enhancing a 

community’s quality of life is its system of parks, recreation, and open space.” Typical of 

New York State in general, the counties have traditionally conserved and managed open 

spaces and recreational resources for its citizens. The following is by no means an 

exhaustive discussion of all of the indoor and outdoor recreational resources available to 

the citizens of Madison and Oneida Counties; rather it highlights prominent public 

recreational resources that characterize the area. 

New York State Parks, Forests, and Natural Areas 

There are numerous New York State parks, forests, and natural areas located within the 

Study Area. There are eleven New York State forests, four parks, one unique area, and 

one wildlife management area located in Madison County. These areas are identified 

below: 

• Beaver Creek State Forest

• Brookfield Railroad State Forest

• Charles E. Baker State Forest

• Chittenango Falls State Park

• Delta Lake State Park 

• Deruyter Lake State Park 

• Earlville State Forest 

• Groton Lake State Forest 

• Lebanon State Forest 
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• Morrow Mountain State Forest 

• Muller Hill State Forest 

• Nelson Swamp State Unique Area 

• Old Erie Canal State Park 

• Stoney Pond State Forest 

• Texas Hill State Forest 

• Three Springs State Forest 

• Tioughnioga State Wildlife Management Area 

There are three New York State parks located in Oneida County. These parks include 

Boonville Gorge State Park, Verona Beach State Park, and Adirondack State Park (partial). 

A number of the New York State parks, forests, and natural areas feature hiking and 

nature trails, camping, boating, swimming, and wildlife viewing. These lands are in 

greatest use in the summer months, but may also be accessed during the winter. Visitors 

include local county residents and tourists seeking outdoor recreation (New York Tourism 

Website). Given its proximity to the Finger Lakes, Lake Ontario, and the Adirondack 

Mountains, Madison and Oneida Counties often attract visitors traveling to and from 

these areas. The recreational areas in this area of New York State include a number of 

educational programs, festivals, and family programs. 

Public Golf Courses 

Madison and Oneida Counties feature more than 20 public golf courses. Four of these 

golf courses are located in Madison County and include the Casolwood Golf Course, 

Rouges’ Roost Golf and Country Course, Sky Ridge Golf Course, White Eagle Conference 

Center, and Woodcrest Golf Course. The remaining public golf courses are located in 

Oneida County and include the five owned by the Nation. The public golf courses located 

in Oneida County include the following: 

• Alder Creek Golf Course 

• Atunyote Golf Course 

• Barker Brook Golf Course 

• Birdies, Eagles, and Ducks Public Golf Course 

• Camroden Golf Course 

• Crystal Springs Golf Course 

• Delta Knolls Golf Center 

• Golf Knolls 

• Kaluhyat Golf Course 

• Oriskany Hill Golf Course 
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3.8.4.6

• Pleasant Knolls Golf Course 

• Sandstone Hollow Golf Course 

• Shenendoah Golf Course 

• Sleepy Hollow Golf and Country Course 

• Valley View Municipal Golf Course 

• Westmoreland Golf Course 

• Crestwood Golf Course 

• Sauquoit Knolls Golf Course 

• Sulpher Springs 

Public Water Bodies, Fishing Areas, Boat Launch Sites, and Marinas 

There are more than 20 water bodies located in Madison and Oneida Counties. In the 

summer months, these water bodies are utilized for boating, fishing, swimming, and water 

sports while in the winter months, some of these areas are used for ice fishing and ice 

skating. Oneida Lake is the largest of these water bodies, with a surface area of 79 square 

miles. The six large water bodies located in Oneida County include Delta Lake, Fish 

Creek, Forestport Reservoir, Little Long Lake, Mohawk River/Barge Canal, and Oneida 

Lake. The remaining large water bodies located in Madison County are listed below: 

• Black Creek 

• Campbell Lake 

• Cazenovia Lake 

• Chittenango Creek 

• Eaton Brook Reservoir 

• Lebanon Reservoir 

• Madison Reservoir 

• Miller Lake 

• Nichols Pond 

• Oxbow Falls 

• Sunset Lake 

• Upper Leland Pond 

• Oneida Lake 

School Facilities 

There are more than 60 public schools located in Madison and Oneida Counties that have 

outdoor areas dedicated to recreation. These areas include, but are not limited to, baseball 

fields, soccer fields, basketball courts, picnic grounds, playgrounds, and open spaces. One 
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of the largest recreational resource areas is located at Vernon-Verona-Sherrill High School 

(Public Schools Report: Town of Verona Land Use Plan, 1996). Depending on the 

school’s policies for local resident use of recreational facilities, outdoor fields, for example, 

may only be available after school, on weekends or during summer months. 

Other Local Resources 

Madison and Oneida Counties have numerous local parks, open spaces, and trail ways. 

For example, the State Barge Canal Recreation Corridor crosses through Oneida County, 

extending from the City of Rome to an outlet at Oneida Lake. Also, a New York 

Statewide Class 3 bike route follows New York Route 5 through parts of Oneida County 

(Town of Verona Land Use Plan, 1996: Town of Verona Comprehensive Plan Report – 

Vol. 1, 2005). Madison and Oneida Counties also feature the following: 

• Mini parks - The smallest park type; typically less than one acre in size and usually 

offering a playground and/or a seating area. 

• Neighborhood parks - Typically these parks range from seven to 10 acres and 

provide a variety of active and passive recreation opportunities. 

• Community parks - These parks are a primary building block of most county 

systems and they provide a full array of recreation activities, including league play 

athletics. The approximate size of most community parks is 30 to 50 acres. 

• Sports complexes - A sports complex is designed for heavily programmed athletic 

use. A sports complex is usually a minimum of 25 acres in size with 40 to 80 acres 

preferred (NRPA, “Park, Recreation, Open Space and Greenway Guidelines”, 

1995). 

Recreation on Nation Lands 

Recreational uses of Nation-owned lands are presented by the Groupings. These 

recreational uses are classified as natural areas, golf courses, water resources, and others. 

This classification is based on the primary uses of Group 1, 2, and 3 lands. Additional 

properties may be used for recreational purposes, but their primary use is not recreational 

in nature and, therefore, these properties are not discussed in this section. For example, a 

property may occasionally be used for picnicking or sporting activities but its primary 

classification may be agricultural. Land use data provided by the Nation was utilized for 

this section. This data includes provides primary, secondary, and tertiary land use 

classifications. 

Recreational uses of Nation lands promote the health and well-being of Nation members 

by offering outlets for both physical activity and a connection with the natural 

environment. These uses promote active recreation like golf, tennis, and lacrosse, as well 

as passive recreation like hunting, fishing, walking, and bird watching. Lands set aside for 

passive recreation have other benefits to Madison and Oneida Counties and this region of 

New York State such as the preservation of habitats and biodiversity, as well as 

supporting the Nation’s cultural practices. 
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The Nation utilizes Group 1, 2, and 3 lands for recreational uses; however, most of these 

lands are located in Groups 1 and 2. The recreational uses of Group 1 lands are 

predominately golf courses and related facilities (i.e., club houses, golf dome); of Group 2 

lands include a number of Nation member activities including boating, fishing, hunting, 

picnicking, and athletics (the Nation Gym); and of Group 3 lands are for mostly passive 

outdoor recreational activities. The recreational uses of Group 1, 2, and 3 lands are 

discussed in detail below. 

Group 1 Lands 

As shown in Table 3.8-5, recreational uses on Group 1 lands include five golf courses and 

a golf academy at the golf dome that are part of the Turning Stone Resort & Casino. The 

five Nation golf courses include the 18-hole Atunyote Golf Course designed by Tom Fazio 

with its own driving range, short game area, and putting green; the 18-hole Kaluhyat Golf 

Course designed by Trent Jones, the 9-hole Pleasant Knolls Golf Course, the 9-hole 

Sandstone Hollow Golf Course designed by Rick Smith, and the 18-hole Shenendoah Golf 

Course designed by Rick Smith. The golf courses feature hills, wooded and open terrain, 

wetland areas, and tree-lined fairways; their landscapes emphasize the natural 

environment and were designed to appeal to golfers with different skill levels and course 

preferences. Green fees vary at the Nation’s golf courses with the highest fees at the 

Atunyote Golf Course and the lowest fees at the Pleasant Knolls Golf Course. Recreational 

uses on Group 1 lands are located on 18 Nation parcels totaling approximately 874 acres. 

Table 3.8-5 

Recreational Resources on Group 1 Lands 

Recreational Resources Parcel Location Acres 

Atunyote Golf Course 140, 240, 272, 298 230 

Golf Dome 192 7 

Kaluhyat Golf Course 273 249 

Pleasant Knolls Golf Course 154 60 

Sandstone Hollow Golf Course 10 60 

Shenendoah Golf Course 8, 9, 10, 13, 19, 44, 45, 51, 66, 74 268 

Source:

Group 2 Lands 

As shown in Table 3.8-6, recreation resources located on Group 2 lands vary and include 

marinas, outdoor recreational lands, and the Nation Gym. Snug Harbour and Marion 

Manor Marina are located on Oneida Lake and provide Nation members and the general 

public (for a fee) opportunities for boating, swimming, and water sports. The Nation 

Gym is located on the 32 acres and features a full-size basketball court that can be used 

for various indoor games. Lacrosse, a traditional Iroquois game, is practiced by the Nation 

members at the Nation Gym and on other Nation-owned lands. Recreational uses on 

Group 2 lands are located on 13 Nation parcels totaling approximately 300 acres. 
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Table 3.8-6 

Recreational Resources on Group 2 Lands 

Recreational Resources Parcel Location Acres 

Peaceful Pines Campground 264 90 

Pasture A 2 42 

Festival Site A 75, 76 34 

Member Boating and Recreational Facilities A 215, 216, 217 3 

Snug Harbour Marina 256, 327 26 

Marion Manor Marina 145 18 

Outdoor Recreational Lands A 91 60 

Outdoor Recreational Lands B 332 19 

Nation Gym 3 8 

Source: 

Group 3 Lands 

As shown in Table 3.8-7, Group 3 lands feature two outdoor recreational areas designated 

by the Nation. These lands are set aside for recreation uses such as hunting, fishing, 

picnicking, bird watching, and walking. Recreational uses on Group 3 lands are located 

on two Nation lands totaling approximately 279 acres. 

Table 3.8-7 

Recreational Resources on Group 3 Lands 

Recreational Resources Parcel Location Acres 

Outdoor Recreational Lands C 220 158 

Outdoor Recreational Lands D 221 121 

Source: 

3.8.5

3.8.5.1

Transportation 

Introduction 

The purpose of the traffic analysis is to document the traffic activity associated with 

existing Nation lands and to subsequently, in Section 4.0 Environmental Consequences, 

assess the potential increase in traffic associated with future development. 

Study Area Description 

The Nation currently possesses over 17,000 acres of land, scattered throughout Madison 

and Oneida Counties in the central region of New York State. The individual tax lots 

acquired by the Nation (the Study Area) range in size from 0.13 acres to over 329 acres 

and are located within the City of Oneida (pop. 10,900), the City of Sherrill (pop. 3,150), 

the surrounding Village of Canastota, and the surrounding Towns of Augusta, Cazenovia, 

Fenner, Lenox, Lincoln, Smithfield, Stockbridge, Sullivan, Vernon, Verona, and Vienna. 

The Study Area for the traffic analysis is shown on Figure 3.8-3. 
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Major roadways located in the Study Area include the following: 

• NYS Route 13 - A north-south major collector through the Towns of Lenox, 

Verona, and Vienna. 

• NYS Route 31 - An east-west minor arterial (western portion of Study Area) and a 

north-south major collector (eastern portion of Study Area) through the Towns of 

Sullivan, Lenox, Verona, and Vernon. 

• NYS Route 365 - An east-west major collector (adjacent to the Turning Stone 

Resort & Casino area) to the west of Turning Stone Boulevard and an east-west 

principal arterial (north of I-90) through the Towns of Oneida and Verona. 

• NYS Route 5 - An east-west minor arterial through the Town of Lenox, Cities of 

Oneida and Sherrill, and Town of Vernon 

• NYS Route 46 - A north-south minor arterial through the Town of Stockbridge, 

City of Oneida, and Town of Verona. 

The Turning Stone Resort & Casino is boarded by NYS Route 365 to the northwest, NYS 

Route 31 to the northeast, Patrick Road to the southwest, and Beacon Light Road to the 

southeast. These roadways are described in more detail below: 

• NYS Route 365 is a four-lane divided highway that is oriented east-west in the 

vicinity of the Turning Stone Resort & Casino. The roadway consists of 12-foot 

travel lanes and shoulders that range from four to eight feet in width. There is a 

grass median of varying width with sections of a box beam median barrier 

adjacent to intersections. The posted speed limit in the project area is at 55 MPH. 

• NYS Route 31, between Beacon Light Road and NYS Route 365, is a major 

collector, oriented in a north-south direction, with 12-foot travel lanes and eightfoot wide shoulders. The posted speed limit is 55 MPH at Beacon Light Road but 

changes to 40 MPH as the roadway approaches NYS Route 365. 

• Patrick Road and Beacon Light Road completes the southern boundary of the 

Resort area. Beacon Light Road consists of two 11 feet wide travel lanes and two 

2-foot shoulders and is posted at 45 MPH. Patrick Road consists of an 11 foot 

shared through and left turn lane and an 11-foot dedicated right turn lane and is 

posted at 40 MPH. 

The following descriptions of the detailed Study Area intersections include geometry and 

intersection traffic control. There are no pedestrian accommodations at the study 

intersections. The signalized intersections along NYS Route 365 are owned and operated 

by the New York State Department of Transportation (NYSDOT). 

• NYS Route 365 and Patrick Road/Willow Place is a four-leg, signalized 

intersection. Both legs of NYS Route 365 consist of a nine-foot wide dedicated left 

turn lane, a12 feet wide through lane, and a 12 feet wide shared through/right turn 

lane. The median on NYS Route 365 is 11 feet wide as it approaches the 

intersection. Patrick Road, the south leg of the intersection, consists of an 11-foot 

wide dedicated right turn lane and an 11 feet wide shared through/left turn lane. 
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Willow Place is opposite Patrick Road and all turning movements share one travel 

lane. 

• NYS Route 365 and Turning Stone Boulevard (main entrance to the Turning Stone 

Resort & Casino) is a three-leg, signalized intersection just east of the Patrick Road 

intersection with NYS Route 365. The west approach of NYS Route 365 is 

approximately 40 feet wide and is made up of two through lanes and a channelized 

right turn lane. The east approach is 35 feet wide and consists of two through 

lanes and a dedicated left turn lane. The south approach to the intersection, 

Turning Stone Boulevard, is approximately 35 feet wide and consists of dedicated 

right and left turn lanes. 

• NYS Route 365 and I-90 Exit 33 is the next intersection to the east of Turning 

Stone Boulevard. It is a three-leg, signalized intersection. The eastbound and 

northbound right turn movements are accommodated by slip ramps to and from 

the Exit 33 toll plaza. These movements are not included in the operations of this 

traffic signal. The west approach of NYS Route 365 includes two 12-foot wide 

through lanes and the east approach consists of two 12 feet wide travel lanes and 

an 11 feet wide dedicated left turn lane. The south approach from the Exit 33 toll 

plaza is a 15 feet wide dedicated left turn lane. 

• NYS Route 365 and NYS Route 31 is a signalized, four-way intersection 

approximately one mile east of the intersection of NYS Route 365 and I-90 Exit 

33. The north and south approaches on NYS Route 31 each consist of a shared 

through/left turn lane and a channelized right turn lane. The west approach on 

NYS Route 365 is approximately 55-feet wide and consists of two through lanes, a 

dedicated left turn lane, and a dedicated right turn lane. The east approach is 

approximately 35 feet wide and consists of two through lanes, a dedicated left turn 

lane, and a channelized right turn lane. 

• NYS Route 31 and Beacon Light Road/Sarenski Road is a four-leg, unsignalized 

intersection. Beacon Light Road and Sarenski Road are the minor approaches and 

stop-controlled. There are no dedicated turn lanes on any of the approaches. The 

north and south approaches on NYS Route 31 each consist of one 12 feet wide 

lane from which all movements are made. The east approach on Sarenski Road is 

10-feet wide, and the west approach on Beacon Light Road is 11 feet wide with 

each approach consisting of one lane. 

General Methodology 

Due to the size of the Study Area, the methodology includes two different levels of 

analysis. The majority of Nation lands are analyzed in a broad planning level of detail. 

This analysis uses Transportation Analysis Zones (TAZs), a geographic breakdown of the 

Study Area for analysis purposes. Specific Nation land use data (Nation, 2005) and ITE 

Trip Generation rates were used to determine the number of Nation related trips that 

begin and end in each TAZ. The number of Nation trips was then compared to the 

average daily traffic on major roads serving the TAZ to assess how much of the total 

traffic in the area is related to Nation activities. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-466

3.8.5.2

In the vicinity of the Turning Stone Resort & Casino, a more detailed traffic analysis was 

conducted. Existing volume, geometric, and signal data were collected by C&S Engineers 

Inc. to develop and calibrate a traffic model. This model was then used to evaluate the 

operating conditions on major roads and intersections in the vicinity of the Turning Stone 

Resort & Casino. 

Two additional analyses were conducted to evaluate existing operations. A safety analysis 

was conducted to determine if there are any deficiencies in the Study Area that could be 

addressed with physical improvements. The safety analysis is based on existing traffic 

conditions and deficiencies are not associated with any existing or potential future 

activities on Nation lands. The second analysis is a study of the toll plaza at Exit 33 of I90 to determine the current effectiveness of the plaza during a special event at the Turning 

Stone Resort & Casino, and to determine what, if any, mitigation may be needed to 

accommodate future traffic demands. 

Previous Studies 

The NYSDOT has completed, or is currently in the process of completing, two 

transportation improvement projects adjacent to the Turning Stone Resort & Casino. 

These projects include the PIN 2038.28 and PIN 2038.29. PIN 2038.28 is the NYS Route 

365 at I-90 Intersection Improvement Project. For this project, there are proposed 

improvements to NYS Route 365 including its intersections with Patrick Road/Willow 

Place, Turning Stone Boulevard (the main entrance to the Turning Stone Resort & Casino) 

and I-90 Exit 33. This project indicated the need for the construction of additional turn 

lanes, new traffic signal systems, new overhead signing and median improvements. These 

improvements were recommended based on existing conditions, proposed development in 

the area including Verona Greens, and possible future development. This improvement 

project is currently on hold and is expected to remain so indefinitely. PIN 2038.29 is the 

NYS Route 365/NYS Route 31 Intersection Improvements Project, which is currently in its 

final design phase. This project includes intersection approach widening and traffic signal 

improvements to address capacity and safety issues identified by the NYSDOT. 

Transportation Analysis Zones 

A planning level analysis was conducted to determine how the traffic generated by Nation 

parcels currently affects the adjacent roadways and how future development on these 

properties may impact the traffic operations and conditions of these roadways. The 

Nation owns land that spans across Madison and Oneida Counties in two cities, one 

village, and 11 different towns. In order to analyze the broad Study Area individual TAZs 

were created, each of which contains some of the parcels owned by the Nation. Due to 

their isolated locations and negligible traffic generation, a few Nation parcels were not 

included in the analysis. TAZs are created by encompassing groups of properties bounded 

by roadways and include a major roadway with known or collected traffic data. 

The TAZ map created for the purposes of this analysis is included in Appendix F. Table 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-467

3.8.5.3

3.8-8 summarizes the TAZs by area and shows the percentage of the total area of each 

TAZ that are Nation lands. 

Existing Conditions Methodology – 2005-2006 

Current land use information (Nation, 2005) and ITE Trip Generation (Institute of 

Transportation Engineers Trip Generation Manuals, 7th Edition) were used to estimate 

average trip vehicle trips for Nation lands (refer to Appendix F). These rates were then 

consolidated to determine the total number of Nation related trips that begin and end in 

each TAZ. The trip generation rates were determined from the nationally accepted 

standard, the Institute of Transportation Engineers (ITE) Trip Generation Manuals, 7th

Edition. This traffic generated by Nation lands was then compared to the total traffic 

volumes using the major roadways contained in each TAZ in order to determine how 

much of the traffic traveling through the Study Area is currently related to Nation lands. 

Traffic volume data was collected by C&S Engineers, Inc. during the winter of 2005/2006. 

If due to seasonal variations typical traffic data could not be collected, the most recent 

NYSDOT traffic data (2004 Traffic Data Report for New York State) was used for that 

roadway. 

Table 3.8-8 

TAZ Area Information 

TAZ ID Total TAZ Area 

(square mile) 

Area of Nation Lands 

(square mile) 

Percentage of Total 

TAZ Area that is 

Nation Owned 

1 19.6 6.20 32 

2 13.3 4.00 30 

3 8.4 2.87 34 

4 15.8 1.07 7 

5 17.7 1.86 11 

6 7.3 0.41 6 

7 6.7 0.61 9 

8 15.9 0.96 6 

9 14.1 0.08 1 

10 29.7 5.50 19 

11 21.6 2.98 14 

NO TAZ1 0.59 

TOTALS 170.10 

(108,800 acres) 

27.13 

(17,370 acres) 

162

Note: 1 Parcel that are identified as NO TAZ are isolated in remote locations and generate negligible vehicle trips. 

 2 The table notes that of the 170 acres included in the Study Area shown on the TAZ map, 27 acres or 16% of the 

 170 total acres are owned by the Nation. 

Source: C&S Engineers, Inc. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-468

3.8.5.4 Traffic Volumes 

Automated traffic recorder (ATR) counts were conducted over a 24-hour period on the 

five major roadways mentioned above in December 2005 and January 2006. Figure 3.8-4 

shows the approximate locations of the ATRs with the Average Annual Daily Traffic 

(AADT) and peak hour data calculated. The roadways to be analyzed were verified with 

the NYSDOT and traffic data were collected on these routes with their cooperation. The 

ATR locations are described in more detail below: 

• NYS Route 13 (TAZ 6) – ATR counts were conducted on NYS Route 13 north of 

NYS Route 31 in the Town of Lenox. This location is south of the Village of 

Sylvan Beach and the Hamlet of Verona Beach. NYS Route 13 is posted for 55 

MPH and consists of two 12 feet wide travel lanes and two eight feet wide 

shoulders. 

• NYS Route 31 (TAZ 6) – Traffic count data was collected in two locations on 

NYS Route 31. One location was just east of NYS Route 13 in the Town of 

Lenox. NYS Route 31 is posted for 55 MPH and consists of two 12 feet wide 

travel lanes and two eight feet wide shoulders. 

• NYS Route 31 (TAZ 1) – The second location was just south of NYS Route 365 in 

the Town of Verona. In the vicinity of the ATR, NYS Route 31 is posted for 55 

MPH and consists of two 12 feet wide travel lanes and two eight feet wide 

shoulders. 

• NYS Route 365 (Border between TAZ 1 and 3) – Traffic count data was collected 

in two locations on NYS Route 365. Both locations were in the Town of Verona 

and within a posted 55 MPH speed limit zone. ATRs were placed in both 

directions between Patrick Road and Turning Stone Boulevard and just north of 

the I-90 Exit 33 intersection. In both locations, NYS Route 365 is a divided 

highway with two 12 feet wide travel lanes in each direction. Between Patrick 

Road and Turning Stone Boulevard, there are two eight feet wide shoulders and a 

median with box beam median barrier. North of I-90 Exit 33, there is a grassy 

median with no barrier and an eight feet wide outside shoulder, and a four feet 

wide inside shoulder. 

• NYS Route 5 (Border between TAZ 9 and 10) – ATR counts were conducted on 

NYS Route 5 on either side of its intersection with NYS Route 365 in the Town of 

Vernon. In the vicinity of the ATR, NYS Route 5 is curbed and posted for 35 

MPH with one 14 feet wide travel lane per direction and a 15 feet wide striped 

median. 

• NYS Route 46 (TAZ 10) – The ATRs were located on NYS Route 46 just south of 

County Route 100 (Mount Hope Avenue) in the City of Oneida. This location is 

also just north of County Route 44 (Union Street) which leads to the Village of 

White Pines and the Ray Elm Children’s and Elder’s Center. The speed limit is 

posted for 55 MPH and the roadway consists of two 10 foot travel lanes and two 

four feet wide shoulders. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-469

The 24-hour counts taken at the above-mentioned locations were plotted by direction and 

by total traffic to show hourly traffic fluctuations. The following eight charts are the 

plotted graphs for each count location. 

Since the ATR data was collected during the winter, the count data was adjusted based on 

the latest information from the NYSDOT for seasonal adjustment factors. Due to the date 

of the counts, the traffic volumes recorded on NYS Route 13 and NYS Route 31 near the 

Oneida Lake region (Village of Sylvan Beach and the Hamlet of Verona Beach) were much 

lower than data last collected by the NYSDOT in mid-June 2004. Therefore, it was the 

recommendation of the NYSDOT to use the 2004 data for these locations. NYSDOT 

data was also used for count data on segments of NYS Route 5 and 31 in order to 

compare volumes associated with the Nation with volume data from a location within 

TAZs 7 and 8. 

Table 3.8-9 shows the AADT information that will be used to compare to the volumes 

associated with Nation lands. The peak hour volumes for the 2004 NYSDOT data were 

calculated assuming that they would be a certain percentage of the AADT based on the 

other data collected for this analysis. The peak hour volumes for each of the locations 

counted were approximately eight percent of the AADT, therefore, the peak hour volumes 

for the NYSDOT count locations were assumed to be the same. ATR count data for each 

location is included in Appendix F. 
Section 3 

Affected Environment

Chart 1

Route 13 (just north of Route 31)

Daily Traffic Volumes

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Northtbound Southbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-470
Section 3 

Affected Environment

Chart 2

Route 31 (just south of Route 365)

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Northtbound Southbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-471
Section 3 

Affected Environment

Chart 3 

Route 31 (just east of Route 13)

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Eastbound Westbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-472
Section 3 

Affected Environment

Chart 4 

Route 365 (just east of I-90 Exit 33)

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Eastbound Westbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-473
Section 3 

Affected Environment

Chart 5 

Route 365 (between Casino entrance & I-90 Exit 33)

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Eastbound Westbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-474
Section 3 

Affected Environment

Chart 6 

Route 5 (just east of Route 365)

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Eastbound Westbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-475
Section 3 

Affected Environment

Chart 7 

Route 5 (just west of Route 365)

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Eastbound Westbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-476
Section 3 

Affected Environment

Chart 8 

Route 46 (just south of County Route 100)

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Northbound Southbound Total

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-477
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-478

Table 3.8-9 

AADT Summary 

Highway Counter Location Municipality, County 

Date of 

Count AADT 

Peak 

Hour 

Volume 

NYS Route 13 Just North of NYS Route 31 Town of Lenox, 

Madison 2004 8,350 668 

Just East of NYS Route 13 Town of Lenox, 

Madison 2004 6,700 536 

NYS Route 31 

Just South of NYS Route 365 Town of Verona, 

Oneida Jan-06 4,957 398 

North of I-90 Exit 33 Town of Verona, 

Oneida Jan-06 17,521 1,436 

NYS Route 365 Between Turning Stone Resort & 

Casino Entrance 

& I-90 Exit 33 

Town of Verona, 

Oneida Jan-06 19,325 1,549 

Just East of NYS Route 365 Town of Vernon, 

Oneida Jan-06 11,463 952 

NYS Route 5 

Just West of NYS Route 365 Town of Vernon, 

Oneida Jan-06 15,440 1,186 

NYS Route 46 Just South of County Route 100 City of Oneida, 

Madison Jan-06 6,570 548 

NYS Route 5 Just West of NYS Route 13 Town of Lenox, 

Madison 2004 10700 856 

NYS Route 31 Just West of NYS Route 13 Town of Lenox, 

Madison 2004 6,900 552 

Source: C&S Engineers, Inc. and 2004 Traffic Data Report for New York State NYSDOT 

3.8.5.5 Analysis 

In order to determine the percentage of traffic within the Study Area that is associated 

with Nation lands, vehicle trips generated by these properties were estimated using the ITE 

Trip Generation Manual. ITE uses past studies and traffic count information to estimate, 

based on different variables (i.e. number of employees, building square footage, number of 

dwelling units, etc.), the number of vehicle trips a certain type of land use will generate 

during different time periods (i.e. weekday, A.M. or P.M. peak hour of generator or 

adjacent street traffic, Saturday, etc.). For the purposes of this analysis, P.M. peak hour 

data were determined. If there was more than one land use associated with a property, 

each use was considered and the trips were added to determine a total number of trips for 

that property. Vacant properties and properties with land uses associated with agriculture 

were assumed to generate zero vehicle trips during the peak hour. Trip generation for the 

Turning Stone Resort & Casino was based on driveways counts conducted in August 

2006. 

Due to the popularity of the 12 SavOn gas stations and convenience stores the Nation 

owns in the area, a separate analysis was conducted to verify that the ITE rates are 

consistent with activity at these local establishments. This analysis concluded that the 

average trip rate for the three locations studied was lower than the corresponding standard 

provided by ITE. Therefore, the more conservative ITE average trip generation rate was 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-479

used for the trip generation rates of any SavOn gas station and convenience store 

locations. The complete analysis is included as Appendix F. 

The trips generated by the SavOn gas station and convenience store locations are also 

subject to a pass-by trip adjustment. ITE defines pass-by trips as intermediate stops on the 

way from an origin to a primary trip destination without a route diversion, which means 

that some trips generated by a site are vehicles that are traveling the adjacent roadway 

regardless of whether or not that particular site was there and decide to stop along the 

way to their original destination. Supermarkets, banks, and pharmacy/drugstores are 

examples of other land uses that are typically subject to pass-by trips. ITE notes that passby trips are responsible for approximately 60 percent of all trips generated by a 

gasoline/service station with convenience market. In order to more accurately represent 

the traffic generated by the SavOn gas station and convenience store sites, the generated 

trips estimated for each location were reduced by 60 percent. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-480

Table 3.8-10provides a comparison of the estimated number of trips generated by Nation 

owned parcels in each TAZ during the P.M. peak hour versus the peak hour traffic 

volumes on the major roadway associated with that TAZ 

TAZ 1, which encompasses the Turning Stone Resort & Casino, has the highest 

percentage (85 percent) of Nation related trips. This is due to the regional draw of the 

Turning Stone Resort & Casino. The trips generated by this facility dominate the section 

of NYS Route 365 between Patrick Road and Exit 33 of the NYS Thruway. Due to the 

high percentage of Nation related trips in this area, a detailed traffic analysis was prepared 

and is presented in Section 3.8.5.6, Turning Stone Resort & Casino Area. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-481

Table 3.8-10 

Volume Comparison by TAZ1

TAZ ID Volumes Generated 

by Nation Lands1

Major Roadway 

Associated 

With TAZ 

Peak Hour 

Volumes on 

Major 

Roadway 

Percentage of Major 

Roadway Volumes 

Associated with Nation 

Lands 

1 1455 NYS Route 365 16652 85 

2 1 NYS Route 31 536 0 

3 104 NYS Route 31 536 19 

4 1 Not available Not available 0 

5 2 NYS Route 31 536 0 

6 255 NYS Route 13 668 38 

7 5 NYS Route 31 552 1 

8 189 NYS Route 5 856 22 

9 324 NYS Route 5 1186 27 

10 180 NYS Route 46 548 30 

11 3 NYS Route 46 548 0 

Notes: 1 Refer to Trip Generation Appendix. 2 Adjusted to reflect summer golf activity 

 

Source: C&S Engineers, Inc. 

With the exception of TAZ 1, the percentages of Nation related traffic in each TAZ ranges 

from zero to 38 percent. The TAZ with the highest percentage of Nation related trips is 

TAZ 6, which contains Nation owned lands located in the Town of Verona and the 

Village of Sylvan Beach. This TAZ includes two marinas and two SavOn gas stations and 

convenience stores, which make up the majority of Nation related trips generated in this 

location. TAZ 10 also contains a high percentage (33 percent) of Nation trips compared 

to the major roadway volumes. TAZ 10 includes the Village of White Pines, Ray Elm 

Children’s and Elders Center, Shako:Wi Cultural Center, and a member gymnasium. In 

general, the major trip generator of Nation owned lands and facilities besides the Turning 

Stone Resort & Casino area is the SavOn gas stations and convenience stores. Therefore, 

the TAZs with the SavOn gas stations and convenience stores (TAZ 6, 8, and 9) indicate 

higher percentages of trips from Nation owned lands. 

While the percentages of Nation traffic represent a substantial proportion of the total 

traffic volumes, the major roadways within the Study Area are not currently being used to 

their fullest capacity. NYS Route 46 for example was observed to have a peak hour 

volume of 548 vehicles per hours, while the capacity of a two-lane highway is 3,200 

passenger cars per hour (according to the 2000 Highway Capacity Manual (HCM), 

Chapter 20 – Two-Lane Highways). NYS Route 46 is currently operating at less than 20 

percent of its capacity. Comparing these capacity values to the peak hour volumes on the 

major roadways considered in this analysis, it can be concluded that while Nation lands 

generate a high percentage of trips in the area, the roadways are not approaching their 

operational capacity and have a significant amount of reserve capacity remaining to 

accommodate future growth. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-482

3.8.5.6 Turning Stone Resort & Casino Area 

The Turning Stone Resort & Casino is located in the Town of Verona, Oneida County off 

Exit 33 of I-90 and is considered part of TAZ 1 in the TAZ analysis previously discussed. 

There is a main entrance to the Turning Stone Resort & Casino from NYS Route 365 and 

two entrances off Patrick Road. 

Existing Conditions – 2005/2006 

Since the Turning Stone Resort & Casino generates a more significant amount of traffic in 

a centralized location compared to the majority of lands owned by the Nation, a more 

detailed traffic analysis was performed for the roadways and intersections adjacent to the 

Turning Stone Resort & Casino. Figure 3.8-5 shows the Turning Stone Resort & Casino 

area and highlights the lane configurations of the following intersections included in this 

analysis: 

• NYS Route 365 and Patrick Road/Willow Place; 

• NYS Route 365 and Turning Stone Boulevard (main entrance to the Turning Stone 

Resort & Casino); 

• NYS Route 365 and I-90 Exit 33; 

• NYS Route 365 and NYS Route 31; and 

• NYS Route 31 and Beacon Light Road/Sarenski Road. 

Three peak periods were observed for the purposes of this analysis: normal weeknight 

peak, Friday special event peak, and Saturday special event peak. The normal weeknight 

peak period was observed on a Thursday evening when there were no scheduled events for 

the 800-seat Showroom or the 5,000-seat Event Center. There was a sold out concert in 

the Event Center during the Friday special event peak period and sold out concerts in both 

venues during the observed Saturday special event peak period. The traffic data were 

collected during the arrival period for the special event counts in order to capture the 

overlap of special event traffic with adjacent regional traffic. The departure period was 

observed to evaluate traffic management strategies, traffic flow patterns and signal 

operations. 

Traffic Volumes 

Based on information provided by the NYSDOT and personnel at the Turning Stone 

Resort & Casino, turning movement counts were collected manually at the Turning Stone 

Resort & Casino area intersections during three peak periods. The normal weekday P.M. 

peak count was conducted on a Thursday evening from 4:00 to 6:00 P.M., and the peak 

hour was determined to occur between 4:30 and 5:30 P.M. The data for the special event 

weeknight count were collected on a Friday from 4:00 to 7:00 P.M. during the arrival 

period of a sold-out concert in the Event Center. The peak hour for this period was 

determined to occur from 4:00 to 5:00 P.M. The final period analyzed was a Saturday 

evening when there was a sold-out concert in the Event Center and in the Showroom. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-483

Data was collected from 4:00 to 7:00 P.M., and the peak hour was determined to occur 

from 5:00 to 6:00 P.M. 

Volumes from the manual traffic counts were compared to ATR data collected for this 

analysis along NYS Route 365 and past data collected by the NYSDOT. Traffic count 

data collected by the New York State Thruway Authority (NYSTA) at the I-90 Exit 33 toll 

plaza were also used to verify peak periods. Figures 3.8-6 through 3.8-8 show the 

existing, balanced peak hour volumes for the intersections adjacent to the Turning Stone 

Resort & Casino area for the three different study periods. Traffic count data are 

provided in Appendix F. 

Analysis 

The intersections included in the Study Area were analyzed using the latest release of 

SYNCHRO, which is a computer program which implements the methods presented in the 

HCM that describe traffic operations. SYNCHRO6 was used to determine the Level of 

Service (LOS) at the intersections included in this analysis. 

The LOS for signalized intersections is defined in terms of control delay. Control delay is 

a measure of driver discomfort, frustration, fuel consumption, and lost travel time. 

Specifically, LOS criteria are stated in terms of the average control delay per vehicle for a 

15-minute analysis period and range from A to F. A LOS of A is representative of a 

movement that is free flowing with minimal delay, while a LOS of F represents long, 

unacceptable delays. Table 3.8-11 represents an excerpt from the HCM and provides the 

standard LOS criteria for signalized intersections. 

Table 3.8-11 

HCM LOS Criteria - Signalized Intersections 

LOS Delay in Seconds 

A 0-10 

B 10-20 

C 20-35 

D 35-55 

E 55-80 

F Over 80 

Source: Highway Capacity Manual (2000), Transportation Research Board 

The LOS for unsignalized intersections is also defined in terms of control delay. 

Unsignalized intersection LOS at or approaching F is obtained when insufficient gaps exist 

in the opposing traffic for turning vehicles to pass through safely. Table 3.8-12 shows the 

standard LOS criteria for unsignalized intersections as noted in the HCM. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-484

Table 3.8-12 

HCM LOS Criteria - Unsignalized Intersections 

LOS Delay in Seconds 

A 0-10 

B 10-15 

C 15-25 

D 25-35 

E 35-50 

F Over 50 

Source: Highway Capacity Manual (2000) Transportation Research Board 

To create the most accurate model in SYNCHRO, intersection characteristics must be 

adjusted from ideal conditions to what is found in the field. These adjustment factors 

include lane widths, peak hour factor, percentage of heavy vehicles, area type, presence of 

turning lanes, and current signal timing and phasing information for the signalized 

intersections. The factors applied to the model were taken from the turning movement 

counts and field observations. 

The NYSDOT provided the signal timing and phasing information for the signals along 

NYS Route 365. The data were also field verified. The timing and phasing of signals at 

the intersections of NYS Route 365 with Patrick Road/Willow Place and with Turning 

Stone Boulevard are currently coordinated. The coordination focuses on the eastbound 

and westbound movements on NYS Route 365 for most timing plans. From 5:30 to 8:00 

P.M. in the evening when a special event is scheduled at the Turning Stone Resort & 

Casino, a special event entry timing plan goes into effect that coordinates the westbound 

through and left turn movements at these two intersections. A variable message sign 

(VMS), owned and operated by the Nation, is also used during special event periods to 

direct drivers to enter the Turning Stone Resort & Casino by making a left turn onto 

Patrick Road. This VMS informs drivers of the most direct route to the Turning Stone 

Resort & Casino parking garage and relieves congestion for the left turn movement at 

Turning Stone Boulevard. The signal timing and phasing plan appropriate for each peak 

period analyzed was used in modeling the existing roadway network adjacent to the 

Turning Stone Resort & Casino. 

A LOS analysis was conducted to evaluate the existing intersection operations. Figures 

3.8-9 through 3.8-11 show the LOS for each movement of each intersection and the 

average intersection LOS at the signalized intersections for the three different peak periods 

analyzed. Table 3.8-13 notes the LOS for each movement but also summarizes the delay 

in seconds and 95th percentile queue analysis results for each movement of each 

intersection. The 95th percentile queue, given in feet, represents the maximum distance 

vehicles will back up from the intersection and is not generally seen during each cycle. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-485

Detailed documentation of the SYNCHRO analysis and results are provided in Appendix 

F. 

All of the intersections analyzed in the Turning Stone Resort & Casino area operate at a 

LOS C or better for each of the time periods analyzed. Due to the implementation of the 

event traffic signal plan, there was no significant increase in delay at intersections during 

the special event periods compared to the normal weeknight. Furthermore, each 

movement at the intersections operates at a LOS D or better, which the NYSDOT 

generally considers acceptable. 
Section 3 

Affected Environment

Table 3.8-13 

Existing LOS & Queue Summary 

LOS (DELAY) QUEUE LENGTH 

(FT) LOS (DELAY) QUEUE LENGTH (FT) LOS (DELAY) QUEUE LENGTH (FT)

EASTBOUND BEACON 

LIGHT RD LT/THRU/RT B (14.5) 36 B (10.9) 12 B (10.3) 7

WESTBOUND SARENSKI RD LT/THRU/RT C (15.2) 8 B (13.5) 4 B (12.4) 3

NORTHBOUND ROUTE 31 LT/THRU/RT A (2.3) 4 A (2.2) 4 A (2.5) 3

SOUTHBOUND ROUTE 31 LT/THRU/RT A (0.0) 0 A (0.4) 0 A (1.0) 1

LT C (27.2) 167 C (31.3) 166 C (25.7) 83

THRU B (15.1) 171 B (10.7) 151 A (9.0) 100

RT B (12.6) 28 A (9.4) 34 A (8.2) 24

LT C (27.1) 94 C (28.3) 76 C (29.7) 45

THRU B (19.0) 203 B (13.8) 180 B (11.9) 95

RT B (15.0) 24 B (11.7) 37 B (10.8) 19

LT/THRU C (28.3) 167 C (31.9) 168 C (29.0) 94

RT B (17.9) 30 B (19.3) 28 B (19.7) 14

LT/THRU C (22.2) 136 C (21.0) 88 C (21.2) 64

RT B (17.8) 24 B (19.4) 32 B (19.9) 29

INTERSECTION AVERAGE LOS (DELAY) B (19.8) B (17.9) B (16.8)

EASTBOUND ROUTE 365 THRU B (18.3) 167 B (19.2) 178 B (19.7) 110

LT C (31.9) 168 C (29.6) 158 C (24.0) 85

THRU A (6.8) 85 A (8.4) 110 B (10.3) 76

NORTHBOUND EXIT 33 LT C (22.4) 225 C (21.5) 276 C (20.8) #404

INTERSECTION AVERAGE LOS (DELAY) B (17.3) B (17.5) B (17.9)

THRU B (16.8) 207 B (15.4) 108 B (14.1) 78

RT B (14.2) m7 A (9.4) m8 A (8.2) 8

LT C (29.5) 173 B (19.2) 218 C (21.6) 317

THRU A (1.9) 53 A (2.0) 54 A (1.6) 38

LT C (33.2) 49 C (33.4) 46 D (35.8) 47

RT B (19.8) 85 B (11.1) 53 B (10.4) 35

INTERSECTION AVERAGE LOS (DELAY) B (14.6) B (11.8) B (12.7)

LT D (35.3) 11 D (35.1) 4 D (37.8) 12

THRU/RT B (13.8) 123 B (14.8) 117 B (16.7) 90

LT C (31.6) 183 C (30.8) 143 C (32.9) 223

THRU/RT A (7.6) 103 A (5.4) 51 A (4.6) 27

LT/THRU C (34.2) 101 C (31.6) 111 D (36.5) 91

RT B (15.3) 47 B (15.0) 57 B (12.7) 9

SOUTHBOUND WILLOW PL LT/THRU/RT C (26.8) 8 C (25.1) 6 C (28.5) 8

INTERSECTION AVERAGE LOS (DELAY) B (17.3) B (16.7) C (21.1)

# - 95TH PERCENTILE VOLUME EXCEEDS CAPACITY, QUEUE MAY BE LONGER. QUEUE SHOWN IS MAXIMUM AFTER 2 CYCLES

m - VOLUME FOR 95TH PERCENTILE QUEUE IS METERED BY UPSTREAM SIGNAL

SPECIAL EVENT WEEKEND

ROUTE 365 & PATRICK RD/WILLOW PL

WESTBOUND ROUTE 365

NORTHBOUND PATRICK RD

WESTBOUND ROUTE 365

ROUTE 365 & CASINO ENTRANCE

EASTBOUND ROUTE 365

WESTBOUND ROUTE 365

NORTHBOUND CASINO 

ENTRANCE

EASTBOUND ROUTE 365

BEACON LIGHT RD/SARENSKI & ROUTE 31

ROUTE 365 & ROUTE 31

EASTBOUND ROUTE 365

ROUTE 365 & THRUWAY EXIT 33

NORTHBOUND ROUTE 31

SPECIAL EVENT WEEKNIGHT

SOUTHBOUND ROUTE 31

WESTBOUND ROUTE 365

NORMAL WEEKNIGHT

Source: C&S Engineers, Inc. 

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-486
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-487

3.8.5.7

 The only intersection that resulted in deterioration in average LOS was the NYS Route 

365 and Patrick Road/Willow Place intersection. The average delay increased 

approximately four seconds, and the LOS declined from a B during the normal weeknight 

period to a C during the weekend special event. The Patrick Road left turn and through 

movements, and the movements on Willow Place, experienced an increase in delay due to 

the additional green time allotted to the NYS Route 365 westbound left turn movement 

during the event timing plan. 

Toll Booth Plaza Analysis 

An analysis was conducted at the toll plaza for I-90 Exit 33, which is located in the Town 

of Verona, in order to determine the current effectiveness of the plaza during a special 

event at the Turning Stone Resort & Casino and determine what, if any, mitigation may 

be needed to accommodate future traffic demands. The toll plaza at Exit 33 consists of 

five booths two serving entering traffic, two for exiting traffic, and one booth that is 

reversible by order of the toll plaza manager in order to minimize directional congestion at 

the plaza. All booths have the capability to serve ticket and EZ-Pass customers, but 

typically there is a booth for each type of transaction in each direction, and the third 

booth would be an additional ticketed booth. Each booth has a capacity based on 

whether that booth is operating as a ticketed or EZ-Pass booth and if it is serving entering 

or exiting traffic. The NYSTA accepts the following operating capacities: 

• Entering Cash Booths: 375-450 Passenger Car Equivalents Per Hour 

• Exiting Cash Booths: 275-350 Passenger Car Equivalents Per Hour 

• Dedicated EZ-Pass Booths: 1,000 Vehicles Per Hour 

Based on operations data obtained for this toll plaza (e-mail correspondence from Lee 

Maynus, NYSTA, February and March 2006), 44 percent of those traveling on I-90 are 

EZ-Pass customers versus 56 percent that use the ticketed booths. 

A capacity and queue analysis was completed for the Exit 33 toll plaza on Saturday, 

February 25, 2006 in order to capture the peak hour operations on the day that a number 

of special events at the Turning Stone Resort & Casino were scheduled. Fifteen minute 

volumes and class data were obtained from the NYSTA for the toll plaza. The peak hour 

for the toll plaza was determined to occur from 4:30 – 5:30 P.M. Table 3.8-14 identifies 

the operations of each booth during this peak hour. 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-488

Table 3.8-14 

Booth Capacity Summary 

Booth Number 2 3 4 5 6 

Booth Type EZ-Pass Ticket Ticket Ticket EZ-Pass 

Booth Direction Entering Entering Exiting Exiting Exiting 

Peak Hour Volume 

(Passenger Car Equivalents) 150 267 244 214 261 

Booth Capacity 1,000 375-450 275-350 275-350 1,000 

Over (+)/Under (-) Capacity -850 -108 -31 -61 -739 

Source: 

Queue lengths were noted for the exiting traffic every five minutes during the same time 

frame as the special event turning movement counts. The queues for the entering traffic 

were observed for a portion of this time frame and were not noted to be an issue, as there 

were no more than six to seven cars at any given moment. The maximum queue observed 

for the exiting traffic was at approximately 4:45 P.M. It was noted that the vehicles were 

queued for a distance of approximately 740 feet or approximately 37 vehicles from the 

plaza. The next highest queue was observed at 7:00 P.M., when 21 vehicles were queued 

at Booth 4 and 17 vehicles waited at Booth 5; the length of this queue was approximately 

400 feet. The average queue length for Booth 4 during the observed time period was five 

vehicles, the average for Booth 5 was four vehicles, and the average for Booth 6 was 0.5 

vehicles. The mainline traffic on I-90 was not affected by queues at this toll booth during 

the observed peak period. 

As noted in Table 3.8-7, the exiting ticket booths are starting to approach capacity. As a 

result, peak exiting queues of approximately 20 to 35 vehicles were observed. The 

queuing is most likely as a result of an unequal arrival pattern within the peak hour. 

3.8.5.8 Safety Analysis 

A preliminary highway safety history evaluation was completed for the major intersections 

and highway segments located within the Study Area. The most complete accident data 

provided by the NYSDOT were for the three year period from June 1999 through May 

2002. New York State Accident Description Reports were provided from NYSDOT’s 

Computerized Local Accident Surveillance System (CLASS) and State Accident 

Surveillance System (SASS). Accident summaries were broken down by corridor and 

include both reportable and non-reportable accidents (those accidents that resulted in less 

than $1,000 worth of property damage and no injuries). In order to identify where 

accident history may be significant enough to require further investigation, this highway 

safety history evaluation was completed by calculating an accident rate for an intersection 

or highway segment noted by the NYSDOT as being a high accident location and 

comparing that rate to the statewide average accident rates for a similar location. 

The accident rate is the ratio of the number of accidents at an intersection or within a 

segment, for every million vehicles entering an intersection or million vehicle miles of 

travel in a segment within the specified study period. The Statewide Accident Averages for 
Section 3 

Affected Environment

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Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-489

highway segments (by facility type) and intersections (by type) provided by the NYSDOT 

were used as a benchmark to compare to the accident rates to determine if more detailed 

analysis was warranted. Traffic count information for the accident rate calculations were 

derived from the NYSDOT data taken within the time frame of the accident reports 

analyzed. Accident information was requested from the NYSDOT for the following major 

roadways in the Study Area and included any intersections contained within the roadway 

segment: 

• NYS Route 31 from NYS Route 13 to NYS Route 5; 

• NYS Route 13 from NYS Route 31 to Canal Street (Village of Canastota); 

• NYS Route 13 from Pine Ridge Road to NYS Route 5; 

• NYS Route 5 from Hubbard Place (City of Oneida) to NYS Route 26; 

• NYS Route 365 from Tilden Hill Road to NYS Route 5; 

• NYS Route 46 from County Route 34 (Peterboro Road) to NYS Route 5; and 

• Patrick Road (Town of Verona) from Route 365 to Snyder Road (Town of 

Verona). 

Tables 3.8-15 and 3.8-16 show the rate comparison for those intersections and highway 

segments, as indicated by the NYSDOT, within the Study Area whose accident rates 

exceed the statewide average for similar locations. Figure 3.8-12 shows the Study Area 

and highlights the intersections and roadway segments with high accident rates. 

Table 3.8-15 

Intersection Accident Rates 

Intersection 

Roadway #1 

Intersection 

Roadway #2 Municipality, County 

Number of Accidents Annual Traffic Entering Intersection Accident Rate (ACC/MEV) Statewide Accident Rate (ACC/MEV) 

NYS Route 31 NYS Route 46 Town of Verona, Oneida 17 8,121 1.91 0.59 

NYS Route 13 County Route 10 Town of Lenox, Madison 10 6,487 1.41 0.35 

NYS Route 365 Patrick Rd Town of Verona, Oneida 17 13,589 1.14 0.59 

NYS Route 31 NYS Route 365 Town of Verona, Oneida 25 20,545 1.11 0.59 

NYS Route 5 NYS Route 26 Town of Vernon, Oneida 13 11,155 1.06 0.59 

NYS Route 5 NYS Route 365A City of Oneida, Madison 21 20,276 0.95 0.59 

NYS Route 5 NYS Route 46 City of Oneida, Madison 19 26,653 0.65 0.46 

NYS Route 31 NYS Route 13 Town of Lenox, Madison 10 12,474 0.73 0.59 

Source: C&S Engineers, Inc. and NYSDOT Average Accident Rates for State Highways 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-490

Table 3.8-16 

Roadway Segment Accident Rates 

Highway Segment Municipality, County 

Number of Accidents Length of Segment (miles) AADT Accident Rate (ACC/MEV) Statewide Accident Rate (ACC/MVM) 

NYS Route 46: 

County Route 18 – 

NYS Route 5 

City of Oneida, Madison 29 0.20 8,000 16.55 2.77 

NYS Route 31: 

County Route 83 - 

Eastwood Drive 

Town of Verona, 

Oneida 17 0.24 4,229 15.30 2.81 

NYS Route 13: 

County Route 12 - 

Center St 

Town of Lenox, 

Madison 51 0.31 11,979 12.54 2.81 

NYS Route 5: 

Hubbard Pl – NYS 

Route 365A 

City of Oneida, Madison 26 0.16 15,462 9.60 2.81 

NYS Route 5: 

Rowland Place - 

Sherrill Road 

City of Sherrill, Oneida 16 0.27 9869 5.48 2.81 

Route 5: Ames Plaza 

- Broad Street City of Oneida, Madison 52 0.35 18515 7.33 4.98 

NYS Route 365 : 

Tilden Hill Rd – 

County Road 83 

Town of Verona, 

Oneida 11 0.21 14295 3.35 2.15 

Source: C&S Engineers, Inc. and NYSDOT Average Accident Rates for State Highways

3.8.5.9 Intersection Accident Summaries 

A detailed summary of the accidents at intersections that have higher accident rates than 

the statewide average shows the following information: 

• NYS Route 31 and NYS Route 46 – The intersection of NYS Route 31 and NYS 

Route 46 is a four-way signalized intersection located in TAZ 5 in the Town of 

Verona. The speed limit on the two roadways approaching the intersection is 55 

MPH. During the three-year study period from June 1999 to May 2002, 17 

accidents occurred, two of which were non-reportable. Over half of the reportable 

accidents were right angle collisions noted to be caused by traffic control device 

disregard on behalf of one of the motorists. There were two fatalities recorded at 

this intersection on June 13, 1999 and January 28, 2000. In the June collision, a 

vehicle traveling southbound on NYS Route 46 disregarded the traffic control 

device and collided with vehicles traveling on NYS Route 31. In the January 

collision, a motorist traveling westbound on NYS Route 31 fell asleep and collided 

with a motorist traveling southbound. 

• NYS Route 13 and County Route 10 – County Route 10 approaches NYS Route 

13 at a 65 degree angle and is controlled with a flashing red signal. The indication 

flashes yellow for vehicles traveling on NYS Route 13. This intersection is located 

on the boundary between TAZ 6 and TAZ 8 in the Town of Lenox and the speed 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-491

limit on the two roadways approaching the intersection is 55 MPH. Six of the 10 

accidents noted at this location were right angle collisions, one of which resulted in 

a fatality on August 18, 1999. The most commonly noted cause for the accidents 

included in the reports was failure to yield right of way by the motorists on County 

Route 10. 

• NYS Route 365 and Patrick Road/Willow Place – NYS Route 365 is a four-lane 

divided roadway at the point it intersects with Patrick Road and Willow Place. It 

is a signalized intersection in the Turning Stone Resort & Casino area with 

dedicated left turn lanes on NYS Route 365 and a dedicated right turn lane on 

Patrick Road. There were 17 accidents noted at this location, five of which were 

non-reportable. Of the 12 reportable accidents, nine were rear end collisions noted 

to be caused by motorists following too closely or traveling at an unsafe speed with 

slippery pavement conditions. Seven of these rear end collisions occurred on NYS 

Route 365, which is posted at a 55 MPH speed limit. The speed limit on Patrick 

Road is 40 MPH. 

• NYS Route 31 and NYS Route 365 – The intersection of NYS Route 31 and NYS 

Route 365 is signalized and located near the Turning Stone Resort & Casino in the 

Town of Verona. The north and south approaches on NYS Route 31 are posted 

for 40 MPH, and each consists of a shared through/left turn lane and a channelized 

right turn lane. The west approach on NYS Route 365 consists of two through 

lanes, a dedicated left turn lane and a dedicated right turn lane. The east approach 

consists of two through lanes, a dedicated left turn lane and a channelized right 

turn lane. The speed limit for NYS Route 365 is posted for 55 MPH. There were 

25 accidents reported at this location. The most common type of collision noted 

was of the rear end type, and all eight occurred on the NYS Route 31 approaches 

caused by motorist's following too closely, driver inattention, traveling at an 

unsafe speed and/or slippery pavement conditions. Improvements at this 

intersection are currently being investigated by the NYSDOT as part of PIN 

2038.29 which is expected to be completed in March 2008. These improvements 

are expected to include the addition of dedicated left turn lanes for the approaches 

on NYS Route 31 which may lower the occurrence of rear end collisions at this 

intersection. 

• NYS Route 5 and NYS Route 26 – Motorists approaching the intersection of NYS 

Route 5 and NYS Route 26 are controlled by a flashing red light. There is a 

flashing yellow indication for those on NYS Route 5 and there is also an additional 

lane in the westbound and eastbound directions for those traveling through the 

intersection maneuver around those waiting to make a left turn onto NYS Route 

26. The speed limit on the two roadways approaching the intersection is 55 MPH. 

Of the 13 accidents reported, only four did not result in an injury. The right angle 

collision was the most common type reported and they were all noted to be caused 

by the failure of the motorist traveling on NYS Route 26 to yield the right of way, 

or traffic control disregard. 

• NYS Route 5 and NYS Route 365A – The intersection of NYS Route 5 and NYS 

Route 365A (Lenox Avenue) is located in the City of Oneida and included in TAZ 

9. NYS Route 365A approaches NYS Route 5 at a 30 degree angle at the north 

leg of the intersection and the south leg approaches at a 58 degree angle. The 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-492

3.8.5.10

intersection is controlled by a signal and there is a number of dedicated turn lanes 

at the approaches. The speed limit for the roadways as they approach the 

intersection is 45 MPH. There were a total of 21 accidents recorded at this 

intersection but eight of them were non-reportable. The most common type of 

collision noted was of the rear end type, which occurred eight times within the 

study period, and was mostly contributed to a motorist following another motorist 

too closely. 

• NYS Route 5 and NYS Route 46 – The intersection of NYS Route 5 and NYS 

Route 46 is signalized and located in the City of Oneida. The speed limit for the 

roadways as they approach the intersection is 35 MPH. The westbound approach 

of NYS Route 5 consists of a dedicated lane for each movement, and the other 

three approaches consist of a dedicated left turn lane and a shared through, and 

right turn lane. A total of 19 accidents were recorded at this intersection, seven of 

them were non-reportable. Of the 12 reportable accidents, only four resulted in 

injuries. Eight of the accidents were of the rear end type and caused by a variety of 

contributing factors. There was no clear accident pattern discernable from the 

reports. 

• NYS Route 31 and NYS Route 13 – The posted speed limit for NYS Route 31 and 

NYS Route 13 in the vicinity of the intersection is 55 MPH. The intersection is in 

the Town of Lenox and there is a shared through/left turn lame and a channelized 

right turn lane at each approach. Ten accidents occurred at the four-way 

signalized intersection. The nine reportable accidents were noted to have been 

caused by a variety of factors ranging from alcohol involvement to driver 

inattention or inexperience. There was no clear pattern or deficiency of the 

roadways that could be derived from the reports. 

As part of the more in-depth accident analysis, report summaries and collision diagrams 

were prepared for each intersection discussed above based on the information provided in 

the CLASS and SASS reports, and are included in Appendix F. 

Roadway Segment Accident Summaries 

The highway segments found to have higher accident rates than the statewide average 

ranged in length from 0.16 to 0.35 miles. A detailed summary of the accidents along these 

highway segments shows the following information: 

• NYS Route 46: County Route 18 to NYS Route 5 – The segment of NYS Route 

46 from County Route 18 (Fairview Avenue) to NYS Route 5 is in the City of 

Oneida and includes a number of driveways and the signalized intersection of NYS 

Route 46 with Glenwood Place. The segment is approximately 0.2 miles long and 

is a two-lane highway with dedicated turn lanes at Glenwood Place and NYS 

Route 5, as well as at the northbound approach to an access for a shopping plaza 

just south of Glenwood Place. The intersection of NYS Route 46 and NYS Route 

5 was analyzed separately. Twenty-nine accidents occurred along this segment 

within the time frame analyzed: 18 reportable accidents, 11 non-reportable 

accidents and nine of the 18 reportable accidents resulted in an injury. Three 

accidents occurred at the intersection with County Route 18, four occurred 

between County Route 18 and Glenwood Place, eight were reported at the 

intersection with Glenwood Place, and the remaining 14 accidents occurred 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-493

between Glenwood Place and NYS Route 5. There was no discernable accident 

pattern found based on the wide variety of types and causes of reported accidents. 

• NYS Route 31: Eastwood Drive to County Route 83 (Main Street) – This segment 

analysis includes the two-way stop controlled intersection with County Route 83 

but not the T-intersection with Eastwood Drive. NYS Route 31 is a two-lane 

highway with a number of private driveways within this segment. Of the 17 

accidents analyzed, 11 occurred along the highway segment, and six were noted to 

have occurred at the intersection with County Route 83. Seven of the accidents 

reviewed were non-reportable, and three resulted in injuries. Of the 10 reportable 

accidents, four were fixed object collisions, three were left turn collisions, two were 

rear end collisions and one was due to an animal action. The apparent factors 

noted were driver based, such as turning improperly, mechanical problems or 

following too closely, as opposed to highway based factors. 

• NYS Route 13: Center Street to County Route 12 (Roberts Street) – This segment 

of NYS Route 13 is located in the Village of Canastota and is part of TAZ 8. The 

analysis of this section includes the T-intersection with County Route 12, the 

intersection with Chapel Street and Diamond Street, the signalized intersection 

with Canal Street and the signalized intersection with Center Street. There is a 20 

MPH school zone on NYS Route 13 from County Route 12 and Chapel Street, 

and there is on-street parking along the remainder of the segment. There were 51 

accidents reviewed, and 21 were non-reportable. The 30 reportable accidents 

consisted of 20 rear-end collisions, five right angle collisions, two fixed object 

collisions, one right turn collision, and one collision involving a pedestrian. The 

most common factors noted for the rear end collisions were following too closely 

and driver inattention. This is most likely due to stop and go traffic that is typical 

for a downtown area with adjacent parking. 

• NYS Route 5: Hubbard Place to NYS Route 365A – This segment includes the Tintersection with Hubbard Place but the signalized intersection with NYS Route 

365A was analyzed separately. This segment also includes a number of private 

driveways and a right in/right out only access to a Wal-Mart plaza for westbound 

traffic on NYS Route 5. The eastbound traffic travels on two lanes: a shared 

through/right turn lane and a dedicated left turn lane which extend for the length 

of the segment analyzed from the intersection with NYS Route 365A. Of the 26 

accident reports reviewed, 12 were non-reportable and six of the remaining 14 

resulted in an injury. Three accidents occurred at the intersection with Hubbard 

Place: two were non-reportable and the third was caused by a motorist traveling 

southbound and failing to yield the right-of-way to a motorist on NYS Route 5. 

The 14 reportable accidents consisted of four rear end collisions, three sideswipe 

collisions, three collisions caused by animal actions, and two right angle collisions. 

The most common contributing factors noted were failure to yield right of way, 

driver inattention and following too closely. 

• NYS Route 5: Rowland Place to Sherrill Road – This segment of NYS Route 5 is 

approximately a quarter of a mile long and is located in the City of Sherrill. It 

includes the T-intersection with Rowland Place, the signalized intersection with 

Sherrill Road and the entrance to Sherrill Manufacturing, formally Oneida Ltd., as 

well as a number of private driveways. There is one lane for each direction with a 
Section 3 

Affected Environment

Bureau of Indian Affairs 

Preliminary Draft EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

3-494

dedicated right turn lane for eastbound traffic turning onto Rowland Place and 

dedicated left turn lanes on the NYS Route 5 approaches to the intersection at 

Sherrill Road. Half of the 16 accidents reviewed for this segment were nonreportable. The other half consisted of three rear end collisions, three right angle 

collisions, a fixed object collision and a sideswipe collision. The causes noted for 

the three accidents that resulted in an injury were driver illness, driver inattention, 

and following too closely. 

• NYS Route 5: Ames Plaza driveway to Broad Street – NYS Route 5 from the 

signalized, T-intersection at the Ames Plaza driveway to the unsignalized, Tintersection at Broad Street is in the City of Oneida and is approximately 0.35 

miles long. There is one lane for each direction, with a two way left turn lane and 

a number of access points along this segment of NYS Route 5. There is also a 

dedicated left turn lane for westbound traffic at the intersection with the Ames 

Plaza driveway. Of the 52 accidents recorded along this segment, four occurred at 

the intersection with the Ames Plaza driveway, eight occurred at the intersection 

with Broad Street, and the remaining 40 occurred in the segment between. There 

were 18 non-reportable collisions, 20 property damage only collisions, and 14 

collisions that resulted in injuries. Half of the reportable accidents were rear end 

collisions that were most commonly attributed to following too closely or driver 

inattention. 

• NYS Route 365: County Route 83 (Main Street) to Tilden Hill Road – This 

segment of NYS Route 365 is approximately 0.2 miles long and includes the 

unsignalized, T-intersection with County Route 83 and the signalized, four-way 

intersection with Tilden Hill Road. NYS Route 365 is a four lane, divided 

highway posted for a 55 MPH speed limit. Tilden Hill Road and County Route 83 

are controlled by stop signs. Four accidents were recorded at the intersection with 

County Route 83. Of the four, three were reportable and were all right angle 

collisions caused by the failure of the motorist on County Route 83 to yield right 

of way to a motorist on NYS Route 365. There was one animal action collision at 

the intersection with Tilden Hill Road. The remaining accidents occurred along 

NYS Route 365 between the two intersections. Of the six accidents that were 

recorded along the segment, one was non-reportable, two were caused by animal 

action, and the last two were fixed object collisions caused by debris in the 

roadway and unsafe speed with slippery pavement conditions. 

Approximately 40 percent of the accidents that occurred on the above-mentioned roadway 

segments were non-reportable, which means they did not result in an injury and more than 

$1,000 worth of property damage. The most common types of accidents for those that 

were reportable on these roadway segments in more urban areas were rear end collisions. 

Most of the collisions were notably caused by driver error, such as following too closely 

and driver inattention and enforcement related issues, such as driving at an unsafe speed. 

The accidents that occurred on the more rural roadway segments were mostly fixed object 

collisions caused by unsafe speeds or animal actions. For the most part, there was no 

discernable accident pattern that could be corrected by physical improvements to the 

roadways. Furthermore, this safety analysis is a study of existing conditions and cannot 

be specifically attributed to Nation activities. 
Section 3 

Affected Environment

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3.8.5.11

3.8.6

3.8.6.1

As part of the more in-depth accident analysis, report summaries and collision diagrams 

were prepared for each roadway segment discussed above based on the information 

provided in the CLASS and SASS reports and they are included in Appendix F. 

Summary 

Due to the size of the Study Area, the transportation review includes two levels of analysis. 

The first analysis was at a broad planning level of detail that evaluated all Nation lands 

within geographic TAZs. This analysis revealed that with the exception of the Turning 

Stone Resort & Casino area (TAZ 1), the percentage of Nation related traffic ranges from 

zero to 38 percent. The two areas with the highest percent of Nation activity are TAZ 6, 

which includes Nation lands located in the Town of Verona and the Village of Sylvan 

Beach and TAZ 10; which includes the Village of White Plains, Ray Elm Children’s and 

Elders Center, Shako:Wi Cultural Center and a member gymnasium. Although Nation 

related traffic in these areas represent a substantial portion of the total traffic, the major 

roadways are currently operating below capacity. 

Since Nation related traffic activity in TAZ 1 (NYS Route 365 adjacent to the Turning 

Stone Resort & Casino) is approximately 85 percent of the total traffic, a more detailed 

traffic analysis was conducted. Traffic data was collected and a model developed to 

evaluate intersection operations. The analysis concluded that all of the Study Area 

intersections operate at a LOS C or better. Furthermore, each intersection movement 

operates at a LOS D or better, which NYSDOT considers acceptable. 

Two additional analyses were provided in the evaluation of existing conditions. A review 

of peak hour activity at I-90 Exit 33 toll booths reveals that the exiting ticket booths are 

starting to approach capacity. The result is a peak hour queue of up to 35 vehicles. The 

final analysis is a preliminary safety history evaluation. NYSDOT provided information 

for eight intersections and seven roadway segments that have accident rates higher than 

the statewide average. A review of the accident reports indicate that the majority of 

collisions were due to driver error, including disregard for traffic control devices or 

following too closely. There were no discernable traffic patterns that could be corrected 

by roadway improvements and the accidents could not be attributed to any specific traffic 

generator. 

Land Use Plans and Zoning 

Introduction 

An analysis of the Proposed Action requires an assessment of existing and current public 

policies related to land use and development. This section provides a general description of 

public policies on land use and development for those communities within which the 

Nation owns land, as well as communities that are located within the Study Area (1,000-

foot radius from Nation lands). Land use plan information was derived primarily from 
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comprehensive and master plans, zoning ordinances, communication with local and 

county officials, and a review of available on-line data. 

The purpose of zoning in any municipality is for protection of the health, safety, comfort, 

and general welfare of its citizens. Zoning regulations are used to define the municipality 

by organizing the types of land uses and development that can occur within designated 

areas and to encourage the most appropriate land uses within the municipality. Zoning 

districts are described by their general character or purpose and the permitted land uses 

allowed within them. Zoning regulations are not mandatory under New York State law, 

but they are a useful tool for regulating the patterns of land use within each municipality. 

Methodology 

Land use plans were determined by collecting and reviewing comprehensive plans, 

municipal plans, and other policies that are used by communities to guide growth and 

provide recommendations for future development decisions. Local municipalities were 

contacted in an effort to obtain comprehensive plans, master plans, revitalization policies 

or policy plans which are used to guide growth in the community. Nation parcels located 

within these municipalities were evaluated with respect to consistency with adopted 

policies on land use and development. 

With regard to zoning, the counties, cities, towns, and villages located throughout the 

Study Area were individually contacted to acquire the most updated zoning ordinances 

and maps. Section 8.0 References provides a list of all zoning codes and comprehensive 

plans used in the preparation of this Draft EIS. The discussion of land use plans illustrates 

the link between zoning and master plans and provides an explanation of the 

comprehensive plan process in those municipalities where a master plan was adopted. 

Whether the Nation is bound by local zoning laws are in dispute. Therefore, the 

discussion of zoning in each municipality pertains to non-Nation properties and not those 

owned by the Nation. However, the various municipalities that contain Nation-owned 

properties in their zoning districts are identified in the discussion. Uses of Nation-owned 

properties are then compared to the respective municipal zoning designations. 

New York State Enabling Statutes 

New York State enabling statutes give towns the power and responsibility to prepare and 

adopt a comprehensive plan for their community. In order to outline the physical, 

economic, geographic, and demographic growth of a community, comprehensive plans as 

set forth in the New York State Town Law Section 272-a may be and are encouraged to 

be adopted. Comprehensive plans are also referred to as land use plans, master plans or 

development plans and set forth a consensus about future and anticipated changes. A 

comprehensive plan is a public policy that typically covers the entire community and 

addresses those elements, trends, and resources that will determine future growth. It 

reflects the goals, objectives, policies, and guidelines that a municipality has established for 
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itself. A comprehensive plan commonly includes written materials, graphic features, 

standards, policies, and recommendations. 

Although state legislation encourages it, New York State regulations require that land use, 

development, and zoning regulations be consistent with a community’s comprehensive 

plan. A comprehensive plan sets forth those goals and objectives that the municipality 

wants to accomplish. Zoning regulations establish the requirements and guidelines the 

community will use to achieve its goals. Local commissions and boards are responsible for 

making decisions that are consistent with the zoning regulations and the objectives of the 

comprehensive plan.

Additionally, pursuant to Sections 239-1, 239-m, and 239–n of New York State Municipal 

Law, if a municipality has adopted zoning or subdivision regulations any non-ministerial 

approval or permitting actions or amendments to or adoptions of a zoning ordinance or 

local law must be referred to the county planning agency for review. In the absence of a 

county planning agency, a municipality within the jurisdiction of a regional planning 

council may refer such actions to that regional agency for review. The referenced actions 

must be referred to such agencies if the actions involve real property located within 500 

feet of the following: 

• The boundary of any city, village or town; 

• The boundary of any existing or proposed county or New York State park or any 

other recreation area; 

• The right-of-way of any existing or proposed county or New York State parkway, 

thruway, expressway, road or highway; 

• The existing or proposed right-of-way of any stream or drainage channel owned by 

a county or for which the county has established channel lines; 

• The existing or proposed boundary of any county or New York State owned land 

on which a public building or institution is situated; and 

• The boundary of a farm operation located within an agricultural district, as 

defined by Article 25AA of the Agricultural and Markets Law, except when 

applying the granting of area variances. 

The 500-foot boundaries located along county and state roads are measured from the 

center line of the roadways and not from the edge of the right-of-ways. These boundaries 

do not necessarily represent actual property boundaries. 

Nation Ordinances 

The Oneida Indian Nation Land Use Ordinance (Ordinance No. 0-98-3) established the 

Nation’s right to designate districts for, “specific portions of the lands under the territorial 

jurisdiction of the Oneida Nation for the application of area specific regulations” (The 

Nation, 1998). This ordinance provides regulations for the issuance of Land Use Permits 

and Special Use Permits and establishes land use districts. The location of land use districts 
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established on Nation lands; which were approved by the Nation; are depicted on the 

Nation’s land use map shown on Figure 3.8-13. The Oneida Indian Nation Zoning 

Ordinance (Ordinance No. O-94-05) establishes building, bulk, and density regulations 

for development on Nation lands. All new development within Nation lands are required 

to be consistent with the regulations set forth in the Oneida Indian Nation Land Use 

Ordinance. 

As stated in the Oneida Indian Nation Land Use Ordinance, the following land use 

districts have been established on Nation lands: 

• Low Density Residential (R-L) district - minimum 16,500 square foot lot area, 

only low-density residential uses, no more than one detached single-family 

dwelling are permitted and other buildings accessory to domestic life such as 

garages, storage sheds, boat sheds, and other related structures are allowed. 

• Medium Density Residential (R-M) district - minimum 10,000 square foot lot area, 

no more than one detached single-family dwelling is permitted, and other buildings 

accessory to domestic life such as garages, storage sheds, boat sheds, and other 

related structures are permitted. 

• Zero Lot Line Residential (R-Z) district - no more than one single-family dwelling 

that may either be detached or attached to another dwelling unit by party wall 

along a side lot line is permitted and other buildings accessory to domestic life are 

allowed. 

• Planned Unit Development (PUD) district – are only developed by Special Use 

Permits and are granted for well-designed developments that are primarily 

residential in use and contain provisions for open space, landscaping, recreation, 

and accessory uses that enhance the quality of life of residents. Residential uses 

may include single-family detached dwelling units, single-family attached dwelling 

units, multi-family dwelling units, and/or home occupations. Additionally, 

accessory uses may include certain commercial, community or governmental 

buildings or facilities. 

• Unassigned Residential (R-U) district – are reserved for future designation as R-L, 

R-M, R-Z or PUD designation. Nation lands located in this district would not be 

subdivided, established as road rights-of-way nor assigned to a district without the 

approval of the Nation. 

• Community and Governmental (C-G) district - are developed only by Special Use 

Permit as approved by the Nation for well-designed developments, the primary use 

of which is governmental or community activities and facilities that contain 

provisions for open space, landscaping, and accessory uses. The types of uses 

include those that provide delivery of governmental services or administration of 

government functions. 

County Planning Agencies 

The Madison County Planning Department is responsible for providing assistance to 

communities with master and comprehensive planning, offering guidance and support 

with zoning and other land use regulations, and municipal review under the General 
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3.8.6.2

Municipal Law 239 (l) (m). This department provides and oversees various environmental 

protection, economic development, agricultural protection, and geographic information 

system programs for Madison County. 

Planning at the county level in Oneida County is based on a cooperative effort between the 

Oneida County Department of Planning, the Herkimer- Oneida Counties Comprehensive 

Planning Program, and the Herkimer-Oneida Counties Transportation Study. The Oneida 

County Planning Department conducts planning at the county and regional level with 

extensive local assistance provided to municipalities located within Oneida County. The 

Planning Department’s responsibilities include economic development, water resources, 

geographic information systems, environmental planning, transportation planning, and 

land use and zoning. The Oneida County Planning Department addresses issues dealing 

with local governments, developers, consulting agencies, and the general public. Inquiries 

often deal with comprehensive planning, zoning, agricultural districts, and subdivision 

laws. 

A discussion of adopted comprehensive or master plans for each municipality in which the 

Nation owns lands is provided in the following section. A brief description of the general 

goals, objectives, and policies of each plan is provided for each municipality. Additionally, 

each subsection concludes with an assessment of the consistency of uses of Nation lands 

within the municipality and with its established and adopted land use policy. 

Oneida County Land Use Plans and Zoning 

The land use plans and zoning discussions below provide a brief assessment of existing 

and proposed land use plans for each community within Oneida County in which Nation 

lands are located as well as permitted uses, special permit uses, and conditional uses, and 

the purposes of each zoning district as identified by each municipality located in Oneida 

County. The following discussion of permitted land uses, special permit uses, and 

conditional uses are not meant to be exhaustive and comprehensive, but rather are 

intended to provide a general understanding of the types of uses permitted by the zoning 

regulations of each municipality. Additional bulk, height, use, zoning, parking, and 

developmental regulations pertaining to each municipality can be reviewed in the 

individual zoning or land use law that is referenced in the text. 

Town of Verona 

The Town of Verona adopted a Comprehensive Land Use Plan and Final Generic 

Environmental Impact Statement in December 1996. As stated in that document, “The 

Town of Verona Comprehensive Land Use Plan and Final Generic Environmental Impact 

Statement is a report summarizing a two year effort by Town officials. The major planning 

elements are addressed in the following sections: community setting, environment, 

infrastructure, land use, and comprehensive planning. Each section separately discusses 

existing factors shaping the Town, issues and known areas of concern, goals and 

objectives, and policy and regulatory decisions recommended for future Town actions.”
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Additionally, the Comprehensive Land Use Plan and Final Generic Environmental Impact 

Statement is identified as a, “Vision of the Town’s future focusing on the land and its 

development” (Town of Verona 1996). This document contains a land use map and land 

use plan, as well as an assessment of existing conditions and recommendations for future 

guidance. 

The Comprehensive Land Use Plan and Final Generic Environmental Impact Statement 

addresses development activities of the Nation in a discussion of the existing community 

setting. This document states, “The Oneida Nation constructed and currently operates the 

Turning Stone Casino. It is the only casino in New York State, and its success has enabled 

the Oneida Nation to construct other facilities, acquire more land and fund construction 

of public water and sewer facilities for their use and the use of surrounding towns through 

an informal, working relationship. This relationship reflects the many elements of the 

community that are shared by both - the land, environment, and infrastructure.” 

The Comprehensive Land Use Plan and Final Generic Environmental Impact Statement 

identifies four major planning goals to be considered for future Town of Verona 

development, which are as follows: 

• To preserve its overall rural character by focusing new development into selected 

portions of the town; 

• To accommodate and promote new residential and economic development that is 

appropriate to the rural character of the town; 

• To encourage the protection and preservation of environmental resources and 

coordinating town policies with federal and New York State agencies; and 

• To promote the cost-effective construction and use of public infrastructure as a 

tool to enhance the community character and protect environmental resources. 

The Comprehensive Land Use Plan and Final Generic Environmental Impact Statement 

recommends establishing the following zoning districts: Agriculture; Residential; Mixed 

Residential and Commercial; Commercial; and Planned Unit Development. Additionally, 

this document provides a draft land use plan and recommendations for future 

development and land use. The draft land use map provided in the Comprehensive Land 

Use Plan and Final Generic Environmental Impact Statement visually consolidates the 

objectives of the report. As stated in this document, “the overall planning objective of this 

section is to achieve and depict a sense of balance for the entire community.” 

The Town of Verona Board enacted and adopted the Town of Verona Zoning Ordinance 

in Local Law No. 1 of 2003 (Town of Verona, 2003). The Zoning Districts Map, which 

was adopted in October 2004, identifies zoning districts in the Town of Verona, the 

Hamlet of Durhamville, and the Hamlet of Verona Beach (Town of Verona, 2004). The 

zoning districts adopted by the Town of Verona are identified below. 
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Approximately 75 percent of the area in the Town of Verona is zoned Rural Development 

(RD). The purpose of the Rural Development (RD) zoning district is to, “foster and 

maintain the economic viability of agricultural uses and to minimize impacts upon 

sensitive environmental and natural resources in major rural portions of the Town” 

(Town of Verona, 2003). Those areas that are not zoned RD are generally located in the 

more densely populated portion of the Town of Verona in the south, northeast, and 

northwest. 

The other predominant rural zoning district in the Town of Verona is the Rural 

Residential (RR) zoning district. This zoning district is found in two locations in the 

Town of Verona, in the northern portion along County Route 50 and Cornell Street and 

in the south central portion along Tilden Hill Road, NYS Route 365, and Spring Road. 

The Rural Residential (RR) zoning district comprises approximately five percent of the 

area in the Town of Verona. As noted in the Town of Verona Zoning Ordinance, “The 

purpose of the RR zoning district is to allow for residential and appropriate nonresidential development in selected portions of the Town that are un-sewered but may 

have existing or planned public water service” (Town of Verona, 2003). Single-family 

residential dwellings are permitted uses by right in this zoning district. Agricultural uses 

and cemeteries are permitted in the Rural Residential (RR) zoning district through the site 

plan review process. 

The purpose of the Residential (R) zoning district, as noted in the Town of Verona Zoning 

Ordinance, is “to foster and maintain moderate density single-family residential 

development in portions of the Town that afford the full provision of public water and 

sewer facilities. Compatible non-residential development supportive of a single-family 

residential environment will be accommodated” (Town of Verona, 2003). Residential (R) 

zoning districts are located in the Hamlet of Durhamville along Randall Road and Canal 

Street, along Scondondoa Road, and along the north side of NYS Route 365 south of 

Merry Road. 

The Commercial Neighborhood Service (CNS) zoning district was designated, “to 

complement the more restrictive character of surrounding rural or residential zone districts 

by allowing small-scale commercial and non-residential development in very limited 

portions of the Town” (Town of Verona, 2003). As indicated in the Town of Verona 

Zoning Ordinance, “the potential locations will generally be at intersections of significant 

roads and may be partially or fully served with public water and sewer facilities” (Town of 

Verona, 2003). The Commercial Neighborhood Service (CNS) zoning district is mapped in 

seven different locations throughout the Town of Verona, most notably in the northeast 

portion of the town at the intersection of County Route 50 and NYS Route 46 near the 

Erie Canal. Additionally, pockets of areas zoned CNS are located in the central areas of 

the Hamlets of Durhamville and Sconondoa. 
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The Planned Commercial (PC) zoning district is “intended to promote a variety of medium 

to large scale commercial uses developed in planned and well-designed arrangements of 

lots, buildings and site improvements.” The Planned Commercial (PC) zoning district 

appears to comprise less than five percent of the area of the Town of Verona. This zoning 

district is located generally in the southern and most densely populated areas of the Town 

of Verona, along NYS Route 365 north of Stoney Brook Road. 

The Hamlet Commercial and Residential (HCR) zoning district is intended “to encourage 

and maintain the development and growth of primarily existing commercial centers within 

the Town by allowing a mixture of residential, non-residential, and commercial land uses 

in a physical setting that promotes pedestrian movement.” The areas that are zoned HCR 

comprise less than five percent of the area of the Town of Verona, are primarily located in 

three parts of the town, and include properties located in the Hamlets of Verona Beach 

and Durhamville. One Hamlet Commercial and Residential (HCR) zoning district is 

located in the south central portion of the Town of Verona north and west of the Turning 

Stone Resort & Casino and is bounded on the south by I-90 and NYS Route 365. 

Shorefront properties located along Oneida Lake and the Erie Canal in the western 

portion of the Town of Verona are also zoned HCR. 

Agricultural, commercial, and other non-residential uses such as garages, storage facilities, 

and hospitals are permitted through site plan review in the Heavy Commercial and 

Industrial (HCI) zoning district, as indicated in the Town of Verona Zoning Ordinance. 

There is a concentration of properties zoned HCI located in the southern part of the Town 

of Verona located north of I-90, east of Sand Hill Road, and south of NYS Route 31. This 

zoning district comprises less than five percent of the area of the Town of Verona. 

The Planned Unit Development (PUD) zoning district allows for a variety of land uses and 

a flexible arrangement of lots and structures in a well-planned and coordinated design. 

The flexibility of land uses and lots is achieved by the Town of Verona through 

continuously participating in and approving stages of project planning and development. 

All groups of uses are permitted in a Planned Unit Development (PUD) zoning district 

through the site plan review process. There are six Planned Unit Development (PUD) 

zoning districts located within the Town of Verona that include the recreational vehicle 

park and other properties owned by the Nation located along NYS Route 365, a portion 

of land located along Hill Road, land located on the south site of Heel Path Road just 

south of Zingerline Road and north of the Erie Canal, and the properties comprising the 

Turning Stone Resort & Casino off of NYS Route 365 at Patrick Road. 

The Town of Verona was recently contacted for information regarding Nation lands 

located within the town relative to their consistency with the Comprehensive Land Use 

Plan and Final Generic Environmental Impact Statement and/or zoning regulations. 
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Information from the Town of Verona regarding possible non-compliance of any or all 

Nation properties within the town with land use plans and zoning is inconclusive. 

Nation Lands

Group 1 Lands 

The Comprehensive Land Use Plan and Final Generic Environmental Impact Statement 

addresses development on lands located throughout the Town of Verona and includes a 

land use plan and map of future land uses. The draft land use plan and map generally 

assigns entertainment and tourism uses, future entertainment and tourism, agricultural 

uses, and low density residential uses to the areas currently occupied by Group 1 lands. 

There are 70 parcels comprised of 80 tax lots of Group 1 lands located in the Town of 

Verona. These Group 1 lands are generally comprised of the Turning Stone Resort & 

Casino, the Shenendoah Golf Course, the Kaluhyat Golf Course, the Sandstone Hollow 

Golf Course, related resort and golf course maintenance, active and undeveloped 

agricultural uses, undeveloped and vacant properties, residential uses, the Villages at 

Turning Stone RV Park and Peaceful Pines Campground, a SavOn gas station and 

convenience store, and Nation member housing. The uses of the Group 1 lands are 

generally consistent with the overall objectives of the Town of Verona’s Comprehensive 

Land Use Plan and Final Generic Environmental Impact Statement. 

The Comprehensive Land Use Plan and Final Generic Environmental Impact Statement 

also discusses properties that are owned by the Nation. This document states, “Although 

the Nation has undertaken its construction activities based upon its own environmental 

regulations which meet or exceed current environmental standards, compliance is reliant 

on self-monitoring and self-enforcement.” The Comprehensive Land Use Plan and Final 

Generic Environmental Impact Statement identifies those lands owned by the Nation at 

the time of the document’s preparation in 1996. 

Many of the Group 1 lands appear to be located within the Town of Verona’s Rural 

Development (RD) zoning district. Group 1 lands located in the Rural Development (RD) 

zoning district include the Pleasant Knolls Golf Course, Kaluhyat Golf Course, field crops, 

vacant agricultural land, and residential structures. The Turning Stone Resort & Casino, 

Shenendoah Golf Course, Sandstone Hollow Golf Course, SavOn gas station and 

convenience store, parking lots, and the Villages at Turning Stone RV Park and Peaceful 

Pines Campground are located in the Town of Verona’s Planned Unit Development (PUD) 

zoning district. The remaining Group 1 lands are located in either the Planned 

Commercial (PC) zoning district or the Hamlet Commercial and Residential (HCR) zoning 

district. The Group 1 lands located in the area zoned PC are utilized for a SavOn gas 

station and convenience store, and parking lots while the area zoned HCR is utilized for 

the Inn at Turning Stone, active residential uses, and agricultural uses. The uses of the 

Group 1 lands are regulated by the Oneida Nation Land Use Ordinance. A comparison of 
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land uses and municipal zoning in Appendix G indicates that the uses characterizing these 

lands are primarily consistent with the municipal zoning of Nation properties. 

Group 2 Lands 

There are 85 parcels comprised of 118 tax lots of Group 2 lands located in the Town of 

Verona. Group 2 lands are located throughout the Town of Verona, but are mostly 

concentrated towards its center. The Comprehensive Land Use Plan and Final Generic 

Environmental Impact Statement assigns agricultural uses, entertainment and tourism, 

multi-use planned development, mixed use residential-commercial, and future 

entertainment and tourism in those areas where Group 2 lands are located. The existing 

uses of Group 2 lands include active and undeveloped agricultural properties, wetland 

mitigation banking, active and vacant residential structures including Nation member 

housing, the Snug Harbor Marina, Beach Mart, commercial vacant land with minor 

improvements, commercial structures, SavOn gas stations and convenience stores, outdoor 

activities, commercial storage, convenience stores, a vacant landing strip (the abandoned 

Kamp Airport) and pastures. The existing uses on Nation lands are generally consistent 

with future land uses identified in the Comprehensive Land Use Plan and Final Generic 

Environmental Impact Statement. 

Group 2 lands in the Town of Verona are located in the Rural Development (RD) zoning 

district, the Rural Residential (RR) zoning district, the Planned Commercial (PC) zoning 

district, the Heavy Commercial and Industrial (HCI) zoning district, and the Planned Unit 

Development (PUD) zoning district. Properties in the Hamlets of Verona Beach and 

Durhamville are located within the Hamlet Commercial and Residential (HCR) zoning 

district. The uses characterizing these Group 2 lands are primarily consistent with the 

municipal zoning of Nation properties. 

Group 3 Lands 

There are 18 parcels of land comprised of 22 tax lots of Group 3 lands located in the 

Town of Verona including two parcels comprised of two tax lots located in the Hamlet of 

Durhamville. Group 3 lands are generally clustered in the eastern and central portions of 

the Town of Verona, although there are two parcels located near the main cluster of 

Group 1 lands. The Comprehensive Land Use Plan and Final Generic Environmental 

Impact Statement assigns agricultural uses to the clusters or properties located in the 

eastern and central portion of the Town of Verona, and low-density residential to one of 

the parcels located away from these clusters. Land uses generally found on Group 3 

parcels in the Town of Verona are active and undeveloped agricultural uses, pastures, 

active and inactive residential structures, and vacant properties. The existing land uses are 

generally consistent with the future land uses designated by the Town of Verona in the 

Comprehensive Land Use Plan and Final Generic Environmental Impact Statement. 

Group 3 lands appear to be located entirely within Rural Development (RD) zoning 

districts, with the exception of the two tax lots located within the Village of Durhamville 
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that are zoned HCR. The uses characterizing these Group 3 lands are consistent with the 

municipal zoning of Nation properties. 

Town of Vienna 

The Town of Vienna Master Plan was adopted by the Town of Vienna Planning Board in 

September 1988. Through community wide surveys, meetings of the Town of Vienna 

Planning Board and the Citizen’s Advisory Committee, and previous plans and studies of 

the Town of Vienna, community goals were continuously raised as being of importance to 

the future of the town’s community planning process including: 

• protection of the town’s water resources; 

• preservation of the town’s rural character; 

• protection of the integrity of the town’s residential neighborhoods and the 

property values of the town’s homeowners; and 

• ensuring the proper functioning of the town’s streets and highways. 

The Nation owns land located within the Village of Sylvan Beach, which is identified 

below in the discussion of the village’s land use policy. Nation lands are not located within 

the Town of Vienna beyond the Village of Sylvan Beach. 

The Town of Vienna Zoning Map, which was adopted as part of the Town of Vienna 

Zoning Law in September 1991, has been amended twice since it was adopted most 

recently in April 1997 (Town of Vienna, 1997). The Town of Vienna Zoning Map 

identifies the location of zoning districts in the Town of Vienna. (Town of Vienna, 2003). 

The permitted uses for all land located in the zoning districts is identified in the Town of 

Vienna Zoning Ordinance. 

There are several zoning districts in the Town of Vienna including the Water Resources 

(WR) zoning district, Hamlet (H) zoning district, and the Commercial (C) zoning district. 

Water Resources (WR) zoning districts permit residential uses such as single-family 

dwellings; mobile homes and accessory apartments; large, medium, and small agricultural 

structures; home occupations; and all accessory uses and structures. Areas that are zoned 

WR are located in the eastern portion of the Town of Vienna, adjacent to the Towns of 

Verona and Annsville, and the City of Rome. Hamlet (H) zoning districts permit 

residential uses such as single and two-family dwellings and accessory apartments, medium 

and small agricultural structures, home occupations, and accessory uses and structures. 

The Hamlet (H) zoning district is located in four different areas of the Town of Vienna 

including in the northern portion of the town in the vicinity of the Hamlet of 

McConnellsville along NYS Route 13, in the southern portion of the town and along 

Oneida Lake in the vicinity of the Hamlet of Jewell on NYS Route 49, in the south central 

portion of the town in the vicinity of the Hamlet of North Bay along NYS Route 49, and 

near the intersection of NYS Routes 13 and 49. Commercial (C) zoning districts permit 
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accessory apartments, medium and small agricultural structures, home occupations, and 

all accessory uses and structures; commercial facilities are permitted with a special permit 

in areas zoned C. Two Commercial (C) zoning districts are located in the Town of 

Vienna, one of these districts is located in the southern portion of the town along NYS 

Routes 13 and 49 and the other district is located in the central portion of the town along 

NYS Route 13. 

The Town of Vienna has four residential zoning districts, which include the Low-Density 

Rural Residential (RR-3) zoning district, the Moderate-Density Rural Residential (RR-2) 

zoning district, the High-Density Rural Residential (RR-1) zoning district, and the Shore 

Residential (SR) zoning district. Areas zoned RR-1, RR-2, RR-3, and SR permit 

residential uses such as single and two-family dwellings, mobile homes and accessory 

apartments, medium and small agricultural structures, home occupations, and all 

accessory uses and structures; large agricultural structures are also permitted in areas 

zoned RR-1, RR-2, and RR-3. The permitted uses in the Low-Density Rural Residential 

(RR-1) zoning district, Moderate-Density Rural Residential (RR-2) zoning district, and 

High-Density Rural Residential (RR-3) zoning district differ only by two or three special 

permit uses. The Low-Density Rural Residential (RR-3) zoning district comprises 

approximately one-third of the area in the Town of Vienna and is located in the northwest 

portion of the town, adjacent to the Towns of Constantia and Camden. Areas zoned RR2 are located in the south and central portion of the Town of Vienna and also comprise 

approximately one-third of the area of the town. A relatively small area located in the 

northern portion of the Town of Vienna is zoned RR-2. An area located in the northeast 

portion of the Town of Vienna adjacent to the Town of Annsville is zoned RR-1. Two 

areas located along Oneida Lake are zoned SR. 

Village of Sylvan Beach 

All Nation lands within the Town of Vienna are located within the Village of Sylvan 

Beach, in the southwest corner of the town on the eastern shore of Oneida Lake just north 

of the Erie Canal. The Sylvan Beach Village Board adopted the Comprehensive Plan of the 

Village of Sylvan Beach in November 2001. (Village of Sylvan Beach, 2001). The adoption 

resolution states that the Village Board found the Comprehensive Plan of the Village of 

Sylvan Beach to constitute, “a suitable, rational, and timely Plan for future development of 

the Village of Sylvan Beach.” This document contains goals, an assessment of existing 

conditions and character, maps, design strategies, and recommendations for future 

development and growth in the Village of Sylvan Beach. The major goal is, “the 

conservation and improvement of the desirable qualities of the Village through 

implementation or planning processes that serve to maintain a suitable balance of uses and 

densities while allowing for appropriate future development. Removal and implementation 

of the undesirable qualities of the Village, through implementation of planning policies 

and programs, that will serve to complement the desirable qualities of the Village.” The 

Comprehensive Plan of the Village of Sylvan Beach identifies concept areas located within 
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the village; it contains a discussion of residential components, beach resort area, 

community facilities and services, transportation; and it provides plans and 

implementation strategies. General use goals include the following: 

• A distribution of types and densities of land use that meets the physical, social, 

cultural, and economic needs of the present and future residents and the needs of 

present and future tourists; 

• A land use pattern that provides options for a variety of residential living 

environments, opportunities for recreation and culture, and desirable location of 

tourist and other resident-serving businesses; 

• A land use pattern that is consistent with the capabilities of the street system, 

sewage disposal system, drainage facilities, public open space, and natural 

environmental systems; and 

• A land use pattern that separates and ensures non-encroachment of incompatible 

types and densities of land use. 

The Village of Sylvan Beach Zoning Ordinance was most recently updated in November 

2005 by the Village Board of Trustees (Village of Sylvan Beach, 2005). The Zoning 

Districts Map for the Village of Sylvan Beach was adopted in May 1971. The Village of 

Sylvan Beach has several zoning districts identified in the Village of Sylvan Beach Zoning 

Ordinance and the Zoning Districts Map that are discussed below. 

There are two residential zoning districts located in the Village of Sylvan Beach, the 

Residential (R-1) zoning district and the Residential (R-2) zoning district. The Residential 

(R-1) zoning district allows uses such as one and two-family dwellings, churches, schools, 

libraries, playgrounds, parks, and fire stations. The Residential (R-2) zoning district 

allows all of the uses in the Residential (R-1) zoning district as well as multiple-family 

dwellings. The areas zoned R-1 and R-2 comprises a large portion of the area located 

within the Village of Sylvan Beach (Village of Sylvan Beach, 2005). These residential 

zoning districts are located in the center, northwest, and eastern portions of the Village of 

Sylvan Beach (Village of Sylvan Beach, 1971). 

As shown on the Zoning Districts Map, business zoning districts comprise approximately 

one-third of the area in the Village of Sylvan Beach (Village of Sylvan Beach, 1971). The 

three different business zoning districts located throughout the Village of Sylvan Beach 

include the Business (B-1) zoning district, Business (B-2) zoning district, and Business (B-3) 

zoning district. The Business (B-1) zoning district permits all uses in the Residential (R-1) 

and (R-2) zoning districts, one and two-family and multiple family residential buildings, 

and a number of commercial and community facility uses including hotels/motels, tourist 

and rooming houses, restaurants, medical clinics, nursing homes, theaters, and other 

general retail facilities. The Business (B-2) zoning district permits all of the uses in the 

Business (B-1) zoning district in addition to new and/or used car lots. The Business (B-3) 

zoning district permits all uses in the Residential (R-2) zoning district in addition to mobile 
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home parks and campgrounds, marinas and single mobile units on individual lots, and all 

Business (B-1) zoning district uses except new and/or used car lots. 

The three other zoning districts in the Village of Sylvan Beach are the Amusement (A) 

zoning district, Public Parks (PP) zoning district, and Lakefront (L-1) zoning district. The 

Amusement (A) zoning district is located in the southwestern corner of the Village of 

Sylvan Beach, just north of the Erie Canal, west of Bridge Street, and along the eastern 

shore of Oneida Lake. Approximately five percent of the area located in the Village of 

Sylvan Beach is zoned A. There are two areas within the Village of Sylvan Beach that are 

located in the Public Parks (PP) zoning district. One of these areas is located on the south 

side of the Village of Sylvan Beach east of New Village Street and west of NYS Route 13. 

The second area is Van Der Linde Park, which is located on the west side of Harbor View 

Drive in the central portion of the Village of Sylvan Beach. This zoning district permits 

recreational uses in the Village of Sylvan Beach. The Lakefront (L-1) zoning district is 

located along the bank of Oneida Lake in the Village of Sylvan Beach. 

The Village of Sylvan Beach was recently contacted for information regarding Nation 

parcels located within the village that could be non-compliant municipal land use plan 

and/or zoning regulations. To date, information regarding possible non-compliance of any 

or all Nation parcels located within the Village of Sylvan Beach has yet to be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Village of Sylvan Beach. 

Group 2 Lands 

There is one parcel comprised of seven tax lots of Group 2 lands located in the Town of 

Vienna; this parcel is located entirely within the Village of Sylvan Beach. These tax lots are 

part of the Marinar’s Landing Marina and have seasonal and year-round residential uses, 

a recreational vehicle park, a marina, and boat storage. The Comprehensive Plan of the 

Village of Sylvan Beach identifies this area as being in the Beach Resort District and part 

of the National Lake Neighborhood Area. The Comprehensive Plan of the Village of 

Sylvan Beach provides the following goal for the Beach Resort Area, “Attain an attractive 

an economically viable Beach Resort Area.” Existing uses on Nation lands are generally 

consistent with the future land uses assigned by the Comprehensive Plan of the Village of 

Sylvan Beach. 

The one parcel owned by the Nation is located within a Business (B-3) zoning district. The 

uses characterizing this Group 2 land is consistent with the municipal zoning of this 

Nation property. As mentioned in Section 3.2.4 Land Use, the marina was a pre-existing 

marina at the time of its acquisition by the Nation. 
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Group 3 Lands 

There are no Group 3 lands located within the Village of Sylvan Beach. 

Town of Vernon 

The Town Board of Vernon adopted the Town of Vernon Comprehensive Plan in October 

2005. This plan states that its primary purpose is to, “provide guidance to local officials 

and residents as they work to accommodate future physical growth and development of 

the community.” The Town of Vernon Comprehensive Plan also addresses areas located 

within the Town of Vernon including the Village of Vernon, the Village of Oneida Castle, 

and the Hamlet of Vernon Center all of which are identified as activity centers (Town of 

Vernon, 2005). The Nation owns land located within both the Village of Vernon and the 

Village of Oneida Castle. 

The Town of Vernon Comprehensive Plan provides community goals and objectives 

derived from public visioning sessions and public workshops. As stated in the document, 

“the Plan serves as a guide to Town officials but provides insight to all four of the 

municipalities as they engage in a coordinated approach to planning for the future”. The 

Town of Vernon Comprehensive Plan addresses natural resources, historic resources, 

cultural resources, transportation, infrastructure, housing, community facilities, and 

economic development in the context of local land claims and issues with respect to 

community design. With respect to land use, the plan provides objectives for housing and 

rural residential development, agricultural land use, commercial, industrial, economic 

activities, entertainment and tourism, and community services and tourism. 

The Town of Vernon Comprehensive Plan identifies that the goal for housing and rural 

residential development is “to encourage residential development that maximizes existing 

and planned infrastructure capabilities within close proximity to population centers, which 

is compatible with the countryside, protects natural resources, maintains rural character 

and preserves open space.” Some of the objectives to achieve this goal for housing and 

rural residential development include the following: 

• Utilize open space or cluster subdivisions to help protect the rural character of the 

Town of Vernon and to maintain tillable acreage in agricultural areas; and 

• Discourage residential areas from encroaching into existing or planned agricultural 

and industrial areas. 

In terms of agricultural land use, the Town of Vernon Comprehensive Plan identifies that 

the goal is “to support agriculture and viable farming as the primary economic activity in 

preserving the rural character and open space qualities of the community.” Some 

objectives offered to achieve this goal are the following: 

• Encourage agriculture to continue as the primary economic activity in the Town of 

Vernon for an indefinite period or for as long as necessary to ensure that the 

farmer’s economic health is sustained; 
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• Reduce potential future development pressures on protected farmlands, prime 

farmland soils, and soils of statewide importance; 

• Discourage commercial or industrial activity that does not compliment agricultural 

infrastructure or operations from locating in agricultural zone districts and 

encourage activity in close proximity to the City of Sherrill and the Village of 

Vernon. 

When addressing commercial, industrial, and economic activities, the Town of Vernon 

Comprehensive Plan states that the goal is “to plan for service based commercial and 

industrial growth in, and around the major population centers to be better supported and 

to support the need for sound improvements to local water and sewer infrastructure.” 

Some of the objectives to achieve this goal are as follows: 

• Encourage the appropriate types, scale, and character of desired commercial and 

industrial developments. 

• Concentrate compatible mixed land uses onto relatively small lots, in close 

proximity to housing and consumers, in existing areas supported by water and 

wastewater facilities. The Village of Vernon and the City of Sherrill are 

concentrated areas particularly primed for this type of future development. 

• Support economic development that employs local workers, provides familysupporting wages and benefits, and offers affordable goods and services. 

• Encourage businesses that compliment existing economic activity or that can 

provide for an underserved economic demand in the area. 

When addressing entertainment and tourism, the Town of Vernon Comprehensive Plan 

identifies that the goal is “to support Vernon Downs, Utica Speedway, the ongoing 

industry at the Oneida Limited Site and the Oneida Nation Golf Course as the primary 

regional attractions that will bring visitors and tourists to the area for the betterment of 

the local economy.” To achieve this goal, the plan recommends the following: 

• Recognize the importance of economic opportunities that can result by 

encouraging commercial and retail activity within a pedestrian (walking) proximity 

to Vernon Downs, Utica Speedway, and local commercial centers in the Village of 

Vernon and the City of Sherrill; 

• Support tourism in the area by encouraging local businesses and facilities to better 

plan, coordinate, and expand tourism-related activities; and 

• Encourage the development of ties between local farms and the visitor potential of 

Vernon Downs and Nation enterprises, through local tourism and economic 

development support services. 

The community services and facilities goal of the Town of Vernon is to “provide a high 

standard of progressive government and emergency services to town property owners and 

residents while containing service costs to control tax impacts.” Some specific objectives 

are as follows: 
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• Promote the Town of Vernon as a quality community based upon the success of 

Vernon-Verona-Sherrill Schools and promote the district as a major component of 

the quality of life afforded in the town; 

• Work with New York State officials to maximize safe and efficient egress from 

local emergency services facilities to major collectors; and 

• Facilitate the availability of infrastructure necessary for local emergency services to 

maximize their ability to provide for public health and safety. 

The Recommended Land Use Map identifies those land uses that the Town of Vernon 

Comprehensive Plan recommends throughout the town. Agriculture is the recommended 

land use for much of the Town of Vernon, with planned commercial/entertainment 

development and commercial-manufacturing uses limited to certain areas. Rural-hamlet 

uses are recommended for the hamlet of Vernon Center and planned residential 

development is recommended for an area just east of the City of Sherrill. 

The Town of Vernon Zoning Code, which was adopted in April 1981 and was last 

updated in April 2005, governs development in the Town of Vernon and The Village of 

Oneida Castle (Town of Vernon, 2005). The Village of Vernon has its own zoning code 

while the Village of Oneida Castle does not; therefore, the Village of Oneida Castle 

follows the Town of Vernon Zoning Code. The zoning districts and overlay districts 

identified in the Town of Vernon Zoning Code are discussed below. 

The Town of Vernon has several zoning districts including the Agricultural (A) zoning 

district, Rural Hamlet (RH) zoning district, Residential (R-1) zoning district, Commercial 

(C-1) zoning district, Commercial/Manufacturing (C-M) zoning district, and Planned 

Development (PD) zoning district. The purpose of the Agricultural (A) zoning district is to 

“maintain active farming areas while providing for limited low-density housing 

development primarily oriented to farm uses. All development should be planned to 

maintain as much as possible agricultural lands” (Town of Vernon, 2005). Agricultural 

(A) zoning districts comprise more than half of the area in the Town of Vernon and are 

generally located on the town’s periphery along the borders of the Towns of Verona, 

Westmoreland, and Augusta, as well as Madison County. 

The purpose of the Rural Hamlet (RH) zoning district is to, “provide for clusters of 

moderate-density housing development while maintaining the generally rural character of 

the Town” (Town of Vernon, 2005). The Hamlet of Vernon Center located in the Town 

of Vernon is zoned RH. The purpose of the Residential (R-1) zoning district is to “provide 

for moderate-to-high density housing development in or adjacent to existing cities, villages 

or hamlets. Also, to provide for small-scale commercial services necessary for residential 

areas” (Town of Vernon, 2005). The Residential (R-1) zoning district comprises 

approximately five percent of the area located within the Town of Vernon. Areas that are 

zoned R-1 are located directly adjacent to and north of the Village of Oneida Castle, west 
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of the City of Sherrill, adjacent to and north of the Village of Vernon, and west of the 

Village of Vernon. 

The purpose of the Commercial (C-1) zoning district is to “provide for significant 

commercial expansion within the Town which is in close proximity to existing commercial 

centers” (Town of Vernon, 2005). Areas zoned C-1 are located in the eastern portion of 

the Village of Vernon. As indicated in the Town of Vernon Zoning Code, the purpose of 

the Commercial/Manufacturing (C-M) zoning district is to, “provide for the industrial 

expansion within the town and to allow this to occur with compatible large-scale 

commercial operations” (Town of Vernon, 2005). Two areas zoned C-M are located 

within the Town of Vernon, one of these areas is adjacent to and east of the Village of 

Vernon and the other is in the southern portion of the town near the Town of Augusta 

line. The Planned Development (P-D) zoning district is intended to, “provide for 

development of generally large-scale, new and innovative projects where one or more types 

of uses may be within a single project” (Town of Vernon, 2005). An area zoned PD is 

located south of the Village of Vernon. 

The two overlay districts located in the Town of Vernon are the Planned Development 

District Entertainment and Tourism (PDET) overlay district and the Land Conservation 

(L-C) overlay district. The Planned Development District Entertainment and Tourism 

(PDET) overlay district was established for developments, “in which the principal 

activities include indoor and outdoor recreation and entertainment that relate to tourism 

activities or events” (Town of Vernon, 2005). A PDET overlay district is located directly 

south of the Village of Vernon. The Land Conservation (L-C) overlay district is intended 

to, “preserve and protect floodplains and wetlands within the town to ensure against loss 

of life and property from flooding, to maintain areas as natural stormwater retention 

basins, to maintain and improve water quality and to maintain natural areas of wildlife 

and human aesthetic enjoyment” (Town of Vernon, 2005). The Land Conservation (L-C) 

overlay district is located at Vernon Downs, which is the site of a casino entertainment 

resort and harness race track. 

The Town of Vernon, as well as the Village of Vernon, was recently contacted for 

information regarding Nation lands located within the municipalities relative to 

consistency with the town’s land use plan and/or zoning regulations. To date, information 

from the Town of Vernon regarding possible non-compliance of any or all Nation lands 

within the municipalities has yet to be provided. 

Nation Lands

Group 1 Lands 

There are 15 parcels comprised of 19 tax lots of Group 1 lands located in the Town of 

Vernon. The Group 1 lands are clustered in the northern portion of the Town of Vernon, 

near the town line and east of Verona Road. These properties include the Atunyote Golf 
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Course, active and undeveloped agricultural uses, warehouse facilities, active and vacant 

residential uses, and pastures. The Recommended Land Use Map recommends planned 

commercial/entertainment development, commercial, commercial-manufacturing, and 

agricultural land uses for those Group 1 lands. Some of these areas are identified as being 

part of the Land Conservation (L-C) overlay district. The Town of Vernon Comprehensive 

Plan contains provisions for continued development within the town. The existing uses 

are generally consistent with the future land uses assigned by the Town of Vernon 

Comprehensive Plan. 

Group 1 lands appear to be located within the Agricultural (A) zoning district, Rural 

Hamlet (RH) zoning district, Residential (R-1) zoning district, and 

Commercial/Manufacturing (C-M) zoning district. A comparison of land use and zoning 

data in Appendix G indicates that the uses characterizing these Group 1 lands are 

consistent with the municipal zoning of Nation properties. 

Group 2 Lands 

There are ten parcels comprised of 13 tax lots of Group 2 lands located in the Town of 

Vernon, which includes five tax lots located in the Village of Vernon. Group 2 lands are 

scattered throughout the Town of Vernon and they are utilized for active residential 

structures, pastures, telecommunications, agricultural uses, and commercial and office 

uses. 

Group 2 lands are generally located in the western portion of the Town of Vernon near 

and along Cooper Street. Group 2 lands in the Town of Vernon are utilized for singlefamily residential uses including Nation member housing, commercial and office uses 

including Four Directions Production, telecommunication facilities, Standing Stone 

gaming, government services and administration offices such as a warehouse/storage 

facility, active and vacant agricultural land, pastures, and undeveloped land. The land uses 

recommended for the Group 2 lands in the Town of Vernon Comprehensive Plan includes 

residential and agricultural uses. Some of these lands are located within areas designated 

by the plan as being part of the Land Conservation (L-C) overlay district. Existing uses by 

the Nation are generally consistent with the future land uses assigned by the Town of 

Vernon Comprehensive Plan. 

Within the Town of Vernon outside of the Village of Vernon, Group 2 lands are located in 

the Agricultural (A) zoning district. The uses characterizing these Group 2 lands are 

primarily consistent with the municipal zoning of Nation properties. 

Group 3 Lands 

There are four parcels comprised of five tax lots of Group 3 lands located in the Town of 

Vernon that are utilized for active and inactive agriculture. Group 3 lands located in the 

Town of Vernon include pastures and agricultural uses. The Town of Vernon 

Comprehensive Plan states that provisions should be made for the continuation of 
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agriculture as the primary economic activity in the town and recommends agricultural uses 

and residential development for those properties. Existing uses on Nation lands are, 

therefore, generally consistent with the future land uses assigned by the Town of Vernon 

Comprehensive Plan. 

Group 3 lands are located in the Agricultural (A) zoning district. The uses characterizing 

these Group 3 lands are generally consistent with the intent of the municipal zoning 

governing adjacent non-Nation properties. 

Village of Vernon 

The Village of Vernon does not have a comprehensive plan or public policy for growth 

(Verbal communication, March 2006). 

Requests for copies of the Village of Vernon Zoning Code and Zoning Map were made by 

telephone on February 16, 2006 and March 16, 2006 to the Village Clerk. A written 

request was sent to the Village Clerk on March 16, 2006 to obtain this information. The 

Village Clerk indicated that the Village of Vernon has a separate zoning code from the 

Town of Vernon during the two telephone conversations held on February 16 and March 

16, 2006 and said that she would send them. To date, this zoning code has not been 

received. The Mayor of the Village of Vernon confirmed on March 31, 2006 that the 

village has its own zoning code and zoning map and that it does not have a master or 

comprehensive plan. A letter was sent to the Mayor of the Village of Vernon on April 3, 

2006 requesting written confirmation of these statements and copies of the zoning code 

and map. To date, this information has not been received. 

City of Sherrill 

Public policy for land use, zoning, and development for the City of Sherrill is addressed in 

the Town of Vernon Comprehensive Plan. The City of Sherrill does not have a current 

Master Plan (Holmes, telephone conversation March 2006; Holmes, written 

correspondence April 7, 2006). 

The City of Sherrill Zoning Law, which was adopted by the City Commission of the City 

of Sherrill and was last amended in January 1989, governs development in this 

municipality (City of Sherrill, 1989). The City of Sherrill Zoning Law establishes six 

zoning districts that are illustrated on the City of Sherrill Zoning Map that include the 

Residential (R-1) zoning district, Residential (R-2) zoning district, Commercial (C-1) 

zoning district, Commercial (C-2) zoning district, Manufacturing (M-1) zoning district, 

and Planned Manufacturing (M-P) zoning district. These zoning districts are discussed 

below. 

Additionally, in October 2005 the Nation entered into an agreement with the City of 

Sherrill, pursuant to City of Sherrill v. Oneida Indian Nation, 125 S.CT. 1478 (2005), 

under which the Nation agreed to meet or exceed City of Sherrill health, safety, zoning 
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and signage standards and regulations generally applicable to properties located in the 

City of Sherrill (See Appendix G). In addition, for five years from the date of execution of 

the agreement, all non-compliant properties are considered conforming uses. This 

agreement can be renewed for successive five year terms. 

There are two residential zoning districts located in the City of Sherrill. Residential uses 

such as one-family dwellings as well as non-residential uses including farms, places of 

worship, schools, and parks are permitted in Residential (R-1) zoning districts. Most of 

the area located in the City of Sherrill is zoned R-1. Residential (R-1) zoning districts are 

located on the east and west sides of the City of Sherrill. Residential uses such as one, 

two, three, and four-family dwellings as well as non-residential uses including schools, 

places of worship, and philanthropic institutions are permitted in Residential (R-2) zoning 

districts. Areas zoned R-2 are located in the center and in the northeast corner of the City 

of Sherrill. 

There are two commercial zoning districts located in the City of Sherrill. The uses 

permitted in residentially-zoned districts as well as banks, firehouses, retail stores, 

restaurants, laundromats, and business signs are permitted in Commercial (C-1) zoning 

districts. There are two areas zoned C-1 in the City of Sherrill, one is located in the 

northeastern portion of the City of Sherrill near NYS Route 5 just east of the Town of 

Vernon while the other is located in the south central portion of the city north of the City 

of Oneida and west of Sherrill Road. The Commercial (C-2) zoning district permits the 

same uses allowed in a Commercial (C-1) zoning district in addition to gasoline stations, 

bowling alleys, recreation halls, printing and publishing facilities, light manufacturing, and 

public garages. Commercial (C-2) zoning districts are located along NYS Route 5 in the 

northwest and north central portion of the City of Sherrill. 

There are two manufacturing districts located in the City of Sherrill. The Manufacturing 

(M-1) zoning district permits all non-residential buildings, structures, and uses allowed in 

the residential and commercial zoning districts in addition to any other trade or industry 

subject to initial and continued compliance with performance standards as prescribed in 

Article 5 of the City of Sherrill Zoning Law. Manufacturing (M-1) zoning districts are 

located in the northern and southern portions of the City of Sherrill. The Planned 

Manufacturing (M-P) zoning district is intended to provide a means for the establishment 

of a community of industries developed according to a comprehensive plan, so located as 

to be compatible with surrounding areas and uses and to contribute to the economic 

growth of the City of Sherrill. Manufacturing uses, development or research centers, 

public utilities stations, printing plants, warehouses, and planned shopping centers are 

permitted as-of-right in areas zoned M-P. A Planned Manufacturing (M-P) zoning district 

is located in the northeast portion of the City of Sherrill. 
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Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the City of Sherrill. 

Group 2 Lands 

There are six parcels comprised of nine tax lots of Group 2 lands located within the City 

of Sherrill. These parcels include the Standing Stone retail commercial businesses, 

residential structures including Nation member housing, agricultural uses, convenience 

stores, and a SavOn gas station and convenience store that are located to the north and 

south of NYS Route 5. There is no municipal master plan to enable a comparison. 

Group 2 lands are located within a Commercial (C-2) zoning. A comparison of land use 

and zoning data in Appendix G indicates that the uses characterizing these Group 2 lands 

are consistent with the municipal zoning of Nation properties. Moreover, information 

provided by the City of Sherrill indicates that the Nation businesses located within the city 

are consistent with its zoning regulations (Sacks, Personal Communication, January 27 

and February 27, 2006). 

 Group 3 Lands 

There are two parcels comprised of two tax lots of Group 3 lands located within the City 

of Sherrill. Properties in this group are comprised of vacant residential uses and are 

located both to the north and south of NYS Route 5. There is no municipal master plan to 

enable a comparison. 

Group 3 lands are located within a Commercial (C-2) zoning. The uses characterizing 

these Group 3 lands are consistent with the intent of the municipal zoning governing 

adjacent non-Nation properties as indicated in the discussion of Group 2 lands within the 

City of Sherrill. Information provided by the City of Sherrill indicates that the Nation 

businesses located within the city are consistent with its zoning regulations (Sacks, 

Personal Communication, January 27 and February 27, 2006). 

Town of Augusta 

The Town of Augusta and the Village of Oriskany Falls adopted the General Plan of the 

Town of Augusta and the Village of Oriskany Falls in August 1972 (Town of Augusta, 

1972). The proposals and forecasts made within this plan were officially aimed at the year 

1990. No amendments or updates to the General Plan of the Town of Augusta and the 

Village of Oriskany Falls were enacted. This plan provides an introduction and analysis of 

existing conditions in the Town of Augusta, the Hamlets of Knoxboro and Augusta, and 

the Village of Oriskany Falls and includes a discussion of the community’s history, a land 

use plan, a transportation plan, a rural land use plan, and background reports. 

Additionally, the general plan recommendations for the planning area are presented in the 
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plan that includes commercial development, traffic and transportation improvements, and 

rural land use. 

The Town of Augusta Zoning Map was adopted as part of the Town of Augusta Zoning 

Ordinance on May 5, 1973. This map has been amended three times since then in January 

1986, August 1989, and June 1998 (Town of Augusta, 1998). One village and two 

hamlets are located within the Town of Augusta. The zoning districts identified in the 

Town of Augusta Zoning Ordinance are discussed below. 

There is one agricultural zoning district and one commercial zoning district in the Town of 

Augusta. Agricultural (A-1) zoning districts comprise the largest area (approximately 75 

percent) within the Town of Augusta and are located outside of the two hamlets along the 

northern, eastern, southern, and western town borders. Agricultural uses as well as single 

family dwellings, public parks, individual mobile homes, and mobile home parks are 

permitted in the Agricultural (A-1) zoning district. Commercial (C-1) zoning districts 

comprise relatively small areas within the Town of Augusta and are located in the Hamlets 

of Knoxboro and Augusta. Retail and commercial office establishments, including food 

and liquor stores, general stores, tailors, locksmiths, repair stores, stationary stores, and 

certain other commercial and services uses are permitted in Commercial (C-1) zoning 

districts. 

There are two residential zoning districts located in the Town of Augusta. Residential uses 

such as single-family dwellings, two-family owner-occupied dwellings, churches and 

similar houses of worship, public parks, and individual mobile homes are permitted in the 

Residential (R-1) zoning district. The Residential (R-2) zoning district permits all uses 

allowed in the Residential (R-1) zoning district and livestock for domestic home use. The 

Residential (R-1) zoning district is located in the southeastern portion of the Town of 

Augusta along the boundary with the Village of Oriskanny Falls and Madison County. 

Residential (R-2) zoning districts are located in the Hamlets of Knoxboro and Augusta. 

There are two industrial zoning districts designated in the Town of Augusta. The purpose 

of the Industrial (I-1) zoning district is “to delineate areas best suited for industrial 

development because of location, topography, existing facilities and relationship to other 

land uses”, (Town of Augusta, 1998). Manufacturing uses, farm uses, warehouses, 

distribution plants, wholesale businesses, and lumber yards are permitted in the Industrial 

(I-1) zoning district. However, according to the Town of August Zoning Map, there are 

no areas located within the town that are zoned I-1. The purpose of the Industrial (I-2) 

zoning district is “to delineate areas of the Town best suited for the extraction of natural 

mineral deposits and resources from the ground, and for industrial processes necessary for 

the extraction and processing of such natural mineral resources, by reason of location, 

existing facilities in relationship to other existing land uses” (Town of Augusta, 1998). 
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The Industrial (I-2) zoning district is located in the southeastern portion of the Town of 

August, north of the Village of Oriskanny Falls and west of the Town of Marshall. 

The Town of Augusta was recently contacted for information regarding Nation lands 

located within the town relative to consistency with its land use plan and/or zoning 

regulations. To date, information from the Town of Augusta regarding possible noncompliance of any or all Nation lands located within its borders has yet to be provided. 

Nation Lands 

Group 1 Lands 

There are no Group 1 lands located within the Town of Augusta. 

Group 2 Lands 

There are two parcels comprised of four tax lots located within the Town of Augusta; 

these parcels contain vacant residential uses. These four tax lots are located at the 

intersection of NYS Route 26, Oliver Road, Augusta Solsville Road, and Griffiths Road. 

The map in the General Plan of the Town of Augusta and the Village of Oriskany Falls 

identifies the area within which the Group 2 lands are located as a commercial 

concentration within the urban development area. Although no specific recommendations 

are made for the location of these Group 2 lands, the General Plan of the Town of 

Augusta and the Village of Oriskany Falls states that provisions should be made for 

expanded residential development around the Hamlet of Augusta. Existing uses on 

Nation lands are generally consistent with the future land uses assigned by the General 

Plan of the Town of Augusta and the Village of Oriskany Falls. 

Group 2 lands in the Town of Augusta are located in a Commercial (C-1) zoning district. 

The uses characterizing these Group 2 lands are not consistent with the municipal zoning 

of these Nation properties. 

Group 3 Lands 

There is one parcel comprised of two tax lots of Group 3 lands located within the Town 

of Augusta that are utilized for pastures and agricultural purposes, and for housing for the 

staff that work on these agricultural properties. These two tax lots are located to the north 

of Knoxboro Road. The map in the General Plan of the Town of Augusta and the Village 

of Oriskany Falls identifies the area within which the Group 3 lands are located as a 

commercial concentration within the urban development area. No specific 

recommendations are made for the location of the Group 3 lands. Existing uses on Nation 

lands are generally consistent with the future land uses assigned by the General Plan of the 

Town of Augusta and the Village of Oriskany Falls. Group 3 lands in the Town of 

Augusta are located in an Agriculture (A-1) zoning district. The uses characterizing these 

Group 3 lands are consistent with the municipal zoning of these Nation properties. 
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City of Rome 

Although Nation lands are not located within the City of Rome, these lands are located 

within the Study Area, which includes an area within a 1,000-foot radius from Nation 

lands. Therefore, a description of Land Use Plans in the City of Rome is provided. The 

City of Rome has a Comprehensive Master Plan, which was adopted in 2004 by the City 

Common Council, which provides a set of nine goals and an action plan which provides 

guidance regarding future policy and development decisions for city leaders to consider. 

The community goals include a stable tax base, a business friendly community, a modern 

workforce, housing of choice, twenty-first century infrastructure, a healthy community 

and environment, and rich urban amenities. However, because Nation lands are not 

located within the City of Rome, there is no basis with which to enable a comparison. 

As stated, Nation lands are not located within the City of Rome. However, because some 

properties are located within a 1,000-foot radius of Nation lands in the northern part of 

the Town of Verona, an assessment of zoning in the section of the City of Rome located 

within the Study Area is provided. The City of Rome Zoning Code was adopted by the 

City of Rome Common Council on April 28, 2004 (Ordinance 7802) (City of Rome, 

2004). The City of Rome zoning districts that are located in the closest proximity to 

Nation lands in the Town of Verona are the Rural Residential (R-R) zoning district and 

the Preservation Zone (P-Z) zoning district, which are discussed below. 

The City of Rome Zoning Code establishes five different residential zoning districts 

including the Single-family Residential (R-1) zoning district; the Single-family, Small-lot 

Residential (R-2) zoning district; the Multi-family Residential (R-3) zoning district; the 

Residential Professional (R-P) zoning district; and the Rural Residential (R-R) zoning 

district. The Rural Residential (R-R) zoning district was intended to, “provide for low 

density rural residential development with some agricultural uses permitted in order to 

provide for rural residential living and preserve open space and rural character in the outer 

district” (City of Rome, 2004). This zoning district permits detached single-family 

dwellings, state-certified modular dwellings, publicly-owned schools, government 

structures or uses, churches and religious institutions, while farms, nurseries, greenhouses 

and similar agricultural uses, seasonal roadside stands, animal kennels, family day care 

homes, and certain other uses are permitted as accessory uses. 

The Preservation Zone (P-Z) zoning district, as indicated in the City of Rome Zoning 

Code, “is designed to protect land from current development where soil, water and access 

conditions make beneficial development possible only under special conditions. The 

characteristics of the topography, drainage, floodplains and other natural characteristics of 

land in this zoned may cause damage to buildings or structures and possible danger to 

health due to the processes of nature. All development of the land within this district shall 

be reviewed on an individual basis in order to ensure that the land is capable of supporting 

the proposed development and to further ensure that the environment is protected before 
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such proposed development commences” (City of Rome, 2004). Uses permitted in the 

Preservation Zone (P-Z) zoning district include the residences that were located within the 

area prior to its establishment as a zoning district; passive recreation facilities, farms, 

nurseries, greenhouses, stormwater retention/detention ponds, boat launches, and other 

uses permitted by special permit; and permitted accessory uses including private garages or 

carports, family day care homes, group family day care, seasonal storage for recreational 

vehicles, and other uses. 

Group 2 and 3 lands within the 1,000-foot radius of the City of Rome are located in the 

Town of Verona. These lands are utilized for Nation housing and inactive wooded areas. 

The uses characterizing these Group 2 and 3 lands are generally consistent with the intent 

of the municipal zoning governing adjacent non-Nation properties. 

Town of Westmoreland 

Areas in the northwest part of the Town of Westmoreland are located within the Study 

Area, therefore, a description of zoning districts in the Town of Westmoreland that are 

located within the Study Area is provided. The Town of Westmoreland Comprehensive 

Plan dated October 1995 provides recommendations for development and land use within 

the town. However, because Nation lands are not located within the Town of 

Westmoreland, there is no basis with which to enable a comparison. 

As stated, Nation lands are not located in the Town of Westmoreland. However, because 

some properties are located within the 1,000-foot radius of Nation lands located within 

the Town of Verona, an assessment of zoning in the portion of the Town of Westmoreland 

located within the Study Area is provided. The Town of Westmoreland Zoning Ordinance 

was adopted in August 1964. This ordinance has since been revised and was re-issued in 

January 2005 (Town of Westmoreland, 2005). 

The zoning district in the Town of Westmoreland that is located in the closest proximity 

to Nation lands in the Town of Verona is the Residential One-Family (R-3) zoning district. 

The Residential One-family (R-3) zoning district permits detached one-family dwellings, 

churches or similar places of worship, public parks and playgrounds, public and private 

elementary schools and high schools, and fire stations or other public services. The 

following uses are also permitted in this zoning district once a Special Use Permit is 

obtained from the Zoning Board of Appeals: two-family houses, riding stables, and 

temporary fruit stands. 

Group 3 lands located within the 1,000-foot radius of the Town of Westmoreland are in 

the Town of Verona and are utilized for inactive agricultural land. The uses characterizing 

these Group 3 lands are generally consistent with the intent of the municipal zoning 

governing adjacent non-Nation properties. 
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3.8.6.3 Madison County Land Use Plans and Zoning 

The land use plans and zoning discussions below provide a brief assessment of existing 

and proposed land use plans for each community within Madison County in which Nation 

lands are located. The zoning discussion below provides a brief assessment of permitted 

uses, special permit uses, conditional uses, and the purposes of each zoning district as 

identified by each municipality located in Madison County. The lists of permitted land 

uses, special permit uses, and conditional uses are not meant to be exhaustive and 

comprehensive, but rather are intended to provide a general understanding of the types of 

uses permitted by the zoning regulations of each municipality. Additional bulk, height, 

use, zoning, parking, and developmental regulations pertaining to each municipality and 

can be reviewed in the individual zoning or land use law that are referenced in the text. 

It should be noted that Madison County has recently adopted an Agriculture and 

Farmland Protection Plan and has identified the importance of incorporating farmland 

protection into local planning and zoning laws (Madison County Farmland Protection 

Board, 2005). Accordingly, Madison County plans to encourage municipalities to adopt 

zoning laws featuring districts that serve to protect agricultural land uses. In addition, 

Madison County intends to facilitate the development of municipal comprehensive 

development plans that are conducive to both agriculture and agri-business. 

City of Oneida 

The City of Oneida Comprehensive Plan was adopted in September 2005 (City of Oneida, 

2005). This plan provides a community profile and action items to help achieve those 

goals and objectives identified within it. The City of Oneida Comprehensive Plan 

identifies the following as its goals: 

• Provide a transportation system that alleviates congestion while providing 

adequate provisions for pedestrians; 

• Upgrade and maintain the City of Oneida’s infrastructure; 

• Reestablish the downtown as the City of Oneida’s central business district; 

• Provide a variety of high quality housing opportunities; 

• Improve land management by updating the City of Oneida’s Zoning Ordinance; 

• Develop a focused city-wide economic development plan; and 

• Utilize potential and existing recreational and educational facilities to support 

opportunities for youth and area residents. 

Additionally, the City of Oneida adopted a Downtown Strategic Plan in January 2002. 

This plan provides planning and land use strategies, an assessment of existing land use 

conditions, results of a parking and streetscape zoning analysis, a housing needs analysis, a 

master concept plan, implementation strategies for the downtown business districts, and 

guidelines for future concentrated community development activity. The Downtown 
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Strategic Plan identifies target areas in the downtown and it states the goals for this area of 

the City of Oneida which includes the following: 

• To improve the appearance of the downtown; 

• To improve the existing housing conditions and expand housing options; 

• To bolster the downtown area of the City of Oneida’s role as a regional business 

and employment hub; 

• Create a unique downtown experience by creative development of areas east of 

Main Street for specialty retail, entertainment and complementary uses; and 

• To enhance multi-generational recreational opportunities. 

Additionally, in March 2006 the Nation entered into an agreement with the City of 

Oneida under which on those parcels owned or acquired by the Nation that are located 

within the city, the Nation agreed to enforce standards that will meet or exceed the City of 

Oneida’s land use, zoning, and comprehensive plan standards and other rules generally set 

forth in the City Code. The agreement states that, “The Nation will enact ordinances 

and/or standards that provide for future development of its parcels in the City to be 

pursued in a manner consistent with the City's comprehensive plan as it exists on the date 

of this Agreement, until the parcel(s) are conveyed into trust by the United States for the 

benefit of the Nation or set aside by the United States for the Nation in the future by or 

pursuant to federal statute, whichever is earlier.” (Agreement between City of Oneida and 

the Nation). The Nation also agreed to, “Undertake reasonable efforts to have future 

development comport with the City's comprehensive plan as it exists on the date of this

Agreement and with the new zoning ordinance which is anticipated to be enacted in the 

near future.” (Agreement between City of Oneida and the Nation). According to the 

agreement, the City of Oneida agreed that this does not limit the right of the Nation to 

have and to enforce public health, safety, and other standards that exceed those of the city. 

The Village of the White Pines member housing complex is located in an R1 zone. While 

this zone permits residential uses as-of-right, it permits only single-family residential uses. 

Therefore, the parcels containing this housing development are presently inconsistent with 

the zoning rules and regulations governing the area in which it is located. However, under 

the agreement between the Nation and the City of Oneida, the complex as well as any 

other non-conforming use in the City, is considered a conforming use. This agreement 

expires in 2011 or when the lands are conveyed into trust. 

The City of Oneida adopted a City Code and is not governed by county or town land use 

or zoning regulations. The City Zoning Code, which is part of the City Code, was adopted 

by the Common Council of the City of Oneida on May 22, 1979 and was amended 

multiple times, most recently on February 18, 1992 (City of Oneida, 1992). The City 

Zoning Code is in compliance with the findings and objectives of the City of Oneida 

Comprehensive Plan. 
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There are several zoning districts located in the City of Oneida. The Agricultural (A) 

zoning district comprises approximately one half of the area in the City of Oneida. 

Agricultural (A) zoning districts are generally located in three main areas in the City of 

Oneida, between West Road and the Oneida Creek north of Peterboro Road, south of 

NYS Route 5 to the city limits, and north of West Elm Street to the city limits and Oneida 

Creek. There are three different residential zoning designations in the City of Oneida; 

these zoning districts comprise approximately 25 percent of the area in the City of Oneida. 

The Residential (R1) zoning district permits single-family residential dwellings while 

mobile dwellings for farm use are conditionally permitted. There are four areas zoned R1 

in the City of Oneida. The largest area zoned R1 is located in the southeastern portion of 

the City of Oneida where the Village of the White Pines is located and the three other 

areas zoned R1 are located in the central portion, in the west central portion, and in the 

northeastern portion of the city. The Residential (R2) zoning districts permit single and 

two-family houses as well as duplexes, with nursing homes being conditionally permitted. 

There are four areas zoned R2 within the City of Oneida; the majority of land in 

Residential (R2) zoning districts is located in the downtown area of the City of Oneida. 

The Residential (R3) zoning district allows for single, two, three, and four-family 

dwellings and duplexes. The four areas zoned R3 also are located in the downtown area of 

the City of Oneida. The Planned-Residential (RP) zoning district permits conditionally all 

those uses permitted by-right or conditionally in residential zoning districts and all uses 

require a Special Use Permit. One area in the City of Oneida is zoned RP and is located on 

the south side of the intersection of Sayles Street and NYS Route 5. Business (B) zoning 

districts are located mainly in two areas in the City of Oneida, south of NYS Route 5 

along Seneca Street and along Peterboro Road between NYS Route 33 and Oneida Creek. 

The Business (B) zoning district permits as conditional uses those uses which are permitted 

as-of-right under the Residential (R3) zoning district. Commercially-zoned areas are 

located along the main highways and the urbanized areas of the City of Oneida. The 

Commercial (C) zoning district permits retail stores, offices, financial institutions, home 

businesses, gas stations, existing dwellings, and other commercial and retail uses. There 

are no uses permitted by right in the Manufacturing-Industrial (M-I) zoning district, all 

uses are conditional and, therefore, require a Special Use Permit from the City of Oneida’s 

Planning Commission including uses permitted in the Commercial (C) zoning district as 

well as light manufacturing, assembly uses, research centers, bottling plants, junkyards, 

and other industrial uses. 

It should be noted that the City of Oneida has recently adopted a new zoning map and 

City Zoning Code, but as of yet no information has been obtained. In the Wednesday 

April 19, 2006 edition of the Syracuse Post Standard, an article entitled Council OKs Plan 

for Zoning Changes by Aaron Gifford detailed changes to the zoning map within the City 

of Oneida. According to Mr. Gifford, “The Oneida Common Council approved a series 
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of zone changes Tuesday that are expected to foster growth on the city's west side, protect 

homeowners from commercial sprawl, preserve the rural character of some neighborhoods 

and encourage the local hospital and school district to expand into areas that were 

previously restricted to homes. The new zoning map comprises several zone changes made 

by the council under one unanimous vote. It includes a buffer zone in the areas between 

residential neighborhoods and strip malls, designates areas where property owners can run 

businesses out of their homes, and eliminates a residency requirement in some historic 

residential neighborhoods where accountants, engineers and other types of professionals 

were required to live in the same structure where they practiced” (Syracuse Post-Standard, 

2006). Zoning changes within the City of Oneida as detailed in the article include, 

“Residential property between West Elm and Genesee streets has been redesignated from 

residential use to commercial, making that land attractive to retailers who might want to 

set up shop in a neighborhood that already includes Wal-Mart and Tractor Supply Co.” 

In addition, “Four properties near the intersection of Routes 5 and 46 have been rezoned 

from manufacturing and industrial (M-I) to commercial, even though all four property 

owners submitted a petition opposing the change, saying their land would be worth more 

under the less restrictive M-I designation. All current uses by those four property owners 

will be grandfathered in under the new zoning map” (Syracuse Post-Standard, 2006). 

The City of Oneida was recently contacted for information regarding Nation lands located 

within its borders relative to consistency with the city’s land use plan and/or zoning 

regulations. To date, information from the City of Oneida regarding possible noncompliance of any or all Nation lands located within the city has yet to be provided. 

However, under the agreement between the Nation and the City of Oneida, nonconforming properties identified in Appendix G are considered conforming. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the City of Oneida. 

Group 2 Lands 

There are 35 parcels comprised of 40 tax lots of Group 2 lands located within the City of 

Oneida. These Group 2 lands include the Oneida Nation Cultural Center, burial grounds, 

Sav-On gas stations and convenience stores, pastures, active and undeveloped farmland, 

the Village of the White Pines Nation member housing, an educational facility, a fitness 

center, active and vacant residential structures, vacant and undeveloped parcels, 

commercial uses, warehouses, and community facilities. Existing uses of Nation lands are 

generally consistent with the future land uses assigned by the City of Oneida 

Comprehensive Plan. 

Group 2 lands in the southeastern portion of the City of Oneida are located within a 

Residential (R1) zoning district. There is also one parcel located in the northeastern 
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portion of the City of Oneida that is in a Residential (R3) zoning district. Parcels located 

to the west of Glenwood Avenue are located within the Agricultural (A) zoning district. In 

addition, multiple parcels located in the central portion of the City of Oneida near Lenox 

Avenue, multiple parcels located just north of Seneca Avenue/Genesee Street, and two 

parcels located in the northeastern portion of the city on both sides of NYS Route 365 are 

located in the Manufacturing-Industrial (M-I) zoning district. 

Within the Manufacturing-Industrial (M-I) zoning district, Nation lands are utilized for 

SavOn gas stations and convenience stores, a wholesale distribution center, vacant and 

active warehouses, Nation member housing, Nation government services offices, and the 

Nation communications/media relations office. These uses are generally consistent with 

the municipal zoning for those areas. In the Residential (R3) zoning district, there are 

active residential uses that are generally consistent with the municipal zoning for this area. 

Within the Residential (R1) zoning district, there are varied uses consisting of Nation 

member housing including the Village of the White Pines Nation member housing 

complex, vacant residential uses, pastures, areas for hunting and fishing, Nation 

government services offices, and historical burial grounds. The residential uses are 

generally consistent with the municipal zoning for this area, though the Village of the 

White Pines Nation member housing complex, as stated, is located within a Residential 

(R1) zoning district that only permits single-family residential uses as-of-right. However, 

as a result of the agreement between the Nation and the City of Oneida, the Village of the 

White Pines Nation member housing complex, as well as other non-conforming uses in the 

city, is considered a conforming use. The non-residential uses do not significantly conflict 

with the municipal zoning rules governed by the Residential (R1) zoning district. 

Therefore, the uses of the Group 2 lands located within the City of Oneida are partially 

consistent with the municipal zoning of the various zoning districts in which they are 

located. 

Group 3 Lands 

There are four parcels comprised of five tax lots of Group 3 lands located within the City 

of Oneida. These Group 3 lands are located just to the west of Glenwood Avenue and 

generally include active agricultural uses, active and vacant residential uses, warehouses, 

and industrial uses including a 99-acre inoperative sand and gravel pit. Existing uses of 

Nation lands are generally consistent with the future land uses assigned by the City of 

Oneida Comprehensive Plan. 

Group 3 lands are located within the Agricultural (A) and Residential (R1) zoning 

districts. Based on land use and zoning data in Appendix G, the uses characterizing these 

Group 3 lands are consistent with the municipal zoning of Nation properties. 
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Town of Lenox 

The Town of Lenox does not have an adopted Master or Comprehensive Plan; however, 

the Town of Lenox and the Villages of Canastota and Wampsville prepared planning 

studies in the 1950’s and 1960’s that include surveys and assessments of these 

communities (Gazda, 2006; Town of Lenox, July 1959; Town of Lenox, September 1960). 

The planning studies provide a review and analysis of existing conditions of zoning, streets 

and highways, community characteristics, business districts, housing, and community 

facilities, and proposed capital improvements in addition to other elements of the 

community. Additionally, the planning studies provide an assessment of existing land uses 

at the time of their preparation. These planning studies emphasize the importance of 

agriculture and the future significance of seasonal housing in the community and note that 

agriculture was the predominant land use (Town of Lenox, September 1959). One of the 

studies proposed in the 1950’s and 1960’s was the Community Facilities, Public Utilities, 

and Development Plan Study that contains recommendations for land use in the Village of 

Canastota. 

The Town Code for Lenox was adopted by the Town Board on December 10, 1984 as 

Local Law 5-1984. Since then, amendments have been made to the Town Code for Lenox. 

(Town of Lenox, 1994). The Town Code for Lenox identifies several zoning districts and 

one overlay district in the Town of Lenox. These districts are discussed in detail below. 

The Town of Lenox has five residential zoning districts. The Residential (RA-1), (RA-2), 

and (RA-3) zoning districts are low-density residential districts. Areas zoned RA-1 are 

located in the northern portion of the Town of Lenox along NYS Route 31 and in the 

southern portion of the town along NYS Route 5. Areas zoned RA-2 are located in the 

southern part of the Town of Lenox, south of I-90 and NYS Route 5. Residential (RA-3) 

zoning districts are located in the northern portion of the Town of Lenox north of NYS 

Route 31 near Oneida Lake and there is one area zoned RA-3 located south of NYS Route 

5. The Residential (RB) zoning district is intended for medium-density residential uses. 

These Residential (RB) zoning districts are located predominantly in the southern portion 

of the Town of Lenox, to the south and west of the Village of Canastota. The highdensity Residential (RC) zoning district permits a variety of residential dwellings. Areas 

zoned RC are generally small or moderately-sized and are located south of NYS Route 5 

near the Village of Canastota, north of NYS Route 5 near the Town of Sullivan, on NYS 

Route 15 north of the Village of Canastota, and north of NYS Route 31 west of Lewis 

Point Road. 

There are two agricultural zoning districts located within the Town of Lenox. The 

Agricultural (AG) zoning district was proposed, “as a means of preserving prime 

agricultural lands and thus protecting the agricultural base of the Town of Lenox” (Town 

of Lenox, 1994). A moderately-sized Agricultural (AG) zoning district is located along the 

Town of Lincoln border and a large area zoned AG is located in the central portion of the 
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Town of Lenox, bounded by the Village of Canastota and the Town of Lenox. The 

Agricultural/Residential (AR) zoning district permits single-family dwellings, farms, and 

related agricultural activities. As stated in the Town Code for Lenox, “the purpose of this 

zoning district is to keep good farm lands in production as long as possible, while 

providing an overflow area for residential development once all other zones are built up” 

(Town of Lenox, 1994). The Agricultural/Residential (AR) zoning district comprises the 

largest area in the Town of Lenox and is located throughout this municipality, especially 

in its central portions north, east, and west of the Village of Canastota. 

Commercial zoning was established to accommodate small stores and businesses that 

would service the immediate neighborhood in which they are located. The 

Business/Commercial General (BG) zoning district permits the following uses: boat sales, 

rental, storage and repairs, beach or swimming pools with bath houses and accessory 

services, restaurants, and other moderate intensity land uses. Moderately-sized areas 

located along NYS Route 31 in the northern part of the Town of Lenox are in the 

Business/Commercial Recreational (BR) zoning district. This zoning district permits boat 

sale and rental facilities, beaches or swimming pools, restaurants, social facilities, and 

motels/hotels. 

The Town Code for Lenox identifies the Industrial/Manufacturing (IM) zoning district as, 

“This district consists of areas which have already developed as industrial or 

manufacturing uses or, because of the proximity to transportation routes have the 

potential for providing locations for industry, manufacturing research and development” 

(Town of Lenox, 1994). A few properties located in the Town of Lenox are zoned IM and 

are generally located in the southern part of the town near NYS Route 5. One moderatelysized property located in the southeastern portion of the Town of Lenox that is bounded 

by the Village of Wampsville is zoned IM. 

The remaining two zoning districts and an overlay district located in the Town of Lenox 

are the Conservation/Outdoor Recreation (CR) zoning district, Major Highway (HY) 

overlay district, and the Planned Development (PD) zoning district. The 

Conservation/Outdoor Recreation (CR) zoning district permits farms that contain 

customary farm buildings for the storage of products or equipment located on the same 

parcel as the principal use, orchards, non-intensive outdoor recreation, and golf courses. 

Areas zoned CR are located in the north central and northwestern portions of the Town of 

Lenox, near Lewis Road. All individual properties fronting NYS Routes 5, 23, 31, and 

316 are located in the Major Highway (HY) overlay district. This district, “is designed to 

discourage strip development along existing main arterials, to diminish traffic hazards to 

residents and to provide and protect a safe and efficient flow of traffic along major routes 

by limiting the density of development directly along such routes” (Town of Lenox, 1994). 

Bed and breakfast establishments may be permitted with a Special Use Permit in the Major 

Highway (HY) overlay district. The Planned Development (PD) zoning district permits 
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“the establishment of areas in which diverse residential, commercial and industrial uses 

may be brought together as a compatible and unified plan of development which is in the 

interest of the general welfare of the public” (Town of Lenox, 1994). A Planned 

Development (PD) zoning district is located in the central portion of the Town of Lenox 

near NYS Route 5. 

The Town of Lenox was recently contacted for information regarding Nation lands 

located within the town relative to consistency with its land use plan and/or zoning 

regulations. To date, information regarding possible non-compliance of any or all Nation 

lands located within the Town of Lenox has yet to be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Lenox. 

Group 2 Lands 

There are 18 parcels comprised of 25 tax lots of Group 2 lands located within the Town 

of Lenox; these parcels do not include Nation lands located within the Village of 

Canastota. The Group 2 lands are generally comprised of active agricultural uses and 

active and vacant residential structures towards the center of the Town of Lenox. Group 2 

lands are also utilized for boat repair, the Marion Manor Marina, residential uses 

including Nation member housing, undeveloped properties, and a SavOn gas station and 

convenience store located along and near Oneida Lake in the northern part of the Town of 

Lenox. One parcel that is adjacent to the Town of Sullivan has rural residential uses. 

The planning studies referenced above that were prepared in the late 1950’s and early 

1960’s included a Land Use Development Plan Map for the Town of Lenox. This map 

assigns residential recreational and commercial uses for the areas located in the northern 

part of the Town of Lenox. The Land Use Development Plan Map recommends low 

density residential uses and rural residential uses for Nation lands located outside of and 

near the Village of Canastota. Additionally, this map assigns rural residential uses for the 

parcel located along the Sullivan town line. 

Group 2 lands are located within one of the following zoning districts: Agricultural (AG) 

zoning district, Agricultural/Residential (AR) zoning district, Business/Commercial General 

(BG) zoning district, Business/Commercial Recreational (BR) zoning district, and the 

Conservation/Outdoor Recreation (CR) zoning district. Based on information provided by 

the Town of Lenox, there are some Nation lands located within the town that are noncompliant with town local laws that include zoning regulations, while other Nation lands 

are considered non-compliant due to a lack of proper permits (Stagnitti, Personal 

Communication, July 19, 2006). A lack of proper permits is not part of the discussion for 

this section. However, while there are concerns about Nation lands not being consistent 

with zoning regulations, a comparison of land use and zoning data in Appendix G 
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indicates there are very few properties which are considered to be non-compliant. 

Therefore, the uses characterizing these Group 2 lands are generally consistent with the 

municipal zoning of Nation properties. 

Group 3 Lands 

There are four parcels comprised of nine tax lots of Group 3 lands located within the area 

of the Town of Lenox that is outside of the Village of Canastota. These Group 3 lands, 

which are located in the northern part of the Town of Lenox and in areas immediately to 

the north of the Village of Canastota, include such uses as active agricultural properties, a 

residential property, and undeveloped land. 

The Land Development Plan Map assigns residential-recreational and rural residential uses 

to Group 3 lands located along NYS Route 31 and to those Group 3 lands located just 

north of the Village of Canastota. Three of these parcels are located within the 

Business/Commercial Recreational (BR) zoning district and are inactive wooded areas and 

wetlands. The remaining parcel is located in an Agricultural (AG) zoning district and is an 

inactive wooded area. A comparison of land use and zoning data in Appendix G 

indicates that the uses characterizing these Group 3 lands are primarily consistent with the 

municipal zoning of Nation properties. 

Village of Canastota 

The Villages of Canastota and Wampsville located in the Town of Lenox do not have 

adopted comprehensive plans (Gazda, 2006). However, studies were conducted in the late 

1950’s and early 1960’s that assessed existing conditions within the Villages of Canastota 

and Wampsville, and the Town of Lenox; these studies were not adopted by the Village of 

Canastota. The studies assessed housing conditions, streets and highways, the downtown 

business districts, community characteristics, population trends, and land use. An 

illustrative Central Business District Renewal Plan is provided for the downtown Village of 

Canastota in the Business District Study. Additionally, a housing survey provides an 

assessment of the existing housing conditions in each neighborhood in the downtown 

areas of the Village of Canastota (Town of Lenox and Villages of Canastota and 

Wampsville, July, 1959; Town of Lenox and Villages of Canastota and Wampsville, 

March 1960; and Town of Lenox and Villages of Canastota and Wampsville, September 

1960). As identified under the discussion for the Town of Lenox, a proposed Land Use 

Development Plan was included in the Community Facilities, Public Utilities, and 

Development Plan Study that provides land use and development recommendations for the 

Village of Canastota. 

A Master Plan Report for Canal Town, U.S.A. was prepared for the Village of Canastota 

in 1968 (Glavin, 1968); however, there is no record of it being adopted by the village. This 

report reflects an assessment of preliminary plans, consideration of the downtown area of 

the Village of Canastota as a historic area, and recommended phasing strategies for future 

development within the village. The Master Plan Report for Canal Town, U.S.A. 
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recommends that immediate priority be given to the development of a historic Canal 

Town located along the Erie Canal within the Village of Canastota. This report provides 

an architectural survey of the Village of Canastota, a design analysis, and land use and 

development recommendations for a historic Canal Town. (Glavin, 1968) 

The Village of Canastota is governed by the General Code of the Village of Canastota that 

was updated on October 15, 2005 by the Board of Trustees of the Village of Canastota 

(Village of Canastota, 2005). The Village of Canastota is divided into several zoning 

districts that are described below. 

Agricultural (AG) zoning districts are located predominantly along the north and west 

boundaries of the Village of Canastota as well as along Canal Street, in the central and 

southern portions of the village. Areas zoned AG comprises approximately 25 percent of 

the area in the Village of Canastota. The general uses permitted in an Agricultural (AG) 

zoning district are agricultural uses, single-family and two-family dwellings, schools, 

religious institutions, community centers, and other uses that require large areas of land. 

There are three residential zoning districts located within the Village of Canastota. The 

Residential (R1) zoning district permits single family residential uses while the Residential 

(R2) zoning district permits one and two-family residential uses. The Multiple Residential 

District (RM) permits one, two, and multiple family dwellings. Residential zones comprise 

approximately one third of the area of the Village of Canastota and are located mainly in 

the central and southern portions of the village. 

The Village of Canastota has both commercial and industrial zoning districts. The 

General Commercial (CM) zoning district permits a variety of commercial uses including 

retail stores, retail services, personal services, business offices, restaurants and bars, hotels, 

motels, and other commercial, accessory, and public uses. General Commercial (CM) 

zoning districts are located along the southern and central parts of the Village of 

Canastota and along I-90. Enclosed manufacturing industries, enclosed warehouses or 

wholesale facilities, public utilities, enclosed service and repair uses, and other high 

intensity land uses are permitted in the Industrial (IN) zoning district. Community centers, 

recreational facilities, public utilities, enclosed warehouses, wholesale businesses, enclosed 

manufacturing industries, enclosed industrial service and repair facilities, and other high 

intensity land uses are permitted in the Industrial Park Development zoning district. The 

intent of this zoning district, as identified in the General Code of the Village of Canastota, 

is “to establish land use regulations and a review procedure for the development of land in 

this district” (Village of Canastota, 2005). The land located in the Industrial Park 

Development zoning district is sold and/or developed strictly to entice new industry and 

industrial-related business into this district and to allow existing community industries and 

businesses to undergo major expansion. The Industrial Park Development zoning district 
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is located in the Village of Canastota’s southwest corner, on the southern side of Canal 

Street and north of I-90. 

There are two mobile home zoning districts located in the Village of Canastota. The 

Mobile Home (MH) zoning district allows uses that are permitted in the Residential (R2) 

zoning district and mobile homes with certain restrictions. An area zoned MH is located 

on the north side of Canal Street along West and Getmac Avenues in the Village of 

Canastota. The Mobile Home Park/Development (MH-P) zoning district permits office 

buildings, single-family mobile home dwellings, recreational areas, and accessory uses. 

Areas zoned MH-P are located in the western portion of the Village of Canastota, just 

north of State Street and just east of the Town of Lenox. 

As indicated in the General Code for the Village of Canastota, the purpose of the Planned 

Development (PD) zoning district is to, “permit the establishment of areas in which diverse 

residential, commercial, and industrial uses may be brought together as a compatible and 

unified plan of development which is in the interest and the general welfare of the public” 

(Village of Canastota, 2005). The Planned Development (PD) zoning district provides for 

area, yard, coverage, height, and supplementary regulation requirements that are 

comparable to the minimum requirements in appropriate residential, commercial or 

industrial zoning districts for each specific use, except where the Village of Canastota 

Planning Board finds that it is in the public interest to modify these requirements. One 

area located within the Village of Canastota is on the southern side of I-90 and is zoned 

PD. 

The purpose of the Floodway (FW-1) zoning district in the Village of Canastota is to, 

“protect the health, safety, and welfare of the inhabitants of the village from hazards due 

to periodic flooding. This protection shall include the protection of persons and property, 

the preservation of water quality and the minimizing of expenditures for relief, insurance, 

and flood-control projects” (Village of Canastota, 2005). As identified in the General 

Code of the Village of Canastota, the Floodway (FW-1) zoning district consists of the area 

comprising the channel of a watercourse and the adjacent land required to carry and 

discharge a flood of a given magnitude. Information regarding the location of FW-1 

zoning districts in the Village of Canastota was not provided by this municipality. 

The Village of Canastota was recently contacted for information regarding Nation lands 

located within the village relative to consistency with its land use plan and/or zoning 

regulations. To date, information regarding possible non-compliance of any or all Nation 

lands located within the Village of Canastota has yet to be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Village of Canastota. 
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Group 2 Lands 

There are 13 parcels comprised of 13 tax lots of Group 2 lands located within the Village 

of Canastota. These parcels include administrative offices of the Oneida Nation Police 

Department located in the Central Business District, a SavOn gas station and convenience 

store, active and abandoned agricultural properties, mining, undeveloped land, and active 

and abandoned residential uses located near and adjacent to I-90. The housing survey 

provides recommendations for an urban renewal plan for the Village of Canastota and it 

identifies the area where the administrative offices of the Oneida Nation Police 

Department are located as a renewal area. This survey notes the presence of substandard 

buildings, mix of land uses, and other conditions that may qualify the downtown area as 

an urban redevelopment project (Town of Lenox and Villages of Canastota and 

Wampsville, March 1960). The proposed Land Use Development Plan assigns commercial 

uses to the downtown area of the Village of Canastota and it assigns low density 

residential, medium density residential, and rural residential uses for areas located along I90. There is no municipal master plan to enable a comparison of Nation land use. 

Group 2 lands are located within Agricultural (AG) zoning districts, Industrial (IN) zoning 

districts, General Commercial (CM) zoning districts, and Residential (R2) zoning districts. 

The uses characterizing these Group 2 lands are generally consistent with the municipal 

zoning governing adjacent non-Nation properties. 

Group 3 Lands 

There are no Group 3 lands located within the Village of Canastota. 

Town of Stockbridge 

The Town of Stockbridge does not have an adopted Comprehensive Plan (Jones verbal 

communication, 2006). The Land Use Law for the Town of Stockbridge was enacted in 

October 1989 and was most recently amended in May 2003 (Town of Stockbridge, 2003). 

There are two zoning districts and two overlay districts identified in the Land Use Law for 

the Town of Stockbridge. These districts are discussed in detail below. 

As stated in the Land Use Law for the Town of Stockbridge in regard to the 

Agricultural/Residential/Commercial (ARC) zoning district, “the purpose of this district is 

to preserve farm lands and adjoining settlements as long as possible, to provide for 

separate residences of all kinds, and to invite other uses, under certain controls, in order to 

assure the livelihood and enjoyment of all those who live there” (Town of Stockbridge, 

2003). Single-family dwellings including mobile or modular homes, two-family dwellings, 

farms and farm buildings already present and/or related to agricultural activities, orchards, 

tree nurseries, and reforestation areas are permitted in the Agricultural/Residential/ 

Commercial (ARC) zoning district. This zoning district encompasses all of the land located 

within the Town of Stockbridge outside the Village of Munnsville as well as 10 percent of 

the land located within the village. Residential uses including single, two, and multifamily dwellings are permitted in the Town of Stockbridge’s Residential (RD) zoning 
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district. The remaining 90 percent of the land located within the Village of Munnsville is 

zoned RD. According to the Land Use Law for the Town of Stockbridge in regard to the 

Aquifer Protection (AP-1) and (AP-2) overlay districts, “the purpose and intent of the 

Aquifer Overlay District is, in the interest of public health, safety, and general welfare to 

preserve the quality and quantity of the Town’s groundwater resources in order to insure a 

safe and healthy drinking water supply” (Town of Stockbridge, 2003). Areas in the Town 

of Stockbridge that are zoned AP-1 are underlain by aquifer areas with a high potential for 

contamination, while areas zoned AP-2 are underlain by aquifer areas with a moderate 

potential for contamination. The areas zoned AP-1 and AP-2 are located in the central 

portion of the Town of Stockbridge, stretching from the border with the City of Oneida 

and the Town of Vernon in the north to the Towns of Eaton and Madison in the south. 

The Town of Stockbridge was recently contacted to obtain information regarding Nation 

lands located within its borders relative to consistency with the town’s land use plan 

and/or zoning regulations. To date, conclusive information regarding possible noncompliance of any or all Nation lands located within the Town of Stockbridge has yet to 

be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Stockbridge. 

Group 2 Lands 

There is one parcel comprised of one tax lot of Group 2 lands located within the Town of 

Stockbridge. This parcel is located in the southwestern portion of the Town of 

Stockbridge, to the west of NYS Route 46 and consists of a gravel pit and mining quarry 

(Pratts Sand and Gravel Pit). There is no municipal master plan to enable a comparison 

with the use of this parcel. 

This one parcel is located in an Agricultural/Residential/Commercial (ARC) zoning 

district. The use characterizing this Group 2 land is consistent with the municipal zoning 

of this Nation property. 

Group 3 Lands 

There are 27 parcels comprised of 47 tax lots of Group 3 lands located within the Town 

of Stockbridge. These parcels are located primarily in the eastern and northern portions of 

the Town of Stockbridge. These parcels are utilized for Nation member housing, active 

crops, pastures, undeveloped agriculture, residential, outdoor activities, wetlands, wooded 

areas, a Nation cattle facility, and livestock raising. There is no municipal master plan to 

enable a comparison with the uses on these lands. 

These parcels are located in an Agricultural/Residential/Commercial (ARC) zoning district. 

A comparison of land use and zoning data in Appendix G indicates that the use 
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characterizing these Group 3 lands are consistent with the municipal zoning of Nation 

properties. Based on information provided by the Town of Stockbridge, there are some 

Nation lands located within the town that are non-compliant with town codes due to a 

lack of permits (Stepanski, Personal Communication, July 21, 2006). However, this 

section of the Draft EIS is only concerned with whether or not land uses on Nation lands 

are consistent with the intent of the municipal zoning in the communities in which they are 

located and non-conformance due to a lack of proper permits is not a part of this 

discussion. 

Town of Cazenovia 

The Land Use Guide of Cazenovia was copyrighted in 1984 and is a, “resource inventory 

as well as a guide to future action for the preservation of the character of Cazenovia, N.Y. 

It makes the resource information and recommendations generated by the Cazenovia 

Community Resource Project (CCRP) available to citizens and local officials.” This 

document provides an assessment of the Town of Cazenovia’s character and quality of life, 

as well as recommendations for the protection of the character of the town. The Land Use 

Guide of Cazenovia presents recommendations for natural resources, cultural resources, 

and character zones. (Town of Cazenovia, 1984) 

The Land Use Guide of Cazenovia encourages the preservation of the rural character of 

the Town of Cazenovia and identifies the strong physical, cultural, and economic impacts 

the natural environment has on the community. This guide also identifies six different 

recommended character zones within the Town of Cazenovia that include Lake 

Watershed, Chittenango Gorge, Farmland – Open Rural, Greenbelts, Boundary Ridges 

and Slopes, and Village and Hamlet. As stated in the Land Use Guide of Cazenovia, 

“Designation of these areas or character zones is important to guide future growth for two 

reasons: first, the use of physical characteristics to determine zones has a direct 

relationship to the specific needs of the environment; and second, the recognition of land 

use patterns that have evolved through the years reinforces, rather than homogenizes, the 

differences between the areas” (Town of Cazenovia, 1984). 

Nation lands located within the Town of Cazenovia are situated in the north central part 

of the town, just west of Lake Cazenovia at the northeast corner of the intersection of 

North Lake and West Lake Roads. These Nation lands are located within the Lake 

Watershed character zone. 

The Zoning Code and the Zoning Map for the Town of Cazenovia was amended by the 

Town Board in 1991 (Town of Cazenovia, 1991). The Town of Cazenovia established six 

zoning districts, as identified in the Zoning Code and on the Zoning Map, which are 

discussed below. The Village of Cazenovia is located within the Town of Cazenovia. 

Since Nation lands are not located within the Village of Cazenovia or within 1,000-feet of 
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the village, an assessment of zoning within the Village of Cazenovia is not warranted and 

will not be discussed. 

There are two residential zoning districts located in the Town of Cazenovia. Single-family 

residential dwellings and accessory uses, and other low intensity land uses are permitted in 

Residential A (RA) zoning districts. This zoning district is located throughout the Town of 

Cazenovia and comprises approximately one-half of its area. Places of worship, schools, 

libraries, municipal buildings, public parks, philanthropic or charitable institutions, 

cemeteries, recreational areas, two-family and multifamily residential dwellings, and low 

intensity uses are permitted in Residential B (RB) zoning districts. The Zoning Map 

identifies that Residential (RB) zoning districts are located in the most southern area of the 

Town of Cazenovia bordering Onondaga County and the Towns of Nelson and Deruyter, 

as well as three small areas in the center of the town; one of these areas is located just 

south of the Village of Cazenovia, east of Rippleton Road and west of East Road while 

another area is located just east of East Road, west of Mile Road and just north of Ballina 

Road, and the third area is located east and north of Lincklaen Road. The Lake 

Watershed Residential Use (LW) zoning district permits everything allowed in Residential 

A (RA) zoning districts except for the storage of machinery, equipment, and motor 

vehicles. Areas zoned LW are located in the north central portion of the Town of 

Cazenovia bordering Cazenovia Lake, just north and west of the Village of Cazenovia. 

The Hamlet of New Woodstock is located in the southern portion of the Town of 

Cazenovia. According to the Zoning Code of the Town of Cazenovia, the New 

Woodstock (RB) zoning district located in the Hamlet of New Woodstock is intended to, 

“encourage the use of land in a manner consistent with the traditional New Woodstock 

hamlet development, the protection of the aquifer servicing the hamlet of New 

Woodstock, and with the Land Use Guide of Cazenovia” (Town of Cazenovia, 1991). 

Civic uses, retail stores, restaurants or bakeries, bed-and-breakfast establishments, farm 

stands, and commercial garages and filling stations are permitted in the New Woodstock 

(RB) zoning district. 

There are commercial and industrial zoning districts located in the Town of Cazenovia. 

The Commercial Use (C) zoning district permits those uses allowed under the Residential 

B (RB) zoning district with certain exceptions and multi-family dwellings, boarding 

houses, tourist lodging houses, motels, hotels, hospitals, philanthropic or charitable 

institutions, retail stores and personal service shops, and other commercial and office uses. 

However, according to the Zoning Map for the Town of Cazenovia there are no areas 

located within the town that are zoned C. Asphalt manufacture or refining, blacksmith 

shops, boiler or tank works, manufacturing uses, carpet cleaning, cold storage plants, 

dumps, electric light or power generating stations, printing establishments, railroad yards, 

warehouses, wholesale houses, and other high intensity and manufacturing-related land 

uses are permitted in the Industrial Use (I) zoning district, as well as those uses allowed in 
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the Commercial Use (C) zoning district with certain exceptions. The one Industrial Use (I) 

zoning district is located within the Town of Cazenovia, in the center of the town south of 

East Ballina Road on Constine Bridge Road. 

The Town of Cazenovia was recently contacted for information regarding Nation lands 

located within the town relative to consistency with its land use plan and/or zoning 

regulations. The results of that consultation are provided below. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Cazenovia. 

Group 2 Lands

There is one parcel comprised of two tax lots of Group 2 lands located within the Town of 

Cazenovia. This parcel contains the historic Oneida burial ground, as well as wooded 

areas and are located in the northwestern portion of the Town of Cazenovia, just west of 

Cazenovia Lake. No development is proposed for this site. The Land Use Guide of 

Cazenovia identifies the location of this parcel as being in the Lake Watershed zone. The 

existing use of this land by the Nation is consistent with the future land uses assigned by 

the Land Use Guide of Cazenovia. Moreover, based on information provided by the 

Town of Cazenovia, Nation lands located within the town are in conformance with the 

Land Use Guide of Cazenovia (Cook, Personal Communication, July 5, 2006). 

The two tax lots are located in a Lake Watershed Residential Use (LW) zoning district. 

Since these two tax lots are utilized for a historic Oneida burial ground as well as other 

inactive wooded areas, these uses are consistent with the intent of the municipal zoning 

governing adjacent non-Nation properties. In fact, based on information provided by the 

Town of Cazenovia, Nation lands located within the t are in conformance with the Zoning 

Code of the Town of Cazenovia (Cook, Personal Communication, July 5, 2006). 

Group 3 Lands 

There are no Group 3 lands located within the Town of Cazenovia. 

Village of Cazenovia 

There are no Nation lands located within the Village of Cazenovia or within the Study 

Area. Therefore, an assessment of land use plans and zoning within the Village of 

Cazenovia is not discussed. 

Town of Lincoln 

As per a conversation with the Town of Lincoln Town Clerk, Roseanne Warner, on 

Wednesday, January 25, 2006, the Town of Lincoln currently does not have an adopted 

master or comprehensive plan for land use and development recommendations (Warner 

verbal communication, 2006). 
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The Town of Lincoln Land Management Law was adopted in February 1998 (Town of 

Lincoln, 1998). The Town of Lincoln - Zoning Map was adopted as part of the Town of 

Lincoln Land Management Law. The Town of Lincoln – Zoning Map identifies the 

location of the zoning districts in the Town of Lincoln that are discussed below. 

The Town of Lincoln has two agricultural zoning districts. The Agricultural Residential 

Zone 1 (AR-1) zoning district is located in the north central portion of the Town of 

Lincoln. This zoning district “is envisioned as mixed agricultural and residential with all 

buildings grouped in the interest of maintaining and enhancing the residential nature and 

character of the district” (Town of Lincoln, 1998). As noted in the Town of Lincoln Land 

Management Law, farms and farm buildings for related agricultural activities on five-acre 

lots, single-family residential dwellings, home occupations, private garages, and accessory 

buildings are permitted in the Agricultural Residential Zone 1 (AR-1) zoning district. 

 The predominant zoning district in the Town of Lincoln is the Agricultural Residential 

Zone 2 (AR-2) zoning district, which is located throughout and in most areas of the town; 

approximately 80 percent of the area in the Town of Lincoln is zoned AR-2. This zoning 

district is “envisioned as mixed agricultural and residential in the interest of maintaining 

and enhancing open land for its aesthetic qualities and for its economic value in 

agricultural production” (Town of Lincoln, 1998). As noted in the Town of Lincoln Land 

Management Law, farms and farm buildings for related agricultural activities on five-acre 

lots, certain residential uses with restrictions, home occupations, mobile dwellings, 

accessory buildings, hobby farm uses, wild refuges, and private stables are permitted in the 

Agricultural Residential Zone 2 (AR-2) zoning district. 

The Town of Lincoln has both commercial and industrial zoning districts. The 

Neighborhood Commercial (NC) zoning district is located in a small area in the north 

central portion of the Town of Lincoln and comprises approximately five percent of the 

area of the town. The purpose of this zoning district is to “provide for daily retail and 

personal services to the residents of the Town and those traveling through the Town. The 

key distinction is the scale of the activities permitted. These are services for individuals. 

Services for vehicles and service emphasizing vehicles are discouraged” (Town of Lincoln, 

1998). As noted in the Town of Lincoln Land Management Law, retail convenience 

stores, personal services, business offices, financial institutions, restaurants, private 

membership courses and health clubs, day care facilities, and certain other public facilities 

are permitted in the Neighborhood Commercial (NC) zoning district. IndustrialCommercial (I-C) zoning districts are located on two relatively large areas in the south 

central and northeastern portions of the Town of Lincoln and comprise approximately 15 

percent of the total area within the town. As noted in the Town of Lincoln Land 

Management Law in regard to areas zoned I-C, “all uses allowed in AR-2 and NC districts 

are permitted as-of-right” (Town of Lincoln, 1998). 
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The Town of Lincoln was recently contacted for information regarding Nation lands 

located within its boundaries relative to consistency with its land use plan and/or zoning 

regulations. To date, information regarding possible non-compliance of any or all Nation 

lands located within the Town of Lincoln has yet to be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Lincoln. 

Group 2 Lands 

There are two parcels comprised of three tax lots of Group 2 lands located within the 

Town of Lincoln. These Group 2 lands consist of wooded areas, Nation member housing, 

active and undeveloped agricultural properties, and historical sites. There is no municipal 

master plan to enable a comparison of Nation land use. 

All Group 2 lands are located in Agricultural Residential Zone 2 (AR-2) zoning districts. 

The uses characterizing these Group 2 lands are consistent with the municipal zoning of 

Nation properties. 

Group 3 Lands 

There are three parcels comprised of five tax lots of Group 3 lands located within the 

Town of Lincoln. These Group 3 lands consist of agricultural uses and wooded areas. 

There is no municipal master plan to enable a comparison of Nation land use. 

All Group 3 lands are located in Agricultural Residential Zone 2 (AR-2) zoning districts. 

The uses characterizing these Group 3 lands are consistent with the municipal zoning of 

Nation properties. 

Town of Sullivan 

The Town of Sullivan Comprehensive Plan was adopted in February 2006 by the Town 

Board of the Town of Sullivan. This plan provides an overview, a discussion of 

demographic characteristics, an assessment of the local economy, a discussion of 

agricultural resources, an assessment of housing, and additional assessments of existing 

conditions and goals and objectives (Town of Sullivan, 2006). The Town of Sullivan 

Comprehensive Plan includes a vision statement that contains long-term and short-term 

goals regarding housing, the Town of Sullivan’s character, commercial revitalization, 

expansion of educational and recreational opportunities, diversification of existing 

commercial opportunities, and maintaining and improving the town’s transportation and 

infrastructure systems. The Town of Sullivan Comprehensive Plan identifies the Nation 

lands as being located within the North Sullivan Sub-area and provides an assessment of 

existing conditions within this sub-area. 
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The Town of Sullivan Zoning Law was adopted on July 30, 1979 and was most recently 

amended on February 26, 1990 (Town of Sullivan, 1990). The Town of Sullivan Zoning 

Map, which was adopted as part of the Town of Sullivan Zoning Law, resulted in the 

change of a number of zoning district boundaries as well as zoning district designations. 

The Town of Sullivan Comprehensive Plan provides information on the zoning districts 

and overlay districts located within the town that are discussed below (Town of Sullivan, 

2006). Uses such as public utilities, public use facilities, religious institutions, and schools 

are permitted in all zoning districts in the Town of Sullivan by special permit approval. 

The predominant zoning district in the Town of Sullivan is the Agricultural Development 

(A) zoning district, which is located throughout and in most areas of the town and 

comprises approximately 80 percent of its area. The purpose of the Agricultural 

Development (A) zoning district is for “production of agricultural products for 

compensation, including field crops, produce, horticulture, livestock, and dairy products. 

This includes the sale of products grown on such land and the necessary buildings and 

accessory construction such as barns, silos and fences which are a normal part of 

agriculture. Agriculture includes farms, nurseries, greenhouses and truck gardens. An

agricultural use is one carried on ten or more acres of land used in the preceding two years 

for the production or sale of agricultural products with an average gross sales value of 

$10,000.00 or more” (Town of Sullivan, 1990). The areas that are not zoned A are 

generally located in the more densely populated areas towards the northern portion of the 

Town of Sullivan near NYS Route 31 and in the southwestern portion of the town near 

the border with the Town of Manilus, both north and south of NYS Route 5. 

There are several residential zoning districts located in the Town of Sullivan. Low 

Residential (LR-40) zoning districts are located in the southeastern portion of the Town of 

Sullivan on the border with the Town of Fenner, as well as in the northwestern portion of 

the town just north of I-90. Low Residential (LR-40) zoning districts comprise less than 

five percent of the area in the Town of Sullivan. As noted in the Town of Sullivan Zoning 

Law, the purpose of the Low Residential (LR-40) zoning district is to allow for single and 

two-family dwellings and farm-related structures on minimum 40,000 and 50,000 square 

foot lots. The Medium Density Residential (MR-12) zoning district comprises much of the 

land in the Town of Sullivan that is not zoned for agricultural use. Medium Density 

Residential (MR-12) zoning districts are primarily located in the northern portion of the 

Town of Sullivan near NYS Route 31 and in the southwestern portion of the town near 

the border with the Town of Manilus, both north and south of NYS Route 5. There is 

another smaller Medium Density Residential (MR-12) zoning district located in the central 

portion of the Town of Sullivan, just off Clay Hill Road. As noted in the Town of 

Sullivan Zoning Law, the purpose of this zoning district is to allow for single-family 

dwellings and farm-related structures on lots with minimum area restrictions. 
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Business (B) zoning districts are located primarily in the northern portion of the Town of 

Sullivan along NYS Route 31, while small areas zoned B are located throughout the town 

most notably in the central area both north and south of the railroad right-of-way. Major 

Business (B) zoning districts are located in the Hamlet of Bridgeport and the Village of 

Chittenango. There are also numerous small Business (B) zoning districts located 

throughout the town that because of their small size defy accurate mapping (Town of 

Sullivan, 1990). As identified in the Town of Sullivan Zoning Law, the purpose of the 

Business (B) zoning district is to allow for a variety of retail and commercial 

establishments, personal services, restaurants, professional offices, fast food restaurants, 

medical facilities, and non-business related uses such as orphanages; multiple familydwellings are allowed in this zoning district through special permit approval. Business (B) 

zoning districts are relatively small in area, as identified in the Town of Sullivan Zoning 

Map, and comprise less than five percent of the area located within the Town of Sullivan. 

Industrial (I) zoning districts are located primarily in the central portion of the Town of 

Sullivan near the Conrail right-of-way and I-90. Since the adoption of the Town of 

Sullivan Zoning Law, new Industrial (I) zoning districts have been created in the Town of 

Sullivan. One of these zoning districts is located east of Fly Road and north of I-90, 

another extends south from the Chittenango Station area along the east side of Fly Road 

to the old feeder canal, another encompasses the stone/rock quarry west of Quarry Road, 

and another encompasses the Krutulus Laboratories, Inc. property on the south and west 

sides of Marsh Mills Road. As noted in the Town of Sullivan Zoning Law, the purpose of 

the Industrial (I) zoning district is to allow for a wide variety of commercial uses similar to 

those allowed in the Business (B) zoning district as well as agriculture, lumberyards, 

wholesale businesses, laundry, and oil/gas storage facilities through special permit 

approval. As identified in the Town of Sullivan Zoning Map, the areas that are zoned I 

comprise less than five percent of the area located within the Town of Sullivan. 

The Planned Development (PDD) zoning district is, “designed to provide a means of 

developing those land areas within the Town considered appropriate for new residential, 

commercial or industrial use, or a satisfactory combination of these uses in an economic 

and compatible manner, while encouraging the utilization of innovative planning and 

design concepts or techniques in these areas without departing from the spirit and intent of 

these regulations. In particular, this provision is designed to accommodate proposed 

planned unit development or clustering techniques not otherwise provided for in 

established zoning districts” (Town of Sullivan, 1990). As noted in the Town of Sullivan 

Comprehensive Plan, the proposed Manufactured Home Park District (MHPD) was 

created to “provide a suitable setting for the location of manufactured homes and mobile 

homes. As of December 2000, the Town has not received any requests to amend the 

Zoning Map for the establishment of a PDD (including MHPD). However, future phased 

development of the Lakeside Community will require the creation of a PDD” (Town of 

Sullivan, 2006). 
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The purpose of the Resource Management (RM) overlay district is to “provide a process 

for the recognition and detailed evaluation of those type of natural and related land use 

considerations which, given the nature, level of detail and scale of the town wide inventory 

and zoning maps, require a more exact site specific evaluation on a case-by-case basis than 

is otherwise possible. Specifically, the district has been established to depict land and 

water areas with particularly significant limitations to development that necessitate a more 

careful evaluation of the likely impact of such development. The types of limitations 

encompassed within this overlay district include: Flood hazard Areas; Wetlands; Street 

Slopes and Adverse Soil Conditions; and Certified Agricultural Districts” (Town of 

Sullivan, 1990). Approval to develop these types of areas must undergo the site plan 

approval process. “Resource Management overlay boundaries are not shown of the 

Town’s Zoning Map but correspond to boundaries delineated in various Federal and State 

maps, such as FEMA’s Flood Insurance Rate Maps, NYS wetland maps, and Madison 

County Soil Survey maps, which together document flood plains and hazard areas, 

wetland areas, steep slopes and soil limitations” (Town of Sullivan, 2006). 

The Town of Sullivan was recently contacted for information regarding Nation lands 

located within the town relative to consistency with its land use plan and/or zoning 

regulations. To date, information regarding possible non-compliance of any or all Nation 

lands located within the Town of Sullivan has yet to be provided. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Sullivan. 

Group 2 Lands 

There are two parcels comprised of two tax lots of Group 2 lands located within the Town 

of Sullivan. These Group 2 lands generally include wooded areas and Nation member 

housing. The existing uses of Nation lands are generally consistent with the future land 

uses assigned by the Town of Sullivan Comprehensive Plan. 

These two parcels are located in the Agricultural Development (A) zoning district. A 

comparison of land use and zoning data in Appendix G indicates that the uses 

characterizing these Group 2 lands are consistent with the municipal zoning of Nation 

properties. 

Group 3 Lands 

There are two parcels comprised of two tax lots of Group 3 lands located within the Town 

of Sullivan. These Group 3 lands generally include wooded areas. The existing uses of 

these Group 3 lands are generally consistent with the future land uses assigned by the 

Town of Sullivan Comprehensive Plan. 
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These two parcels are located in the Agricultural Development (A) zoning district. The 

uses characterizing these Group 2 lands are consistent with the municipal zoning of 

Nation properties. 

Town of Smithfield 

The Town of Smithfield Comprehensive Plan was adopted in March 2003. This plan 

provides a compilation and summary of the information gathered and produced by the 

Town of Smithfield Planning Board and includes land use and development guidelines and 

policies. The Town of Smithfield Comprehensive Plan identifies a number of issues based 

on a land use survey conducted by the Town of Smithfield, including significant support 

for preserving the existing quality of life in the town. Additionally, this plan recommends 

that “preservation of the rural character of the Town, the quality of its residential and 

agricultural life, and the preservation of its scenic and open vistas should be the prime 

concern in the formulation of land use policies within the Town to regulate land use 

within its border” (Town of Smithfield, 2003). Additionally, the goals and objectives of 

the Town of Smithfield Comprehensive Plan are to maintain a “vibrant historic 

community center in the Hamlet of Peterboro surrounded by a patchwork of residential 

and small scale business uses interspersed among agricultural lands, open space and 

wildlife habitat characterized by scenic rural vistas” (Town of Smithfield, 2003). This 

plan also recommends minimizing the grading and clearing of land and the protection of 

farmland. 

The Town of Smithfield Zoning Map was adopted as part of the revised Town of 

Smithfield Building and Development Control Local Law dated October 7, 2004 (Town of 

Smithfield, 2004). Although there are no zoning regulations for the Town of Smithfield, 

the Town of Smithfield Building and Development Control Law identifies that its entire 

area can be utilized for single-family dwellings, outbuildings, orchards, tree and plant 

nurseries, forestry operations, in-home occupations, municipal buildings, parks, libraries, 

and other public and private institutions. Multiple-family dwellings, all commercial uses, 

all industrial uses, solid waste facilities, junk yards, private clubs, and non-commercial 

recreation uses require special use permit approvals. 

The Town of Smithfield was recently contacted for information regarding Nation lands 

located within its borders relative to consistency with the town’s land use plan and/or 

zoning regulations. 

Information provided by the Town of Smithfield indicates that Nation lands located 

within the town are consistent with its land use policies and zoning regulations. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Smithfield. 
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Group 2 Lands 

There are no Group 2 lands located within the Town of Smithfield. 

Group 3 Lands 

There are three parcels comprised of four tax lots of Group 3 lands located within the 

Town of Smithfield. There is a large parcel of land in the southwestern portion of the 

Town of Smithfield, near Rich Road and the Town of Fenner border. This parcel contains 

wetlands but is also used for outdoor activities. In the north central portion of the Town 

of Smithfield near the border with the Town of Lincoln not far from Northrup Road, is a 

large parcel of vacant or undeveloped land containing historical and/or archaeological 

resources. There is a large wooded area in the northeastern portion of the Town of 

Smithfield near Peterboro Road not far from the border with the Town of Stockbridge. 

The current uses of Nation lands in the Town of Smithfield are as pastures and 

undeveloped rural areas. These uses are generally consistent with the land use policy 

recommendations and goals identified in the Town of Smithfield Comprehensive Plan. 

Two of these parcels are located adjacent to either forested or agricultural areas, while the 

remaining parcel is located near an area that is utilized for single-family residential. As 

stated, Group 3 lands located within the Town of Smithfield consist of wetlands, historical 

significance resources, and areas dedicated for hunting and fishing activities that do not 

conflict with any of the Town’s Building and Development Control Law. Moreover, 

information from the Town of Smithfield indicates that Nation lands located within the 

Town are in conformance with the intent of the Town’s Comprehensive Plan and Building 

and Development Control Local Law (Benedict, Personal Communication, August 7, 

2006). 

Town of Fenner 

The Town of Fenner does not have an adopted master or comprehensive plan for land use 

and development recommendations (Verbal communication, 2006). The Zoning Map was 

adopted as part of the Revised Town of Fenner Land Use Regulations on August 12, 1997 

(Town of Fenner, 1997). The Zoning Map identifies the location of the two zoning 

districts in the Town of Fenner. These zoning districts are discussed below. 

As stated in the Town of Fenner Land Use Regulations, the purpose of the District A 

zoning district is to, “provide attractive built-up housing areas in rural settings that will 

maintain health via proper sewage disposal, safe water supply, and the minimum of 

nuisance in different land uses” (Town of Fenner, 1997). District A zoning districts 

encompass all lands located within 500 feet of each side of the center line of many of the 

main public roads in the Town of Fenner. District A zoning districts permit the following 

uses: single-family residential dwellings, farms located on five acre lots, and accessory uses 

including private garages, customary accessory structures other than private garages (tool 

houses, playhouses, and greenhouses) not to exceed 750 square feet and not to be less than 
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10 feet from the rear line of the lot, animal shelters for domestic pets and horses, other 

structures such as private swimming pools and fireplaces, customary buildings including 

roadside stands for the sale of seasonal produce and handmade items, and off-street 

parking. Approximately 30 percent of the area in the Town of Fenner is located within 

District A zoning districts. 

District B zoning districts occupy approximately 70 percent of the land in the Town of 

Fenner. “The purpose of the District B zoning district is to preserve farmlands and 

adjoining settlements as long as possible to provide for separate residences of all kinds, 

and to invite other uses, under certain controls, in order to assure the livelihood and 

enjoyment of those who live there” (Town of Fenner, 1997). As noted in the Town of 

Fenner Land Use Regulations, District B zoning districts permit the following uses: single 

and two-family residential units, modular dwellings, farms and farm buildings for related 

agricultural activities located on five-acre lots, and mobile dwellings on one-acre lots. 

Accessory uses permitted in District B zoning districts include those uses allowed in 

District A zoning districts as well as home businesses conducted by the resident. 

Information provided by the Town of Fenner indicates that Nation lands located within 

the town are consistent with its land use policies and zoning regulations. 

Nation Lands

Group 1 Lands 

There are no Group 1 lands located within the Town of Fenner. 

Group 2 Lands 

There are no Group 2 lands located within the Town of Fenner. 

Group 3 Lands 

There is one parcel comprised of one tax lot located in the Town of Fenner. This parcel 

consists of mature wooded areas. There is no municipal master plan to enable a 

comparison; however, based on information provided by the Town of Fenner, Nation 

lands located within the town are in conformance with its existing and proposed land use 

plans (Buyea, Personal Communication, July 12, 2006). 

The one parcel is located within a District B zoning district. Since the parcel is a mature 

wooded area, its use is consistent with the municipal zoning of Nation properties. 

Moreover, information from the Town of Fenner indicates that Nation lands located 

within the Town are in conformance with the intent of the Revised Town of Fenner Land 

Use Regulations (Buyea, Personal Communication, July12, 2006).