3.7.2 COASTAL ZONE MANAGEMENT ACT

 

The Coastal Zone Management Act (CZMA) of 1972, as amended, establishes the national program to plan comprehensively for, and manage development of, the Nation’s coastal land and water resources. The Act provides for a national policy to preserve, protect and develop, and where possible to restore or enhance the resources of the Nation’s coastal zone. “Coastal zone” includes the coastal waters and the adjacent shore land “strongly influenced by each other and in proximity to the shorelines of the coastal states, and includes islands, transitional and inter-tidal areas, salt marshes, wetlands, and beaches.” 

 

The Act finds that it is national policy:

• to preserve, protect, develop, and where possible to restore or enhance, the resources of the nation's coastal zone for this and succeeding generations;

• to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and aesthetic values as well as to needs for economic development;

• to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, and improved predictability in governmental decision making; and

• to encourage the participation and cooperation of the public, state, and local governments, and interstate and other regional agencies, as well as of the federal agencies having programs affecting the coastal zone, in carrying out the purposes of this title.

 

The CZMA is administered by the National Oceanic and Atmospheric Administration (NOAA), but allows states to assume the primary role in managing these areas.

To assume this role, the state prepares a Coastal Zone Management Program (CZMP) document that describes the State’s coastal resources and how these resources are managed. This unique state-federal partnership leaves day-to-day management decisions at the state level.

 

Activities and development affecting coastal resources which involve the federal government evaluate compliance through a process called “federal consistency.”

 

This process allows the public, local governments, Tribes, and state agencies an opportunity to influence federal actions likely to affect Delaware and Maryland’s coastal resources or uses. There are three categories of activities that trigger a federal consistency review:

1) activities undertaken by a federal agency,

2) activities which require federal approval, and

3) activities which use federal funding.

 

If a project falls into one of these categories AND is either in the coastal zone or it impacts coastal resources, then the federal consistency process is triggered.

 

State, local or tribal government agencies seeking federal funding for all or part of an activity that affects the coastal zone must review the activity for compliance with CZMP’s enforceable policies and prepare a “federal consistency certification”.

 

This certification describes the activity and whether the activity impacts coastal resources. If the activity impacts coast uses or resources, a statement must be provided that the activity is consistent with CZMP’s enforceable policies.

 

Federal agencies can not approve grants or loans for activities that are inconsistent with the CZMP.

 

If the project is within the CZM area, request comments from the State CZM program. Forward any questions with regard to activities within a designated area to the State Environmental Coordinator (SEC).

 

Agency Jurisdiction:

State and Federal Level

U.S. Department of Commerce

National Oceanic and Atmospheric Administration (NOAA)

14th Street & Constitution Avenue, NW Room 6217 Washington, DC 20230

Telephone: (202) 482-6090 Fax: (202) 482-3154

 

Or Coastal Zone Mgmt Program

1315 East-West Highway

Silver Spring, MD 20910

(301)713-3155

 

http://www.noaa.gov/coasts.html

 

State CMP Agency:  http://www.nos.noaa.gov/ocrm.czm

 

USFWS: CBRS Info:  http://www.fws.gov/cep/cbrtable.html