What US Coastal Zone Management Act (16 USC ch 33): State Programs and the Federal Consistency Requirement requires
The Coastal Zone Management Act of 1972 (CZMA), codified at 16 U.S.C. Chapter 33 (sections 1451-1466), establishes a voluntary federal-state partnership to manage and protect the nation's coastal zone, administered at the federal level by the National Oceanic and Atmospheric Administration (NOAA) Office for Coastal Management. Section 1451 sets the congressional findings, section 1452 declares the national policy to preserve, protect, develop and where possible restore and enhance coastal resources, and section 1453 defines the terms, including the 'coastal zone'. Section 1454 provides for the submittal of a State coastal management program for federal approval, and section 1455 provides administrative grants to States with approved programs. Section 1455b addresses the protection of coastal waters through coastal nonpoint pollution control programs. The central regulatory mechanism is the federal consistency requirement in section 1456(c): each Federal agency activity within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved State management programs; and under section 1456(c)(3), an applicant for a required Federal license or permit to conduct an activity affecting the coastal zone must provide a certification that the activity complies with the State's approved program, with the State having up to six months to concur or object before concurrence is conclusively presumed. Section 1458 provides for periodic review of State performance. The CZMA does not impose civil or criminal penalties on private parties for ordinary noncompliance; its enforcement operates through the consistency review (which can block or condition a federal action, license or permit), the grant conditions, and the federal performance review that can suspend or withdraw program approval and funding.
Pillar: Water & Environmental Resources · Authority: US Congress / National Oceanic and Atmospheric Administration (Office for Coastal Management) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title16/html/USCODE-2022-title16-chap33.htm
SHA-256 integrity: f5776a3029cfaa0160e3a3bfcbae92d1c778b72e19d43aa6ef4ddc7f02eb5f6a
Primary Citations — 8 traced to source
- Coastal Zone Management Act, 16 U.S.C. 1451 - congressional findings.
- Coastal Zone Management Act, 16 U.S.C. 1452 - congressional declaration of policy.
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