Coastal Zone

1
Coastal Zone
Management Act
1
2
Coastal Zone Management Act
Overview
1972

• 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 esthetic values as well
  as the needs for compatible economic development,
  which programs should at least provide for . . .
  .1

1http//coastalmanagement.noaa.gov/about/czma.html
section303
2
3
Coastal Zone Management Act
Overview
Valuable
TRANSPORTATION
NAVIGATION
WASTE DISPOSAL
AND FOSSIL FUELS
EXTRACTION OF MINERAL RESOURCES
Resources
RESIDENTIAL DEVELOPMENT
HARVESTING
RECREATION
ECONOMIC DEVELOPMENT
COMMERCE
POPULATION GROWTH
INDUSTRY
3
4
Coastal Zone Management Act
Overview
























4
5
Coastal Zone Management Act
Overview
All States Must

• Identify boundaries of the coastal zone.
• Define permissible land and water use.
• Inventory and designate areas of particular
  concern.
• Identify the means by which the state proposes to
  exert control over the land and water uses.
• Develop broad guidelines on priority of uses.
• Describe the proposed organizational structure to
  implement the management program.
• Define the term beach and create a planning
  process for the protection of, and access to,
  public, ecological, or cultural value.
• Develop a planning process for energy facilities.
  
• Develop a planning process for assessing the
  effects of shoreline erosion.

5
6
Coastal Zone Management Act
Overview
6
7
Coastal Zone Management Act
Coverage
CZMA Covered States
National Estuarine Research Reserve Systems
7
8
Coastal Zone Management Act
Coverage
Nonpoint Pollution
8
9
Coastal Zone Management Act
Coverage
Nonpoint Pollution

• Agriculture
• Forestry
• Urban development
• Marinas
• Hydromodifications
• Loss of wetland and riparian areas

9
10
Coastal Zone Management Act
Coverage
Virginia
10
11
Coastal Zone Management Act
Coverage
Virginia CZMA Programs

• Education
• Restoration
• Lands Acquisition
• Federal Consistency
• Heritage
• River Use
• Eastern Oysters
• Shellfish

Virginia
11
12
Coastal Zone Management Act
Coverage
New Hampshire

• Ocean Resources
• Habitat restoration
• Science Based Decision Making,
• Restoration of Salt Marshes
• Land Purchases
• Invasive Species
• Stream Barrier Removal
• Gulf of Maine

12
13
Coastal Zone Management Act
Statutory Elements
Definitions

• Coastal Zone1
• Coastal waters and lands that strongly influence
  each other.
• Includes lands that are vulnerable to sea rise.
• Doesnt include lands for federal use.
• Coastal State2
• Any state the borders the great lakes, an ocean,
  the Long Island Sound, or Gulf of Mexico.
• Also includes Commonwealths or Territories of the
  United States.
• Coastal Energy Activity3
• Any oil-, coal-, or natural-gas-related activity,
  that requires "siting, construction, expansion or
  operation of equipment or facility" close to the
  coastal zone.

1 16 USC 1453(1). 2 16 USC 1453(4). 3 16 USC
1453(5).
13
14
Coastal Zone Management Act
Statutory Elements
Definitions

• Estuarine Sanctuary1
• A research area set aside for examination of
  ecological relationships over a period of time. .
  . .
• Management Program2
• Comprehensive statement in words, maps,
  illustrations, or other media . . . prepared and
  adopted by the state in accordance with the
  provisions of this title . . . .
• . . . setting forth objectives, policies, and
  standards . . . .
• Special Area Management Plan3
• A comprehensive plan regarding a specific area.
  . . .
• . . . provides for both natural resource
  protection, as well as reasonable economic
  growth. . . .
• . . . detailed statement of policies and
  criteria.

1 16 USC 1453(8). 2 16 USC 1453(12). 3 16 USC
1453(17).
14
15
Coastal Zone Management Act
Statutory Elements
Process Approval

• Plan Submitted to Secretary of Commerce1.
• Secretary will approve the plan if2

It Includes
The State Has
The Program

• Boundary Identifications
• Usage Guidelines
• Inventory of Areas of Particular concern
• Means of Obtaining Land
• Planning for Energy Facilities
• Means of Limiting the Impact of Energy Facilities
• Plan for Studying and Controlling Erosion
• Coordinated With Other State and Federal Agencies
• Held Public Hearings
• Gained Governors Approval
• Designated a Single Agency to Handle the Money
• Provides adequate consideration for energy needs
  of "greater than local significance"
• Includes Procedures to Designate Areas for
  Preservation or Restoration
• Provides for Public Participation in Planning

1 16 USC 1454. 2 16 USC 1455(d).
15
16
Coastal Zone Management Act
Statutory Elements
Process Grants

• Preservation or Restoration of Coastal Areas1
• Ecologically Protected Areas or Ports, etc.
• Purchasing Land to be Protected
• Maximum Ratio or Federal-to-State Money
• Coastal Zone Enhancement Grants2
• Protect or Restore Existing Coastal Wetlands Base
• Create New Wetlands
• Reduce Marine Debris
• Facilitate the Siting of Energy Facilities

1 16 USC 1455a. 2 16 USC 1456(a).
16
17
Coastal Zone Management Act
Statutory Elements
Process Funds

• Coastal Zone Management Fund1
• Grants for State Coastal Zone Management Programs
• Coastal and Estuarine Land Conservation Program2
• Protecting Important Coastal and Estuarine Areas
• Must Be Matched by Other Sources
• National Coastal Resources Research and
  Development Institute3
• Research the the efficient and responsible
  development of ocean and coastal resources.

1 16 USC 1456a. 2 16 USC 1456d. 3 16 USC
1463b(b).
17
18
Coastal Zone Management Act
Links With Other Laws

• Federal Water Pollution Control Act1
• CZMA does not prevent EPA from taking action to
  protect water quality.
• Shanty Town Assoc. Ltd. Partnership v. EPA. 843
  F.2d 782 (4th Cir. 1998).
• Revised Interstate Commerce Act2
• Abandonment provisions of the Revised ICA do not
  limit the authority of state CZM programs.
• Southern Pacific Transp. Co. v. California
  Coastal Com., 520 F Supp 800 (N.Ca. 1981).

1 16 USC 1451 et seq. 2 49 USC 10101 et seq.
18
19
Coastal Zone Management Act
Citizen Involvement and Remedies

• No Citizen Enforcement
• Public Hearings are Required at Several Points
  Throughout Plan Development1.

1 16 USC 1457
19
20
Coastal Zone Management Act
Effects on Fisheries
20
21
Coastal Zone Management Act
Illustrative Rulings

• Mobil Oil Exploration Producing Southwest v.
  United States,530 U.S. 604 (2000).
• Clark v. California, 464 U.S. 1304 (1983).

21
22
Coastal Zone Management Act
Effectiveness
22
23
Coastal Zone Management Act
Options for Reform
23
24
24