Federal and State Coastal Zone Management Laws

1
Federal and State Coastal Zone Management Laws

• Introduction to Coastal Management

2
Coastal Concerns in the 1960s

• Maintain areas for recreation
• Protection for estuaries
• Ocean development and land use policy

3
Recreation

• Recreation is land intensive
• Expansion of public lands is contrary to
  recreation industry interests
• The few National Seashores amount to a fraction
  of the total US coastal shoreline

4
Estuary Protection

• Desire to conserve, protect and develop national
  coastal wetlands
• Legislation sought to set aside a system of
  national estuarine areas
• National Estuary Study
• National Estuarine Pollution Study
• Advocated federal-state management of US coastal
  zone

5
Ocean Development and Land Use Policy

• Concern over coastal development arose in the
  1960s
• Some legislators favored federal shoreline policy
  with Department of Interior as lead
• Some favored Department of Commerce
• Federal program of coastal management was
  abandoned in favor of state control

6
S 3507 The Coastal Zone Management Act of 1972

• Does not compel the states to do anything
• Does not have power to handle the immense task of
  coastal zone management
• Leaves responsibility for management to the
  states
• Provides states with Federal grants if their
  programs are approved

7
Coastal Zone Management Provisions

• Establish areas of critical environmental concern
• Coastal states identify their coastal boundaries
• States prepare detailed land use plans for
  development in the coastal zone
• Designate a centralized agency in each state to
  oversee program
• Establish permitting process

8
North Carolina Senate Bill 972
An act relating to management of the coastal area
of North Carolina or the Coastal Area
Management Act of 1974
9
Why establish a coastal area management program?

• Coastal land and waters are valuable assets for
  NC
• Estuaries in NC are very productive biologically
• NC coastal area is high in recreational
  and aesthetic value

BUT.
10
The coastal area is

• subject to degradation because of conflicting
  societal needs for
• Industrial development
• Population development
• Recreational pursuits

11
CAMA

• Established a cooperative program of coastal area
  management between local and state government
• local role is planning
• state role is
• establish areas of environmental concern
• set standards and review local government plans

12
CAMA Goals

• To insure that the development or preservation of
  the land and water resources of the coastal area
  proceeds in a manner consistent with the
  capability of the land and water for development,
  use, or preservation based on ecological
  considerations

13
CAMA Goals

• To provide a management system capable of
  preserving and managing the natural ecological
  conditions of the estuarine system, the barrier
  dune system, and the beaches, so as to safeguard
  and perpetuate their natural productivity and
  their biological, economic and aesthetic values

14
Major CAMA Elements

• Establishes Coastal Resources Commission
• Requests Land Use Plans (LUPs) from local
  governments
• Creates areas of environmental concern
• Specifies a permitting
  system to regulate
  policies

15
CAMA Elements

• CAMA establishes two boards
• Coastal Resources Commission (CRC)
• 15 members
• Local governments nominate individuals
• Appointments made by the governor
• 4 year terms
• Coastal Resources Advisory Committee (CRAC)
• No more than 47 members
• Typically experts in coastal issues

16
Coastal Resources Commission

• Composed of individuals with experience in
• Commercial fishing Wildlife or sports fishing
• Marine ecology Coastal agriculture
• coastal forestry Coastal land development
• coastal engineering Marine-related business
• Conservation Financing
• Local government 3 at-large members

17
CAMA Elements

• In North Carolina, the coastal area includes
• 20 counties
• Offshore zone for at least 3 miles
• Coastal sounds

18
CAMA Elements

• Areas of environmental concern (AECs)
• Estuarine system
• Ocean hazard system
• Public water supplies
• Natural and cultural resource areas

19
Estuarine Systems

• Estuarine waters
• Coastal wetlands
• Public trust waters
• Estuarine shorelines

20
CAMA Estuarine Hazard Zone
21
Ocean Hazard System

• Ocean erodible area
• Distance 60 times erosion rate
• Major storm erosion distance
• High hazard flood area
• V-zone on Federal Insurance maps
• Inlet hazard area
• Estimated zone of inlet migration

22
CAMA Ocean Hazard Zones
23
Public Water Supplies

• Small surface water supply watersheds
• Fresh Pond, Nags Head/Kill Devil Hills
• Toomers Creek
• Public water supply well fields
• Hatteras Island wellfield

24
Natural and Cultural Resource Areas

• Nominations accepted for
• Coastal areas that sustain remnant species
• Coastal complex natural areas
• Unique coastal geologic formations
• Jockeys Ridge in Dare County
• Significant coastal archaeological resources
• Permuda Island in Onslow County
• Significant coastal historic architectural
  resources

25
CAMA Permit Requirements

• Major development permit
• Requires authorization from one of several state
  agencies
• Exceeds 20 acres in extent
• Contemplates drilling or excavating natural
  resources
• Includes structures that exceed 60,000 sq. ft.
• Minor development permit
• Not a major permit
• General permit

26
CAMA Permitting Process

• Applicant files for permit
• Public notice of intent is published
• Comments are received
• Decision granting or denying permit is made
• If denied, an individual may see a variance
• If this is denied, an individual may seek a
  quasi-judicial resolution

27
CAMA General Permits

• Estuarine bulkheads
• Piers, docks and boat houses
• Estuarine boat ramps
• Estuarine wooden groins
• Channel dredging
• Utility line installation

28
CAMA General Permits (cont)

• Emergency dredge and fill
• Beach bulldozing
• Temporary structures within estuarine and ocean
  AECs
• Minor modifications to existing pier
• Construction of marsh enhancement breakwaters