Coastal zone management federal consistency review
Under Washington's Coastal Zone Management Program, federal actions that may affect any land use, water use, or natural resources in the coastal zone must be consistent with the enforceable policies found within four state laws, the state Marine Spatial Plan, and their implementing regulations that make up our program and policies.
The federal Coastal Zone Management Act authorizes states with approved Coastal Zone Management Programs to review federal actions, which include federal agency activities and the issuance of federal permits and licenses. These federal consistency provisions provide states with a role in the federal decision-making process and enhance coordination and cooperation between states, federal agencies, and applicants.
Demonstrating consistency with Washington's Coastal Zone Management Program
Federal consistency requires that federal actions within and outside the coastal zone — which may have reasonably foreseeable effects on any coastal use (land or water) or natural resource of the coastal zone — must be consistent with the enforceable policies of a state's federally approved Coastal Zone Management Program. The process by which the state reviews these activities and makes decisions is summarized in the Federal Consistency Procedures document. The specific type of federal action will determine whether an applicant needs to submit a consistency determination or certification, specifically:
- Activities undertaken by a federal agency: Subpart C of the federal consistency regulations
- Activities that require a federal license or permit: Subpart D of the federal consistency regulations
Each category has different federal consistency requirements as outlined below.
In its consistency determination, the federal agency must describe the potential coastal effects and explain how the project or activity is consistent to the maximum extent practicable with Washington’s Coastal Zone Management Program’s enforceable policies. The applicant is encouraged to submit the determination at the earliest time possible in the planning process, but it must be submitted at least 90 days prior to final approval of the federal agency activity.
Ecology has 60 days from the receipt of the consistency determination to issue its decision. If Ecology does not respond within that time by either: concurring with the federal agency’s determination; attaching conditions to the concurrence decision; or objecting to the federal agency’s determination, then the project may proceed.
The term “federal license or permit” means any authorization, certification, license, permit, or other form of permission that a federal agency is empowered to issue to an applicant. Examples include U.S. Army Corps of Engineers' Section 404 and Section 10 permits. For federal authorizations listed in the Washington Coastal Zone Management Program (CZMP), a federal agency cannot issue an approval unless Ecology agrees that the project is consistent with Washington’s enforceable policies. Activities requiring a federal license or permit must be fully consistent with the program.
For these activities, the applicant reviews the activity for compliance with the CZMP’s enforceable policies, which are found in four state laws and their implementing regulations. Following the review, the applicant prepares a "federal consistency certification” describing the activity and how it is consistent with the CZMP’s applicable enforceable policies. They then submit the certification to Ecology.
Ecology has six months from the receipt of the consistency certification to issue a decision either concurring with the applicant’s finding of consistency, attaching conditions, or objecting. If Ecology does not act within the six months, the activity is presumed consistent.
Complete the form below to demonstrate consistency with the Coastal Zone Management Program:
Policies used for Federal Consistency Review
"Enforceable policies" are described as state laws and regulations containing standards specific enough to help an applicant determine what must be followed when undertaking a project or development in the coastal zone.
States must submit their coastal zone management policies to NOAA, who determines whether or not to approve a state's policies as part of a state’s Coastal Zone Management Program. Washington was the first state in the nation to receive federal approval for its Coastal Zone Management Program.
In Washington, only certain state laws and regulations are considered enforceable policies. NOAA has approved our enforceable policies, and we apply them to certain projects to ensure the consistency of federal actions with the enforceable policies of our Coastal Zone Management Program.
Washington’s Coastal Zone Management Program includes enforceable policies within the following state authorities:
- State Shoreline Management Act
- State Water Pollution Control Act
- State Clean Air Act
- State Ocean Resources Management Act
- State Marine Spatial Plan
We are continually updating our enforceable policies. Any future changes will be available for public review and comment and posted on our CZM program announcements page.
Review & comment
Often Ecology and the federal agency issuing the permit or license will issue a joint public notice; otherwise, we will issue a separate public notice for the project. Each public notice will include a comment period during which the public, federal, state, and local agencies, Tribes, and other interested parties can submit comments on the proposed project.
Comments can be submitted by mail or email and will be made part of the official record.