ML073240013

Nysdos Coast Zone Management Consistency Review

ML073240013
Person / Time
Site:	FitzPatrick
Issue date:	11/19/2007
From:	State of NY, Dept of State
To:	Office of Nuclear Reactor Regulation
References
Download: ML073240013 (3)

Text

Consistency Review

- Home Consistency Review

• State Coastal Policies

- About Us

• Federal Consistency What is Consistency?

- Department of State

• State Consistency Government at all levels, through its direct, regulatory, and financial

• Fish & Wildlife Habitats

- F.A.Q's assistance activities, greatly affects how land and water resources are

- LWRP Communities developed, used, or protected. Nowhere is this influence greater than along

- News & Events our coasts and waterways where both population and natural resources are

- Public Notices concentrated.

- Quality Communities

- Search Recognizing this, Congress and the State Legislature included in their Tioughnioga River respective coastal management and waterfront acts important provisions to insure greater coordination of governmental decision-making that affects the A multi-year effort will include development of a achievement of the policies they established to promote the appropriate use Tioughnioga riverfront trail system; enhanced public and protection of our coasts and waterways. These decision-making access sites and a quality fishing environment; standards and procedures are known as "consistency". environmental protection efforts; opportunities for linkages to historic Through these provisions, public agency decisions - whether they involve downtowns; economic development; historic and direct activities, funding, or permits - are to result in activities that are cultural connections; and cooperative marketing.

"consistent" with the State's coastal policies.

The federal Coastal Zone Management Act (CZMA) requires that 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.

In New York State, the enforceable coastal policies are those in the New York State Coastal Management Program (CMP) and the enforceable policies of any Local Waterfront Revitalization Program, regional coastal management programs such as the Long Island Sound Coastal Management Program, or other special area management plan that has been incorporated into New York State's approved management program.

Likewise the State Waterfront Revitalization of Coastal Areas and Inland file:///Gl/ADRO/DLR/REBB/Fitzpatrick/FSEIS Preparation/WATER STUFF/Consistency Review.htm (1 of 3)11/19/2007 1:37:05 PM

Consistency Review Waterways Act includes provisions to assure consistency of state actions and where appropriate federal actions, with the policies of the coastal area and inland waterways, and with accepted waterfront revitalization programs of the area defined or addressed by such programs.

At the local government level, cities, towns, or villages with adopted Local Waterfront Revitalization Programs enact similar consistency provisions applicable to their decision-making.

These requirements apply to municipal agency decision-making, such as decisions involving zoning changes, subdivisions, site plans, special use permits, municipal construction projects, and funding activities.

Municipalities that have adopted an LWRP should be contacted directly regarding their requirements.

Who is Affected by Consistency Requirements?

Federal agencies are required to follow certain procedures for any activity they undertake, fund or approve.

State agencies are required to follow certain procedures for direct or funding actions and for any action, including permits, for which they are an involved or lead agency pursuant to the State Environmental Quality Review Act and for which an Environmental Impact Statement may be necessary. State agency activities listed in an approved Local Waterfront Revitalization Program are also subject to consistency procedures. State agencies are also required to follow the federal consistency requirements if they require federal approval of their activity or if the activity involves federal funding.

Municipal agencies of a city, town, or village with an adopted LWRP are required to follow the procedures established by their municipality to assure consistency of local activities with the adopted LWRP. A municipal agency of any coastal municipality may be subject to State and federal consistency procedures if they require State or federal approval of their activity or are using State or federal funds for the activity.

Any person who is considering an activity in, or affecting, the State's coastal area that requires approval from a federal, State or local agency (in a city, town, or village with an adopted LWRP) may be required to comply with certain consistency requirements or have their action subject to state agency consistency requirements.

©2004 NYS Department of State (All Rights Reserved) l Terms & Conditions Financial assistance provided by the Coastal Zone Management Act of 1972, as amended, administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration.

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