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Coastal Zone Management Act (CZMA), 1972

Description and Intent

The Coastal Zone Management Act (CZMA) encourages the management of coastal zone areas and provides grants to be used in maintaining coastal zone areas. It requires that federal agencies be consistent in enforcing the policies of state coastal zone management programs when conducting or supporting activities that affect a coastal zone. It is intended to ensure that federal activities are consistent with state programs for the protection and, where possible, enhancement of the nation's coastal zones.

The Act’s definition of a coastal zone includes coastal waters extending to the outer limit of state submerged land title and ownership, adjacent shorelines and land extending inward to the extent necessary to control shorelines. A coastal zone includes islands, beaches, transitional and intertidal areas, and salt marshes.

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Summary of Requirements

The CZMA requires that states develop a State Coastal Zone Management Plan or program and that any federal agency conducting or supporting activities affecting the coastal zone conduct or support those activities in a manner consistent with the approved state plan or program.

To comply with the CZMA, the federal agency must identify activities that would affect the coastal zone, including development projects, and review the state coastal zone management plan to determine whether the activity would be consistent with the plan. The federal agency must then notify the state of its determination. This determination must be in writing and include a detailed description of the action, its associative facilities, and coastal zone effects; a brief statement of how the activity would be consistent with the state coastal zone management plan; and data to support the consistency determination.

States are required to respond to consistency determinations. If a state agency disagrees with the determination, it must respond with its reasons for disagreeing, along with supporting documentation, and recommend alternatives that would allow the activity to proceed consistent with the management program.

If a conflict arises between the state and the federal agency over how a federal undertaking should proceed, several approaches can be taken to resolve the conflict, including informal discussions between the parties with the assistance of NOAA, mediation by the Secretary of Commerce with public hearings; and judicial review.

Federally licensed and permitted activities and federal financial assistance to state and local governments which affect the coastal zone are also subject to federal consistency provisions. Before the federal agency can approve a license or permit or grant financial assistance, the applicant for a federal license, permit or financial assistance must attach a consistency certification issued by the state coastal agency. If the state objects to a license permit or financial award, the applicant can appeal this decision to the Department of Commerce on the grounds that the proposal is consistent with the objectives or purposes of the Coastal Zone Management Act or is necessary in the interest of national security.

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Useful Links

Useful Information to Assist in FEMA's EHP Review
Text of Coastal Zone Management Act (CZMA), 1972
15 CFR Part 923
15 CFR Part 930
National Oceanic and Atmospheric Administration, Celebrating 30 Years of CZMA

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Last Modified: Wednesday, 11-Aug-2010 14:15:33 EDT