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(3) Areas of substantial recreational (ii) Direct State land and water use value and/or opportunity;

planning and regulation; or (4) Areas where developments and fa- (iii) State administrative review for cilities are dependent upon the utiliza- consistency with the management protion of, or access to, coastal waters; gram of all development plans, projects,

(5) Areas of unique geologic or topo- or land water use regulations, including graphic significance to industrial or com- exceptions and variance thereto, promercial development;

posed by any State or local authority or (6) Areas of urban concentration private developer with power to approve where shoreline utilization and water or disapprove after public notice and an uses are highly competitive;

opportunity for hearings. (7) Areas of significant hazard if de

It is for the several States to determine veloped, due to storms, slides, floods, erosion, settlement, etc.; and

the appropriate role of local governments

in administering its coastal zone pro(8) Areas needed to protect, maintain

gram. The Act recognizes that local or replenish coastal lands or resources,

governments are closest to those who will such areas including coastal flood plains,

be most affected by a management proaquifer recharge areas, sand dunes, coral

gram and that many sub-State units and other reefs, beaches, offshore sand

often can make a useful contribution to deposits, and mangrove stands.

the development of the program. Section This inventory and designation of geo- 306 requires that: Local governments graphic areas of particular concern will and other interested public and private be of assistance in meeting the require- parties must have an opportunity for full ment in section 306(c) (9) of the Act participation in the development of the which requires that the management management program; the State has coprogram “make provision for procedures ordinated with local, areawide, and whereby specific areas may be designated interstate plans; and, the State has for the purpose of preserving or restoring established an effective mechanism for them for their conservation, recreational, continuing consultation and coordination ecological, or esthetic values."

with local governments and other units 8 920.14 Means of exerting State con

to insure their full participation in carrytrol over land and water uses.

ing out the management program (e.g.,

advisory councils composed of representSection 305(b) (4) of the Act requires atives of local government). that the management program include (b) Some of the issues to be addressed “an identification of the means by which in identifying the means by which a State the State proposes to exert control over

will propose to exert its control include: land and water uses referred to in

(1) Whether existing State powers (8 920.12) including a listing of relevant constitutional provisions, legislative en

and authority are sufficient to exert one actments, regulations, and judicial deci

of the three alternative means of control sions.” A fundamental purpose of this

specified in section 306(e); legislation is to broaden the perspective

(2) What specific modifications or by which decisions affecting the coastal

strengthened mandates would be needed zone are made to incorporate a statewide to qualify the State under section 306(d) view. Congress in section 306(e) provided and (e); three methods by which a State might (3) Whether a shared State-local or carry out its management responsibilities State-areawide regional consolidated in an acceptable manner. Section 306(e)

regulatory system should be established. of the Act provides: (a) Prior to granting approval, the

It is important that the States determine Secretary shall also find that the pro

at an early stage whether legislation is gram provides:

needed, and identify the elements of that (1) For any one or a combination of

legislation to meet the requirements in the following general techniques for con

section 306(d) and (e). This requires trol of land and water uses within the

that the State, acting through its chosen

agency or agencies, including local govcoastal zone:

ernments, areawide agencies designated (i) State establishment of criteria and

under section 204 of the Demonstration standards for local implementation, sub- Cities and Metropolitan Development Act ject to administrative review and en- of 1966, regional agencies, or interstate forcement of compliance;

agencies, have authority for the manage

ment of the coastal zone in accordance ular concern." These decisions should with the management program. Such au- assist the State in establishing preferred thority shall include power

uses tailored to specific areas in its (i) To administer land and water use coastal zone. Priority guidelines will serve regulations, control development in order three essential purposes: to insure compliance with the manage- (a) To provide the basis for regulating ment program, and to resolve conflicts land and water uses in the coastal zone; among competing uses; and,

(b) To provide the State, local govern(ii) To acquire fee simple and less than

ments, areawide/regional agencies, and fee simple interests in lands, waters, and citizens with a common reference point other property through condemnation or for resolving conflicts, and other means where necessary to achieve

(c) To articulate the States' interest conformance with the management in the preservation, conservation, and program.

orderly development of specific areas in The required listing of relevant constitu

its coastal zone. tional provisions, legislative enactments, It should be noted that States will be exregulations and judicial decisions will, of

pected to utilize all available information course, be one foundation for analyzing

relating to characteristics of the coastal and making decisions concerning the zone when planning for specific uses. For above issues and alternatives. In order to example, data on flood inundation at 100undertake the kinds of work outlined year intervals should be examined to deabove, however, it will be necessary to go termine the feasibility or wisdom of conbeyond a mere listing by preparing an struction on affected sites. assessment of current legal constraints

$ 920.16 Organizational or prohibitions, needed executive or leg

structure to islative initiatives, and where required,

implement the management program. to prepare the elements of any legislative Section 305(b) (6) requires a manageprogram needed to establish a compre- ment program to include: “A description hensive and effective management pro- of the organizational structure proposed gram. There is room to exercise strength- to implement the management program, ened design and management imagina- including the responsibilities and intertion and creativity under this program relationships of local, areawide, State, for coastal zone management. While past regional and interstate agencies in the research and planning efforts have often management process.” One essential elebeen limited by existing law, policy and ment of the organizational structure is practices, the Act encourages creative ap- the requisite State involvement in land proaches to action programs for orderly and water use decisions in the coastal development, and preservation or resto- zone as set forth in § 920.14. Another, is ration of areas within the coastal zone the process of coordination by the State for their conservation, recreational, eco- with local, areawide, regional and interlogical or esthetic values. Thus, the state agencies, in the development and States are encouraged to consider in- administration of the management pronovative techniques or strategies that gram. Guidance with respect to organizaare now being tested and utilized both in tional structure is provided in section 306 the United States and elsewhere that (c) which requires that the Secretary, they deem suitable to their management prior to granting approval of a manageneeds.

ment program, find that: 8 920.15 Designation of priority uses

(a) The State has within specific geographic

(1) Coordinated its program with throughout the coastal zone.

local, areawide, and interstate plans apSection 305(b) (5) of the Act requires

plicable to areas within the coastal zone that the management program include

existing on January 1 of the year in “broad guidelines on priority of uses in

which the State's management program

is submitted to the Secretary, which particular areas including specifically those uses of lowest priority.” This re

plans have been developed by a local gov

ernment, an areawide agency designated quired element is closely tied to the re

pursuant to regulations established under quirements in $ $ 920.12 and 920.13 and

section 204 of the Demonstration Cities should build upon the States' findings and Metropolitan Development Act of and conclusions reached concerning 1966, a regional agency, or an interstate "permissible uses” and areas of "partic- agency; and

areas

(2) Established an effective mech- Subpart C-Research and Technical anism for continuing consultation and

Support coordination between the management

§ 920.20 General. agency designated (by the Governor) and

(a) It is clear that the process of with local governments, interstate agencies, regional agencies, and areawide

developing (and operating) a manageagencies within the coastal zone to assure

ment program for the coastal zone will the full participation of such local gov

necessarily involve frequent access to inernments and agencies in carrying out

formational and research sources. In the purposes of this Act.

many cases, adequate understanding of (b) The management program and

questions such as dune stabilization, any changes thereto have been reviewed

barrier beach dynamics, salt marsh and approved by the Governor.

productivity and estuarine circulation (c) The Governor of the State has

and flushing, to mention only a few, will designated a single agency to receive and

be needed in order to develop successful administer the grants for implementing

management programs. Also, the process the management program.

of inventorying and mapping the nature (d) The State is organized to imple

of a State's zone, and designation of ment the management program required

areas of particular concern almost cerunder paragraph (d) (1) of this section.

tainly will benefit from the application Based on policies, management ap

of technologies such as those employing proaches, technical data, priorities and

remote sensing. existing or potential powers and authori

(b) A substantial number of sources ties developed by the State in $$ 920.11

for such information exist within Federal through 920.15, the critical issues of or- agencies, in universities, in State and ganizational structure, administrative re

Federal laboratories and research censponsibilities and institutional arrange

ters, and in the private sector. NOAA'S ments must be resolved. While a detailed

Office of Coastal Environment, with the institutional structure for achieving the

assistance of the Environmental Data Act's objectives cannot be specified in ad

Service, will endeavor to serve generally vance of development of the manage

as a clearinghouse for specialized coastal ment program, the agency designated, or

zone technical information, and will isto be designated, by the Governor to re

sue pertinent publications on appropriceive and administer management grants

ate technical support available at least should have:

from Federal sources. (1) Authority to correlate the activ- (c) Because some features of the ities of all State, local, areawide/regional coastal zone remain incompletely underor other entities in the coastal zone;

stood, States may find it necessary to act (2) Appropriate access to the Gov- without all of the basic technical inforernor; and

mation that they require. The Office of (3) Requisite powers set forth in sec

Coastal Environment intends to identify tion 306 of the Act.

unsolved coastal research problems and

will seek to facilitate their solution. In addition, States should strengthen co

Monitoring programs established as part operative mechanisms for State-Federal

of the development of a management consultation in key mutual areas of con

program may also, if properly designed, cern, particularly where Federal activi

produce data which can be used to elucities affect the coastal zone. Section 306

date important coastal zone phenomena. requires that the management program

(d) It should be pointed out that the provide for a method of assuring that

primary emphasis of the coastal zone local land and water use regulations

management program is to create the within the coastal zone do not unreason

mechanism for States to exert appropriably restrict or exclude land and water

ate control over land and water uses and uses of regional benefit. Cooperation

to begin the management process, not to. among the various State and regional

engage in long-term research projects. agencies including establishment of

Applications for management program interstate and regional agreements, co

development grants which contain suboperative procedures, and joint action,

stantial research elements will be careparticularly regarding environmental

fully reviewed to assure that these problems and resource development in elements are essential to the successful the national or regional interest, is en- development of a State's management couraged.

program and are an integral part of a comprehensive review of existing infor- ministration, Page Building 2, 3300 mation relating to the management Whitehaven Street NW., Washington, program. Clearly, the nature of this pro- D.C. gram will give preference to and encour- (e) Environmental Research Laboraage research in such applied activities tories: Conduct a wide ranging research as resource surveys, inventories, and de- program in the ocean and atmospheric termination of environmental carrying sciences. Contact Environmental Recapacities.

search Laboratories, National Oceanic (e) In developing their management and Atmospheric Administration, Boulprograms, States should always endeavor der, Colo. 80302. to locate and utilize existing information (f) Office of Coastal Environment: and research sources to the extent ap- Contains responsibility for administraplicable and available rather than under- tion of the Coastal Zone Management taking unnecessary independent research Act as well as a number of coastal enor information gathering, as part of pro- vironmental studies and manned undergram development effectiveness. In this water activity programs. Contact Office respect, the Office of Coastal Environ- of Coastal Environment, National Ocement should ordinarily be initially con- anic and Atmospheric Administration, tacted to ascertain what information and Rockville, Md. 20852. assistance it can provide.

(g) Other sources of information and

resourses are: § 920.21 Approaches to research activities.

(1) Research carried on by or for the

U.S. Army Corps of Engineers; In addition to taking full advantage of (2) The Environmental Protection the various sources of technical informa

Agency has information on environmention found within the individual states,

tal programs and water quality studies the States will also find that one of the and could be consulted for technical inimportant sources of technical informa- formation and assistance in environmention will be the various components of tal pollution control problems and techNOAA which support ongoing programs niques; in coastal research and mapping, physi

(3) Department of Housing and Urban cal oceanography, and hydrography.

Development research program; Those elements of NOAA which States (4) Office of Water Resources Remay wish to contact for assistance in

search, U.S. Department of the Interior; clude:

(5) National Science Foundation-Re(a) Office of Sea Grant: Supports a search Applied to National Needs; and large program of university research

(6) U.S. Geological Survey water and aimed largely at coastal zone-related

minerals resources investigations. problems. Contact Office of Sea Grant,

(h) In addition to the research activiPennsylvania Building, 425 13th Street

ties cited above, there are many ongoing NW., Washington, D.C. (b) National Ocean Survey: Conducts

programs conducted by agencies at the

State and Federal level which can proa substantial inhouse effort on coastal

vide technical assistance and should be mapping and charting, geodesy, hydrog

utilized where appropriate. Inasmuch as raphy, and related subjects. Contact

further effort will be made to identify National Ocean Survey, National Oceanic

relevant Federal program, they are not and Atmospheric Administration, Rock

described in detail here. They are, howville, Md. 20852.

ever, housed in such Federal agencies as: (c) National Marine Fisheries Service: Undertake biological and ecological re

Regional Economic Development Commis

sions, search and other programs relevant to

Soil Conservation Service, commercial and sport fisheries of all

U.S. Geological Survey, types. Contact National Marine Fisheries

National Aeronautic and Space AdministraService, Page Building 2, 3300 White

tion, haven Street NW., Washington, D.C. Atomic Energy Commission,

(d) Environmental Data Service: Water Resources Councils and Associated Monitors large quantities of environmen

River Basin Commissions. tal data of all types, including weather,

(i) Finally, it is important to establish oceanographic and earth sciences. In

and maintain a relationship with the recludes National Oceanic Data Center.

search community, designers, planners, Contact Environmental Data Service, decisionmakers, and managers. Because National Oceanic and Atmospheric Ad- applied and basic research will be a con

tinuing need in coastal zone manage- Where a portion of the plan has been ment, States should review and develop developed prior to the effective date of explicit statements of their research this Act, the requirement for public needs and strengthen their contacts and hearings under this Act shall be satisfied involvement with the private and public if the State shows that hearings comresearch community, by taking a lead plying with requirements of this section role in determining research and tech- have been held on such earlier developed nical assistance priorities, continuing portions of the plans, or if the State promutual project development activities vides a full opportunity for public hearand translation of scientific findings into ings on the plan prior to submission of information useful for managers.

the plan for approval under section 306.

In reviewing the plan submitted by a Subpart D-Public Participation

State, the Secretary will not approve any 8 920.30 General.

plan unless there has been a full and Public participation is an essential

effective opportunity for public involveelement of development and administra

ment in every portion of the plan. The tion of a coastal zone management pro

key to compliance with the provisions of gram. Through citizen involvement in

the Act is the assurance that the public the development of a management pro

has had an adequate opportunity to pargram, public needs and aspirations can ticipate in the development of a plan. be reflected in use decisions for the

More than one public hearing on the plan coastal zone, and public support for the

is not required: Provided, That a hearing management program can be generated.

is conducted prior to final adoption of Participating States, therefore, should

the plan and members of the public are seek to obtain extensive public participa

given adequate notice of the hearing and tion in the development and administra

a full opportunity to effectively particition of a coastal zone management

pate and make their views known at such program.

a hearing.

(d) Location of hearings. Hearings $ 920.31 Public hearings.

should be held in those geographic areas Section 306(c)(3) of the Act requires which would be principally affected by that public hearings be held in the de- the decisions on issues under consideravelopment of the management program.

tion at the hearing, e.g., establishment (a) Notice. Notification of public hear- of priority uses for a given geographic ing should provide the public the longest area. Hearings on the total management period of notice practical, but in no event program should be held in places within should notice less than the 30-day the State where all citizens of the State statutory minimum be provided. An

may have an opportunity to comment. nouncement of the hearings should be

(e) Timing of hearings. In many cases, through media designed to inform the

the population of the coastal zone fiucpublic-not merely to provide “technical

tuates significantly with the seasons of

the year. Efforts should be made to insure notice." Therefore, in addition to any

that hearings are held when those popupublication of legal notice as required by

lations most likely to be affected are State law, reasonably informative news

present. releases should be made available to the

(f) Report. A verbatim transcript of news media in the affected communities.

the hearings need not be prepared but a (b) Access to document. At the time of comprehensive summary should be prethe announcement, all agency materials pared and made available to the public pertinent to the hearings, including doc- within 30 days after the conclusion of uments, studies, the agenda for the the hearing. A copy of these summaries hearing, and other data, must be made

shall accompany the management proavailable to the public for review and

gram when it is submitted to the Secrestudy in the locale where the hearings

tary for approval. are to be conducted.

8 920.32 Additional means of public (c) Number of hearings. Where a participation. State has determined that a public hear- Formal public hearings may not proing or hearings will be held only on the vide an adequate opportunity for inforentire plan, it shall assure that the pub- mation exchange. To insure that the public is afforded an adequate opportunity to lic is heard during the development of the participate in the hearings.

program, efforts should be made to en

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