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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
(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.
(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