(1)
Jurisdiction.
The Coastal Zone Management Act (
16 U.S.C.
1451
et seq.) requires all
Federal Actions with reasonably foreseeable effects on any land or water uses
or natural resources of a state's coastal zone to be consistent with the
enforceable policies of the approved Coastal Zone Management Program for that
state. In accordance with applicable provisions of the Federal Consistency
Regulations, 15 CFR 930, Subparts A through I, the CZM Office may review such
Federal Actions with coastal effects for consistency with the Enforceable
Policies, if such actions occur in the Coastal Zone, in Massachusetts coastal
watersheds, in lands or waters of adjacent states, or in federal lands or
waters. Except as may otherwise be provided in the Federal Consistency
Regulations, the CZM Office may carry out such review without further approval
from OCRM or other federal agency if the Federal Action has been specifically
identified and listed in the CZM Policy Guide as having Coastal
Effects.
(2)
Conduct of
Consistency Reviews. The CZM Office will review Federal Actions
subject to the requirement of consistency with Enforceable Policies. Where
appropriate, to avoid additional review of actions with negligible
environmental impact, informed in part by established environmental review
thresholds, such as those under MEPA, the CZM Office will cooperate with
federal regulatory agencies to incorporate consistency review into the joint
inter-agency review of general permits, provided that the coastal effects of
projects (including cumulative effects) eligible for such permits are
satisfactorily addressed in conditions stipulated by the federal agency for
purposes of a general concurrence. Where individual reviews for consistency are
carried out, the CZM Office shall act in accordance with all applicable
provisions of the Federal Consistency Regulations, 15 CFR 930, Subparts A
through I, and in conjunction with the following supplemental provisions:
(a) The CZM Office shall provide an
opportunity for public participation in any federal consistency review it
conducts, which will include CZM's notice to the public of commencement of
review and opportunity for public comment as provided electronically in the
Environmental Monitor and, as defined in the CZM Policy Guide, in appropriate
local newspapers. CZM, at its discretion, may hold a public hearing. If a
public hearing is conducted in the locality or region likely to be affected by
the Federal Action in question, the notice(s) shall announce the time(s) and
place(s) that such hearing(s) will be held.
(b) In accordance with St. 1989, c. 716, CZM
shall refer all consistency certifications it receives for proposed activities
in Barnstable County to the Cape Cod Commission. Such referral will consist of
the consistency certification submitted to CZM and the public notice for
publication in the Environmental Monitor. The referral will be
sent to the Cape Cod Commission's Executive Director via electronic mail with
delivery confirmation before the commencement of the public comment period.
Within the comment period stipulated in the public notice, the Cape Cod
Commission will notify CZM in writing of any objections it may have to a
consistency certification where the Commission finds inconsistencies between
the proposed activities and the Cape Cod Commission's Regional Policy Plan and
local comprehensive plans certified by said Commission. CZM shall take into
account elements of those objections by the Commission that are directly
related to the Enforceable Policies. Any conflict between CZM and the
Commission shall be referred to and resolved by the EEA Secretary.
(c) Pursuant to applicable provisions of the
Federal Consistency Regulations, 15 CFR 930, Subparts A through I, necessary
data and information to be submitted with a consistency certification shall
include all of the applicable data and information necessary for the
commencement of federal consistency required by
15 CFR
930.58 and as specifically described in the
CZM Policy Guide has been received by CZM.
(d) Pursuant to applicable provisions of the
Federal Consistency Regulations, 15 CFR 930, Subparts A through I, the CZM
Office may object to the consistency certification if any application for a
specified state or local permit is denied, or if the applicant has failed to
provide copies of final decisions on all applications identified as necessary
data and information pursuant to 301 CMR 20.04(2)(d). CZM may stipulate
conditions as may be necessary to achieve consistency with Enforceable Policies
pursuant to provisions of the Federal Consistency Regulations. In the event an
applicable plan, project proposal, or application is not modified accordingly,
such conditional concurrence shall be treated as an objection to the Federal
Action in question.
