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Q:

What’s the process for Washington to use federal consistency to review federal license or federal permit in federal waters?

A:

Under Washington’s Coastal Zone Management Program, the Washington State Department of Ecology can seek authority to review a federal permit or license activity in federal waters in one of two ways:

  1. request approval from NOAA to review a federal permit or license in federal waters on a case-by-case basis
  2. amend its CZMP to describe specific geographic areas in federal waters (called a geographic location description or GLD) where specified federal license or permit activities would be automatically subject to state review.

(See 15 C.F.R. §§ 930.53 and 930.54).

For more information, read the Department of Ecology’s summary of the Coastal Zone Management Act.

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