Q:
What is “federal consistency”?
A:
Under the federal Coastal Zone Management Act of 1972 (CZMA), Section 307 is the “federal consistency” provision that gives a coastal state Washington Department of Ecology administers the state’s CZMP and is responsible for implementing the state’s coastal management program and conducting federal consistency reviews. The specific type of federal action will determine whether a consistency determination or certification is required and what procedures must be followed to demonstrate consistency with the enforceable policies of Washington’s CZMP.
Ecology then reviews the federal action for consistency and either a strong voice, that it would not otherwise have, inbfederal agency decision-making for activities that may affect the coastal uses or resources of a state’s coastal zone. Generally, federal consistency requires that federal actions (which includes federally-permitted actions and federal government projects), within and outside the coastal zone, which have reasonably foreseeable effects on any coastal use (land or water) or natural resource of the coastal zone be consistent with the enforceable policies of a state’s federally approved coastal zone management program (CZMP).
Washington Department of Ecology administers the state’s CZMP and is responsible for implementing the state’s coastal management program and conducting federal consistency reviews. The specific type of federal action will determine whether a consistency determination or certification is required and what procedures must be followed to demonstrate consistency with the enforceable policies of Washington’s CZMP. Ecology then reviews the federal action for consistency and either concurs with, concurs with conditions, or objects. See NOAA’s regulations at 15 C.F.R. Part 930 and NOAA’s Federal Consistency Overview document for additional information about federal consistency and enforceable policies.
For more information, read the Department of Ecology’s summary of the Coastal Zone Management Act.