Federal Consistency Review

Authorities: 16 U.S.C. 1451 et seq.: Coastal Zone Management Act of 1972, as amended, 15 CFR 930; M.G.L. c. 21A, �� 2, 4: Massachusetts Coastal Zone Management Act, 301 CMR 20.00: Coastal Zone Management Program, 301 CMR 21.00: Federal Consistency Review Procedures. Jurisdiction: Any project undertaken by a federal agency, requiring a federal permit, requiring a federal offshore oil and gas lease, or receiving federal funding that is in or may affect the land or water resources or uses of the Massachusetts coastal zone. The Massachusetts coastal zone is the area bounded by the seaward limit of the state's territorial sea (generally 3 miles from shore) to 100 feet landward of specified major roads, railroads, or other visible right-of-way (generally the first major transportation corridor inland of the shoreline). Projects outside this area but which may affect it may be subject to jurisdiction. Applicability: Any project proposal that is above certain thresholds (generally, the Massachusetts Environmental Policy Act (MEPA) (15) thresholds) and that requires a federal license or permit must be found to be consistent with Massachusetts Office of Coastal Zone Management's (CZM) coastal policies. Regulatory CZM's federal consistency review ensures that any federal activities in or affecting Massachusetts coastal resources is consistent with state coastal policies. These policies, the so-called enforceable program policies, are based on existing Massachusetts statutes and regulations and offer policy guidance on management of water quality, marine habitat, protected areas, coastal hazards, port and harbor infrastructure, public access, energy, ocean resources, and growth management. The project-specific federal activity cannot take place until CZM concurs that the project is consistent with state coastal policies. Review Process: After receiving the final MEPA Certificate for the proposed project, the applicant must submit a copy of the Certificate, a copy of the federal license or permit application, and a federal consistency certification that describes the project's compliance with CZM's policies to CZM. CZM will place a public notice in the Environmental Monitor and will accept written comments for 21 days after the day of publication. CZM may concur with an applicant's federal consistency certification any time after the close of public comment and after it has received all other applicable state license and permits. CZM has a maximum of 180 days to complete its review. If CZM objects to an applicant's federal consistency certification -- that is, finds that the project proposed is not consistent with its policies -- the applicant can appeal that decision to the U.S. Secretary of Commerce. Forms: No forms. Applicants must provide copies of the MEPA Certificate and the federal permit application, and a federal consistency certification. Fees None. Website: www.mass.gov/czm. Contact: CZM Project Review Coordinator [phone]