The Federal Coastal Zone Management Act

In 1972, Congress passed the Coastal Zone Management Act (CZMA), which establishes a national policy to "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations" and to "encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone..." (16 U.S.C. 1452, Sec. 303 (1) and (2)).

Section 307 (c)(3)(A) of the CZMA provides that "... any applicant for a required Federal license or permit to conduct an activity, in or outside the coastal zone, affecting any land or water use or natural resource of the coastal zone of that state shall provide ... a certification that the proposed activity complies with the enforceable policies of the state's approved program and that such activity will be conducted in a manner consistent with the program." Similar requirements are included for activities conducted by or funded by a federal agency.

The CZMA also defines enforceable program policies as "[s]tate policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and waters uses and natural resources in the coastal zone."

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