Federal Consistency Review in Massachusetts

In response to the federal Coastal Zone Management Act (CZMA), the Commonwealth developed its coastal zone management plan, which was approved by the National Oceanic and Atmospheric Administration (NOAA) in 1978. Included in that plan, as amended, are enforceable Coastal Zone Management (CZM) program policies with their underlying statutory and regulatory authorities, which articulate Massachusetts priorities for protection and management of its coastal resources.

As applied in Massachusetts, the federal consistency process is described in state regulations at 301 CMR 21.00 (PDF, 1.0M). CZM's enforceable program policies and their implementing authorities are found at 301 CMR 21.98: Policy Appendix.

Federal consistency review is required for project proposals that:

1. are in or can reasonably be expected to affect the resources or land or water uses of the Massachusetts coastal zone; and
2. require a federal license or permit, are federally funded or are a direct activity of a federal agency.

Project proponents must demonstrate that the proposed activity is consistent with enforceable CZM program policies.

The Massachusetts coastal zone is a defined area extending landward 100 feet from certain specified roads or transportation lines and seaward to the extent of the Commonwealth's territorial sea (generally, but not always, three miles from shore) plus all of Barnstable County and the Islands. The coastal zone is mapped in the Coastal Atlas, copies of which are available at public libraries in coastal cities and towns, at CZM's regional offices, and at the CZM Office at 251 Causeway Street, 8th floor, Boston, MA. CZM's regulations at 301 CMR 21.99: Boundary Appendix provides a verbal description of the Massachusetts coastal zone. Projects that are physically outside of the coastal zone, but may affect the land or water uses or natural resources of the coastal zone, may be subject to federal consistency review.

Direct federal activities include such undertakings as dredging of federal navigation channels by the U.S. Army Corps of Engineers (Corps) and off-shore oil and gas leasing. Federal activities subject to CZM review are found at 301 CMR 21.06 and 21.08. Federal licenses or permits include any which govern the use of land and water resources of the coastal zone. Examples include the Corps' Section 10/404 permits and the U.S. Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) permits. A complete list of federal licenses and permits reviewed by CZM is found at 301 CMR 21.07. Federally funded projects include those proposed in or near the coastal zone that may affect its resources. U.S. Department of Housing and Urban Development funding for a community center in the coastal zone is an example of a project subject to federal consistency review. Federally funded projects reviewed by CZM are listed at 301 CMR 21.09.

CZM looks to established environmental review thresholds to gauge when projects may significantly affect the coastal zone. In many instances, projects that are below the thresholds of the Massachusetts Environmental Policy Act (MEPA) (see 301 CMR 11.03: MEPA Review Thresholds) have been determined to have minimal effects on the resources of the coast and are not reviewed by CZM. Point-source discharges to coastal waters, disposal of any amount of dredged material at the Massachusetts Bay Disposal Site, and exempt bridge projects are examples of activities not subject to MEPA, but subject to CZM federal consistency review. Upon request, CZM will make a determination of its jurisdiction over specific activities.

CZM has worked closely with the Corps and EPA to develop general permits for projects of minimal environmental impact. Examples of these general permits are the Corps' Programmatic General Permit (PGP) and EPA's general permits for point source discharges. CZM has found these permits to be consistent with its policies and therefore projects that qualify for these permits are not usually subject to additional federal consistency review, unless the proposed activity is not one foreseen in the development of the general permits.

Click here to go to the Federal Consistency Review table of contents.