NOAA’s CZMA regulations contain the requirements and procedures related to state coastal management programs. The regulations for the development, modification, funding and review of state coastal management programs are found at 15 C.F.R. part 923, subparts A-K. The regulations for federal consistency are found at 15 C.F.R. part 930, subparts A-I. These regulations are modified from time to time through the rulemaking process and, when modified, the preambles to any Final Rules issued in the Federal Register contain important information regarding regulatory requirements and procedures (even if the Final Rule is many years past).
Federal Consistency Proposed Rulemaking
On March 11, 2019, NOAA published in the Federal Register this Advance Notice of Proposed Rulemaking (ANPR) related to CZMA Federal Consistency Reviews of Outer Continental Shelf Oil and Gas Projects (RIN: 0648-BH78). The citation for the ANPR Federal Register Notice is 84 FR 8628-8633 (Mar. 11, 2019). The comment period is 45 days with comments due by April 25, 2019. The Federal Register Notice contains instructions for submitting comments to NOAA through Regulations.gov.
Federal Consistency Final Rules
The federal consistency regulations were modified in 2006 and 2000 and the Final Rules for these rulemakings contain substantial information that should be consulted if questions arise regarding a regulatory section.
- NOAA’s Final Rule ‒ January 5, 2006, revising the Federal Consistency Regulations (71 Federal Register 787 - 831 (January 5, 2006)) and technical corrections (71 Federal Register 75864-75865 (December 19, 2006)).
- NOAA's Final Rule ‒ December 8, 2000 for the Federal Consistency Regulations (65 Federal Register 77123-77154 (December 8, 2000)).
Program Change Rulemaking
NOAA is currently working on changes to the CZMA regulations related to changes to state coastal management programs. NOAA intends to replace the CZMA program change regulations, 15 C.F.R. part 923, subpart H, and Final Program Change Guidance with new regulations to establish a more efficient and transparent process for reviewing changes to a state’s federally approved coastal management program. This rulemaking process started when NOAA published in the Federal Register an advance notice of proposed rulemaking titled “Changes to the Coastal Zone Management Act Program Change Procedures,” 73 Federal Register 29093-29094 (May 20, 2008), requesting input from states, federal agencies, and the public. On November 8, 2016, NOAA published in the Federal Register a Proposed Rule, 81 FR 78514-78526 (Nov. 8, 2016).
Comments Submitted on the Advanced Notice of Public Rulemaking
- Department of the Navy ‒ received August 18, 2008
- San Francisco Bay Conservation and Development Commission ‒ received August 18, 2008
- Coastal States Organization ‒ received August 15, 2008
- Oregon Coastal Management Program‒ received August 13, 2008
- Delaware Coastal Management Program ‒ received August 12, 2008.
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