## Session No. 29

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**Course Title: Coastal Hazards Management**

**Session Title: Federal Policy II: Coastal Zone Management Act; Coastal
Barrier Resources Act**

**Author: Professor David J. Brower, University of North Carolina at
Chapel Hill**

> **Time: 50 Minutes**

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**Objectives:**

1.  Understand the Coastal Zone Management Act and its role in
    mitigating the impact of coastal hazards.

2.  Understand the Coastal Barrier Resources Act and its role in
    mitigating the impact of natural hazards.

**Scope:**

The purpose of this session is to continue the exploration of the role
of national policy in managing development in the coastal zone in
general, and more specifically, the role of federal policy in mitigating
the impacts of natural hazards in the coastal zone.

This session will deal with two of the most important national policies
that directly affect the coastal zone: the Coastal Zone Management Act
(CZMA) and the Coastal Barrier Resources Act (CBRA). These are national
policies formulated to affect the coastal zone of the United States in
particular ways, with little or no effect on non-coastal areas of the
Nation.

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**Readings:**

*Instructor and Student Reading:*

Beatley, Timothy, et al. 2002. *An Introduction to Coastal Zone
Management*, 2nd Edition. Washington, DC :Island Press, pp. 101-110;
137-156.

Burby, Raymond J., Ed. 1998. *Cooperating With Nature: Confronting
Natural Hazards with Land-Use Planning for Sustainable Communities.*
Washington, D.C.: Joseph Henry Press, pp. 65-69.

The H. John Heinz III Center for Science, Economics and the Environment.
2000. *The Hidden Costs of Coastal Hazards*. Washington, D.C.: Island
Press, pp. 16-20.

Platt, Rutherford H. 1999. *Disasters and Democracy: The Politics of
Extreme Natural Events.* Washington, D.C.: Island Press, pp. 80-81.

Platt, Rutherford H., et al. 1992. *Coastal Erosion: Has Retreat
Sounded?* Boulder, CO: Institute of Behavioral Science, pp. 29-31;
34-35.

Salvesen, David and David R.Godschalk. Development on Coastal Barriers:
Does the Coastal Barrier Resources Act Make a Difference?" Prepared for
the Coast Alliance, Washington, D.C. available at
[www.coastalliance.org/cbra/cbrarepl.pdf](http://www.coastalliance.org/cbra/cbrarepl.pdf)

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**General Requirements**:

The examples of federal policy that are addressed in this session may be
presented as lecture supported by PowerPoint slides and class
discussion.

As with other session of this nature, Session 29 provides a vast amount
of information regarding provisions in the legislation enacting these
programs and authorizing these agencies. The instructor may choose to
assign the material as preparatory reading for class, and/or cover the
material fairly quickly during the lecture. The instructor may then wish
to devote the bulk of class time on discussion and debate among the
students regarding the merits and weaknesses of the respective programs.

Alternatively, this session may be replaced by student presentations, as
outlined in Appendix A to Session 28.

In addition to the assigned readings, the students should be asked to
look at the official websites for the Coastal Zone Management Act and
the Coastal Management Program, as well as the Coastal Barrier Resources
Act and the Coastal Barrier Resources System (including the maps). They
should also look up the website of a state coastal management program,
preferably of the state in which they live.

**Power Point Slides:**

**PowerPoint 29.1** Map of approved Coastal Management Programs

**PowerPoint 29.2** CZMA Section 302(j)

**PowerPoint 29.3** Some of the CZMA requirements for a State Coastal
Management Program: Excerpts from Section 306(a) and (d)(2) of the
Coastal Zone Management Act of 1972

**PowerPoint 29.4** Some of the CZMA requirements for a State Coastal
Management Program -**continued**

**PowerPoint 29.5** Some of the CZMA requirements for a State Coastal
Management Program -**continued**

**PowerPoint 29.6** The \"consistency doctrine\": Section 307 of the
Coastal Zone Management Act of 1972

**PowerPoint 29.7** The \"consistency doctrine\": Section 307
-**continued**

**PowerPoint 29.8** Coastal Zone Enhancement Grants: Section 309(a)(2)
of the Coastal Zone Management Act

**PowerPoint 29.9** Kinds of Coastal Barriers

**PowerPoint 29.10** Kinds of Coastal Barriers -**continued**

**PowerPoint 29.11** What is included in the Coastal Barrier Resources
System?

**PowerPoint 29.12** What is included in the Coastal Barrier Resources
system **- continued**

**PowerPoint 29.13** Map of North Carolina Coastal Barrier Resources Act
(CoBRA) Boundaries

**PowerPoint 29.14** Map of South Carolina Coastal Barrier Resources Act
(CoBRA) Boundaries

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**Objective 29.1** **Understand the national Coastal Zone Management
Program and how it may affect the impact of natural hazards on the
coastal zone.**

**Requirements:**

The content should be presented as a lecture supported by PowerPoint
slides and class discussion. Suggested questions to prompt classroom
discussion are presented at the end of this Objective.

Alternatively, the material may be presented as a student presentation
followed by class discussion.

The following slides will be used during this objective:

> **PowerPoint 29.1** Map of approved Coastal Management Programs

**PowerPoint 29.2** CZMA Section 302(j)

**PowerPoint 29.3** Some of the CZMA requirements for a State Coastal
Management Program: Excerpts from Section 306(d)(2) of the Coastal Zone
Management Act of 1972

> **PowerPoint 29.4** Some of the CZMA requirements for a State Coastal
> Management Program -**continued**
>
> **PowerPoint 29.5** Some of the CZMA requirements for a State Coastal
> Management Program -**continued**
>
> **PowerPoint 29.6** The \"consistency doctrine\": Section 307 of the
> Coastal Zone Management Act of 1972

**PowerPoint 29**.**7** The \"consistency doctrine\": Section 307
-**continued**

> **PowerPoint 29.8** Coastal Zone Enhancement Grants: Section 309(a)(2)
> of the Coastal Zone Management Act

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**Remarks:**

# What Is the Purpose of the Coastal Zone Management Act?

-   In the early 1970\'s Congress passed the Coastal Zone Management Act
    of 1972 (CZMA) 16 U.S.C. 1451 *et seq*

.

> \[***PowerPoint 29.1:*** Map of approved Coastal Management Programs\]

-   In passing the Act, the **legislature declared** that the **coastal
    zone** of the United States is of **tremendous importance to the
    entire nation**, not just to the individual coastal states, and that
    the **existing management programs** (largely state programs) were
    **not adequately managing** the coast.

-   The Act 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."

# How Does the CZMA Accomplish Its Purpose?

-   The CZMA is administered by the US Department of Commerce, through
    the National Oceanic and Atmospheric Administration's **(NOAA)**
    Office of Ocean and Coastal Resources Management **(OCRM).**

-   One of the unusual aspects of the federal Coastal Zone Management
    Program (CZMP), which was established by the Act, is that it is
    **completely voluntary**. No state is required to participate, nor
    are they penalized if they choose not to participate.

    -   Even though participation in the program is voluntary, **49 of
        the 50 states** have chosen to participate, and have federally
        approved Coastal Management Programs (the exception is
        Illinois).

-   Rather than attempt to create a federal program to manage the coast,
    the CZMA **encourages the individual states to develop Coastal
    Management Programs** that would better manage the coastal zone.

> \[***PowerPoint 29.2*:** CZMA Section 302(j)\]

# 

# The CZMA Establishes a Flexible Program

-   A state must respond to all of the requirements of the Act, but
    within that context, the **substantive content** of the state
    program is **left up to the state**.

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-   This flexible approach was established in recognition of the great
    **differences in the nature of the coast** from state to state. For
    example, Maine has a very different type of coastline than Georgia.
    (Recall the material presented in Sessions 2, 3, 4, and 5, which
    described the physical features of the coast)

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-   In addition, this flexible approach recognizes the many **social and
    political differences** evident in the coastal zone from state to
    state. (Recall PowerPoint slide 28.1 that showed the large number of
    political jurisdictions in the coastal zone; also recall the
    material presented in Session 11, "The Human Coast.")

# CZMA Incentives for State Participation

-   The Coastal Zone Management Act provides two strong **incentives
    for** states to formulate Coastal Management Programs:

    -   The first incentive involves **grants,** authorized by Sections
        305 and 306 of CZMA:

        -   **Section 305** money is made available to the states to
            prepare their Coastal Management Programs (CMP).

        -   **Section 306** money is made available to states to
            administer their approved Coastal Management Programs. The
            amount of the grant is based on \"the extent and nature of
            the shoreline\....covered by the program\" and its
            population.

    -   The second incentive is **\"the consistency doctrine,\"** found
        in Section 307 of the CZMA, which will be discussed later in the
        session.

-   Section 305 of the Act authorizes the Secretary of Commerce to make
    grants \"to any coastal state\" to \"be used to develop a management
    program consistent with\....**Section 306(d)(2)\...\"** of the Act.

> \[***PowerPoint 29.3*** Some of the CZMA requirements for a State
> Coastal Management Program: Excerpts from Section 306(d)(2) of the
> Coastal Zone Management Act of 1972\]
>
> \[***PowerPoint 29.4*** Some of the CZMA requirements for a State
> Coastal Management Program -**continued**\]
>
> \[***PowerPoint 29.5*** Some of the CZMA requirements for a State
> Coastal Management Program -**continued**\]

-   ***PowerPoint 29.3, PowerPoint 29.4*** and ***PowerPoint 29.5***
    contain excerpts of some of the most particularly relevant language
    from CZMA *Section 306(d)(2),* but it would be instructive for the
    students to look at the entire section so they can get a feel for
    what a state coastal management program must include to qualify for
    Section 306 funding.

# The Consistency Doctrine

-   The second incentive to encourage the states to participate in the
    Coastal Zone Management Program is derived from **Section 307** of
    the CZMA, which reads in part:

*all \"federal agency activity within or outside the coastal zone that
affects any land or water use or natural resource of the coastal zone
shall be carried out in a manner which is consistent to the maximum
extent practicable with the enforceable policies of approved state
management programs.\"*

> \[***PowerPoint 29.6:*** The \"consistency doctrine\": Section 307 of
> the Coastal Zone Management Act of 1972.\]
>
> \[***PowerPoint 29.7*** The \"consistency doctrine\": Section 307
> -**continued**\]

-   The consistency provision covers activities and projects carried out
    **directly by a federal agency**, as well as activities and projects
    for which a **federal permit** or other form of approval is
    required.

# Elements of a State Coastal Management Program

-   The students should understand from the previous discussions of
    federalism that the federal **CZMA does *not* give the states legal
    authority to manage the coast**.

    -   Instead, the CZMA "merely" (probably an understatement)
        **provides funds** to help the states to manage their coasts
        using existing state law in ways that **achieve national goals**
        as defined by Congress in the CZMA.

-   The CZMA encourages the states to consider a number of substantive
    issues in their management programs, including:

    -   providing public access to state beaches;

    -   designating and managing areas of environmental concern;

    -   improving water quality;

    -   managing coastal hazards; etc.

# Hazard Mitigation through State Coastal Management Programs

-   In 1990 Congress added several additional activities that states may
    fund with CZMA authorized-grants including:

*\"Preventing or significantly reducing threats to life and destruction
of property by eliminating development and redevelopment in high-hazard
areas, managing development in other hazard areas, and anticipating and
managing the effects of potential sea level rise and Great Lakes level
rise.\"* (Section 309 CZMA)

> \[***PowerPoint 29.8*:** Coastal Zone Enhancement Grants: Section
> 309(a)(2) of the Coastal Zone Management Act\]

-   With this amendment, Congress made **explicit** the need to mitigate
    the impacts of natural hazards as a part of state coastal management
    programs.

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-   Some states have been quite **creative** in establishing activities
    within their coastal management programs that are effective in
    **mitigating the impacts of natural hazards.**

    -   These include:

        -   *Shoreline management and retreat* e.g. setbacks, regulation
            of shoreline development, and shoreline stabilization.

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        -   *Regulating shore-hardening structures* e.g. seawalls,
            revetments, groins, and other shore \"stiffening\"
            structures.

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        -   *Managing reconstruction* of buildings damaged by a coastal
            hazard.

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        -   *Managing \"unbuildable\" lots* (lots that are unbuildable
            because of their proximity to hazards.

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        -   *Building codes* and *construction standards*.

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        -   *Coastal wetlands protection*

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        -   Policies to address *sea level rise*

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        -   *Land acquisition programs* (particularly multiple objective
            programs, such as combining beach access with the
            acquisition of unbuildable lots)

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        -   Encouraging or requiring *local land use planning* that
            includes mitigation.

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        -   Encouraging or requiring the formulation of *Special Area
            Management Plans* that deal with coastal hazards.

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-   **[In summary:]{.underline}** the Coastal Zone Management Act offers
    financial and technical assistance to the states to formulate and
    implement Coastal Management Programs. Some critics feel that the
    program has not been as effective as it might have been due to
    political, institutional and fiscal limitations; but few, if any,
    would claim that the coastal zone is not better managed now than it
    would have been if the Coastal Zone Management Act had not been
    adopted. (See, e.g., Beatley, et al. 2002).

**[Class discussion:]{.underline}**

-   What are some of the strengths of the Coastal Zone Management Act?
    Some of the weaknesses?

-   Suggest some ways in which the CZMA could be improved.

-   Should the coastal zone be managed through a mandatory, legislated
    program, or through a voluntary process?

-   To what extent has the CZMA met its intended purposes? How has it
    fallen short?

-   To what extent has the consistency provision provided incentives to
    states to participate in the Coastal Zone Management Program?

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**Objective 29.2** **Understand the Coastal Barrier Resources Act and
its role**

> **in mitigating the impact of coastal hazards.**

**Requirements:**

The content should be presented as a lecture supported by PowerPoint
slides and class discussion. Questions to prompt class discussion are
suggested at the end of this Objective.

Alternatively, the material may be presented as a student presentation
followed by class discussion.

The following slides will be used during this objective

**PowerPoint 29.9** Kinds of Coastal Barriers

**PowerPoint 29.10** Kinds of Coastal Barriers --**continued**

**PowerPoint 29.11** What is included in the Coastal Barrier Resource
System?

**PowerPoint 29.12** What is included in the Coastal Barrier Resources
System **-** continued

**PowerPoint 29.13** Map of North Carolina Coastal Barrier Resources Act
(CoBRA) Boundaries

**PowerPoint 29.14** Map of South Carolina Coastal Barrier Resources Act
(CoBRA) Boundaries

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**Remarks:**

# Development follows Infrastructure: The Reasoning Behind CBRA

-   It is a truism amongst students of urban growth and development that
    **development follows infrastructure**.

-   Developers commonly wait until roads, power, potable water, and
    other capital improvements are in place before they proceed with
    development projects. This is especially true in fragile coastal
    areas where **infrastructure is often more expensive**, and
    extensive bridges and causeways are necessary.

-   In common practice, these requisite improvements are put in place
    with the use of **public funds**, most often provided by the federal
    and state governments.

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-   It is also common practice that when (*not if*, in most cases) these
    improvements are damaged by natural hazards they are **repaired or
    replaced** using public funds.

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-   **Arguments** against this type of public investment are many, and
    include such observations as:

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-   The provision of publicly-funded infrastructure leads to a never-
    ending **cycle of build and repair**, build and repair, etc.

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-   Public improvements make **vulnerable areas more attractive for
    development**, placing more lives and structures at risk from the
    impact of natural hazards.

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-   Publicly-funded infrastructure operates in effect as **a subsidy for
    development** available only to the wealthy.

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-   The Coastal Barrier Resources Act (CBRA), passed in 1982 and amended
    in 1990 (16 U.S.C.1531 *et seq*), attempts to counter this trend in
    certain coastal areas.

-   **CBRA prohibits the expenditure of federal funds** for roads,
    wastewater systems, potable water supplies and disaster relief
    (including insurance under the National Flood Insurance Program) in
    areas that are **within the Coastal Barrier Resources System**
    (CBRS).

# The Nature of Coastal Barriers

\[***PowerPoint 29.9*** Kinds of Coastal Barriers\]

\[***PowerPoint 29.10*** Kinds of Coastal Barriers -continued\]

-   Coastal barriers in general include: islands, spits and mangrove
    marshes. (Recall slides from Session 3)

-   It has been said that coastal barriers are to the mainland what a
    bumper is to a car.

    -   The coastal barriers absorb much of the wind, wave and tidal
        energy before the energy moves onto the mainland.

-   The barriers also provide habitat for a variety of wildlife and are,
    obviously, very attractive to humans (especially given the advent of
    air conditioning and refrigeration).

-   The coastal barriers, by and large, consist of unconsolidated
    sediment (sand, gravel, etc). This makes the beaches delightful, but
    treacherous and very unstable for building.

**[The Coastal Barrier Resources System (CBRS)]{.underline}**

-   The Coastal Barrier Resources System consists of **585 \"units\"**
    of land that was undeveloped at the time the legislation was passed.

-   Units in the System were mapped using **criteria developed by the US
    Fish and Wildlife Service** and approved by Congress.

-   The total amount of land in the Coastal Barrier Resources System is
    nearly **1.3 million acres**, with about **1,200 miles of
    shoreline**.

> \[***PowerPoint 29.11*** What is included in the Coastal Barrier
> Resources System?\]
>
> \[***PowerPoint 29.12*** What is included in the Coastal Barrier
> Resources System **-** continued\]

-   The CBRS System also includes 274 **\"Otherwise Protected Areas.\"**
    These are areas that are protected by some other legislation or
    management system.

    -   "Otherwise Protected Areas" include **National Seashores**,
        which are owned and managed by the National Park Service. Park
        Service lands are protected by the legislation that applies to
        the specific Seashore. The CBRA simply provides an additional
        deterrent to the development of these areas.

# 

# How Effective is CBRA?

-   It is important to recognize that the purpose of the Coastal Barrier
    Resources Act is merely to prevent federal funds from being spent
    within the CBRS. The Act applies only to the areas delineated in the
    CBRS and does not restrict activities of the private sector or state
    or local governments within the CBRS.

> \[***PowerPoint 29.13*** Map of North Carolina Coastal Barrier
> Resources Act (CBRA) Boundaries\]

\[***PowerPoint 29.14*** Map of South Carolina Coastal Barrier Resources
Act (CBRA) Boundaries\]

-   However, **many of the \"units\" have been developed** in spite of
    the Act.

-   Yet federal funds have been **prevented from being invested** in
    these areas, which is the essential purpose of the Act.

-   CBRA includes some very **significant exemptions** which manifest
    themselves in the context of recovery from a natural hazard
    disaster.

    -   The Act **exempts** *\"maintenance, replacement, reconstruction,
        or repair, but not the expansion, of publicly owned or publicly
        operated roads, structures, or facilities that are essential
        links in a larger system or network\..."*

-   Two issues have proved to be difficult in the administration of this
    portion of the Act:

    -   The first issue involves the meaning of \"*essential link in a
        larger system or network\..."?*

    -   The second issue involves the question of whether federal money
        can be used to fund the cost of the *\"replacement\"* of a
        damaged improvement, while private funds, or state and local
        funds, can be used to *expand* the improvement?

**[Class Discussion]{.underline}**

At this point, the instructor may wish to invite class discussion of the
Coastal Barrier Resources Act and its effectiveness in stalling
development on barrier islands.

-   Does the fact that many of the \"units\" in the System have been
    developed demonstrate the failure of the Act?

-   Or, since the Act has indeed prevented federal funds from being
    invested in these areas, has the Act essentially served its purpose,
    and can be considered a success?

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-   How effective *has* the Act been in keeping people and property out
    of these areas that are especially vulnerable to coastal natural
    hazards?

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-   Some critics have pointed a **major flaw** in the Coastal Barrier
    Resources Act that manifests itself in the context of recovery from
    a natural hazards disaster. Based on the provisions in CBRA
    regarding the exemptions discussed above, does the Act open the door
    to expanded development of barrier islands using federal funds,
    despite the clear intent of Congress when it passed the legislation?

    -   The following example may help illustrate the issue for
        discussion purposes:

Suppose an 18-inch water line runs through a CBRA unit. The pipe
connects development on one end of the unit to a water supply on the
other end of the unit. Now suppose the pipe is damaged in a coastal
storm. Does CBRA allow federal funds to be used to pay for the cost of
replacing the 18- inch pipe? Can other funds, such as private financing
or state and local government funds, be used to expand the pipe from 18
to 24 inches? What about the potential for more intense development that
is made possible by the increased water capacity in the 24-inch pipe?

-   Discuss the issues revolving around the provision of infrastructure
    on barrier islands that does not involve federal funding. Remember,
    CBRA speaks only to activities of the federal government in
    specified CBRS units. Many local coastal communities wish to
    increase job opportunities and expand their tax base by encouraging
    development. Many states are eager for the same economic benefits,
    and are willing to invest in large infrastructure projects such as
    bridges and causeways to connect remote barrier islands with the
    mainland. Furthermore, some private developers are able to secure
    financial backing to allow them to construct their own
    infrastructure, such as roads, water and sewer. Because of the
    attractiveness of coastal barriers as vacation destinations, they
    are assured of a return on their investment. However, this
    development is extremely vulnerable to natural hazards. Who picks up
    the tab when structures are damaged? The state? The local
    government? The developer? The investors? The property owners?
    Discuss these issues.

-   The fact that federally-backed flood insurance is disallowed in CBRS
    units is often a more successful deterrent to development on coastal
    barriers. However, when expensive development is damaged by a
    natural hazard, should property owners expect recompense for their
    losses from the federal government? Should taxpayers subsidize
    development in hazardous coastal areas?

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**Course developer references:**

Beatley, Timothy, et al. 2002. *An Introduction to Coastal Zone
Management*, 2nd Edition. Washington, DC :Island Press.

Burby, Raymond J., Ed. 1998. *Cooperating With Nature: Confronting
Natural Hazards with Land-Use Planning for Sustainable Communities.*
Washington, D.C.: Joseph Henry Press.

The H. John Heinz III Center for Science, Economics and the Environment.
2000. *The Hidden Costs of Coastal Hazards*. Washington, D.C.: Island
Press.

Platt, Rutherford H. 1999. *Disasters and Democracy: The Politics of
Extreme Natural Events.* Washington, D.C.: Island Press.

Platt, Rutherford H., et al. 1992. *Coastal Erosion: Has Retreat
Sounded?* Boulder, CO: Institute of Behavioral Science.

Salvesen, David and David R.Godschalk. Development on Coastal Barriers:
Does the Coastal Barrier Resources Act Make a Difference?" Prepared for
the Coast Alliance, Washington, D.C. available at
[www.coastalliance.org/cbra/cbrarepl.pdf](http://www.coastalliance.org/cbra/cbrarepl.pdf)