Coastal Zone Management Act (CZMA) 

The Coastal Zone Management Act (CZMA) (16 U.S.C. 

1451 et seq.) is a voluntary partnership between the 

federal government and coastal states, Great Lakes 

states, and U.S. territories with the goals of protecting 

the coastal environment from growing demands 

associated with residential, recreational, commercial, 

and industrial uses. CZMA provisions help states and 

territories develop Coastal Management Programs 

(CMPs) to manage and balance competing uses of their 

coastal zone. Currently, 34 states and territories (all 

coastal states and territories except Alaska) participate 

in CZMA and have CMPs to best address their unique 

coastal challenges, including coastal development, 

water quality, public access, habitat protection, energy 

facility siting, ocean governance and planning, coastal 

hazards, and climate change. 

 NOS Consultation Under CZMA Section 307

Section 307 of the CZMA is known as the “federal consistency” provision and requires that if a federal action 

may have an effect on any coastal use or resource within a state’s or territory’s coastal zone, the federal action 

must be consistent with the enforceable policies in the state’s or territory’s CMP. The term “effect on any coastal 

use or resource” means any reasonably foreseeable impact to a coastal use or resource resulting from the 

activity, including direct and indirect (i.e., cumulative and secondary) impacts. 

Photo Credit (left to right): Captain Albert E. Theberge, NOAA; Dr. Amy Scaroni, NOAA; and NOAA Teacher at Sea Program

 
 NOS Consultation Under CZMA Section 307 (continued)

NOS surveying and mapping projects may occur in any state 

or territorial coastal zone; as such, in August 2022, NOS 

initiated coordination for federal consistency with all coastal 

states and territories with approved CMPs pursuant to Section 

307. NOS submitted a consistency determination letter to each 

state and territory evaluating the coastal effects of NOS 

proposed surveying and mapping activities according to the 

relevant state/territory enforceable policies to seek 

state/territory concurrence that the proposed action was 

consistent with each policy, or consistent to the maximum 

extent practicable. After reviewing the NOS consistency 

determination, states and territories had the opportunity to 

concur, object, or request more information.

Outcomes: Only one CMP, the Commonwealth of the Northern Mariana Islands (CNMI), objected to NOS’s 

determination that the NOS surveying program was consistent with the relevant coastal policies. CNMI initially

objected to the NOS determination that the surveying and mapping program was consistent to the maximum 

extent practicable because of the potential for marine mammals to be harassed by acoustic sources, such as 

echo sounders. However, this objection is preempted under Section 109(a) of the Marine Mammal Protection 

Act (MMPA), 16 U.S.C. § 1379(a).

For all other coastal states and territories, NOS either received or presumed concurrence from the CMP. 

Through the CZMA process, some states requested that NOS follow state-specific best management practices 

(BMPs) involving pre-survey notification and mitigation for any land disturbance. Where requested, NOS agreed 

to take these steps.

Photo Credit (left to right): NOS Image Gallery; Robert Schwemmer, NOAA; Brian Cluer, NOAA; and Captain Albert E. Theberge, 

NOAA