Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 20.00 - Coastal Zone Management Program › Section 20.04 - Consistency Review of Federal Actions with Coastal Effects

Current through Register 1525, July 5, 2024
(1)
Jurisdiction
.
			 The Coastal Zone Management Act (
			 16 U.S.C.
			 1451
et seq.)
requires all
			 Federal Actions with reasonably foreseeable effects on any land or water uses
			 or natural resources of a state's coastal zone to be consistent with the
			 enforceable policies of the approved Coastal Zone Management Program for that
			 state. In accordance with applicable provisions of the Federal Consistency
			 Regulations, 15 CFR 930, Subparts A through I, the CZM Office may review such
			 Federal Actions with coastal effects for consistency with the Enforceable
			 Policies, if such actions occur in the Coastal Zone, in Massachusetts coastal
			 watersheds, in lands or waters of adjacent states, or in federal lands or
			 waters. Except as may otherwise be provided in the Federal Consistency
			 Regulations, the CZM Office may carry out such review without further approval
			 from OCRM or other federal agency if the Federal Action has been specifically
			 identified and listed in the CZM Policy Guide as having Coastal
			 Effects.
(2)
Conduct of
			 Consistency Reviews
. The CZM Office will review Federal Actions
			 subject to the requirement of consistency with Enforceable Policies. Where
			 appropriate, to avoid additional review of actions with negligible
			 environmental impact, informed in part by established environmental review
			 thresholds, such as those under MEPA, the CZM Office will cooperate with
			 federal regulatory agencies to incorporate consistency review into the joint
			 inter-agency review of general permits, provided that the coastal effects of
			 projects (including cumulative effects) eligible for such permits are
			 satisfactorily addressed in conditions stipulated by the federal agency for
			 purposes of a general concurrence. Where individual reviews for consistency are
			 carried out, the CZM Office shall act in accordance with all applicable
			 provisions of the Federal Consistency Regulations, 15 CFR 930, Subparts A
			 through I, and in conjunction with the following supplemental provisions:
(a) The CZM Office shall provide an
			 opportunity for public participation in any federal consistency review it
			 conducts, which will include CZM's notice to the public of commencement of
			 review and opportunity for public comment as provided electronically in the
			 Environmental Monitor and, as defined in the CZM Policy Guide, in appropriate
			 local newspapers. CZM, at its discretion, may hold a public hearing. If a
			 public hearing is conducted in the locality or region likely to be affected by
			 the Federal Action in question, the notice(s) shall announce the time(s) and
			 place(s) that such hearing(s) will be held.
(b) In accordance with St. 1989, c. 716, CZM
			 shall refer all consistency certifications it receives for proposed activities
			 in Barnstable County to the Cape Cod Commission. Such referral will consist of
			 the consistency certification submitted to CZM and the public notice for
			 publication in the
Environmental Monitor.
The referral will be
			 sent to the Cape Cod Commission's Executive Director via electronic mail with
			 delivery confirmation before the commencement of the public comment period.
			 Within the comment period stipulated in the public notice, the Cape Cod
			 Commission will notify CZM in writing of any objections it may have to a
			 consistency certification where the Commission finds inconsistencies between
			 the proposed activities and the Cape Cod Commission's Regional Policy Plan and
			 local comprehensive plans certified by said Commission. CZM shall take into
			 account elements of those objections by the Commission that are directly
			 related to the Enforceable Policies. Any conflict between CZM and the
			 Commission shall be referred to and resolved by the EEA Secretary.
(c) Pursuant to applicable provisions of the
			 Federal Consistency Regulations, 15 CFR 930, Subparts A through I, necessary
			 data and information to be submitted with a consistency certification shall
			 include all of the applicable data and information necessary for the
			 commencement of federal consistency required by
			 15 CFR
			 930.58 and as specifically described in the
			 CZM Policy Guide has been received by CZM.
(d) Pursuant to applicable provisions of the
			 Federal Consistency Regulations, 15 CFR 930, Subparts A through I, the CZM
			 Office may object to the consistency certification if any application for a
			 specified state or local permit is denied, or if the applicant has failed to
			 provide copies of final decisions on all applications identified as necessary
			 data and information pursuant to 301 CMR 20.04(2)(d). CZM may stipulate
			 conditions as may be necessary to achieve consistency with Enforceable Policies
			 pursuant to provisions of the Federal Consistency Regulations. In the event an
			 applicable plan, project proposal, or application is not modified accordingly,
			 such conditional concurrence shall be treated as an objection to the Federal
			 Action in question.