Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 1 - Red Book › Section 650-RICR-20-00-1.4 - Federal Consistency

Current through June 14, 2024
A. Introduction
1. The federal consistency requirement, as
				  provided for in section 307 of the Coastal Zone Management Act (CZMA)
				  (16 U.S.C. §§
												1451 through
				  1464), is an important function of
				  state coastal management programs. Under Section 307, federal agencies
				  conducting an activity which is reasonably likely to affect any land or water
				  use or natural resource of the coastal zone, are required to do so in a manner
				  consistent, to the maximum extent practicable, with the enforceable policies of
				  the state's coastal management program developed and implemented under the
				  CZMA. Federal permits and licenses, including those associated with outer
				  continental shelf (OCS) plans, and grant-in-aid programs to local or state
				  governments and related public entities, which are reasonably likely to affect
				  any land or water use or natural resource of the coastal zone must also be
				  consistent with the state's coastal management program.
2. As part of Rhode Island's coastal
				  management program, both the geographical scope of the state's coastal zone and
				  the enforceable policies applicable to the coastal zone have been defined and
				  approved by the National Oceanic and Atmospheric Administration (NOAA). Rhode
				  Island's approved coastal zone, for the purposes of exercising the federal
				  consistency requirement of the CZMA, includes the area encompassed within the
				  state's seaward boundary (three miles) to the inland boundaries of the state's
				  21 coastal communities. The Rhode Island Coastal Resources Management Program
				  (RICRMP), which includes this "Redbook," the Council's Special Area Management
				  Plans and Energy Amendments, and adopted State Guide Plan elements together
				  make up Rhode Island's federally approved coastal program. The provisions of
				  these programmatic documents and regulations which meet the definition of
				  enforceable policies under the CZMA constitute the enforceable policies with
				  which federal activities must be consistent in Rhode Island.
3. In order to assist federal agencies in
				  determining whether a proposed activity is subject to the federal consistency
				  requirement, and in accordance with the CZMA, the CRMC has listed activities,
				  both direct and indirect, reasonably likely to affect any land or water use or
				  natural resource of the coastal zone. It is important to note that these lists
				  are not exhaustive and that any federal activity reasonably likely to affect
				  any land or water use or natural resource of the coastal zone may be subject to
				  the federal consistency requirement.
4. The Council's Federal Consistency Manual
				  details the CRMC's federal consistency process and requirements and includes
				  tables of listed activities subject to the federal consistency requirement. The
				  Manual also provides background and an explanation of the federal consistency
				  requirement as provided for in section 307 of the CZMA and its implementation
				  in Rhode Island. The Council's federal consistency procedures and requirements
				  have been derived directly from federal regulations implementing the CZMA
				  provided in the Code of Federal Regulations ( 15 C.F.R. Part 930 ). Any changes
				  to the federal regulations supersede those of Rhode Island.