Federal Consistency Program

The Federal Consistency Unit of the California Coastal Commission implements the federal Coastal Zone Management Act (CZMA) of 1972 as it applies to federal activities, development projects, permits and licenses, and support to state and local governments. In the CZMA,

Congress created a federal and state partnership for management of coastal resources. The CZMA encourages states to develop coastal management programs, through, among other means, the federal consistency procedures of the CZMA. Upon certification of a state’s coastal management program, a federal agency must conduct its activities (including federal development projects, permits and licenses, and assistance to state and local governments) in a manner consistent with the state’s certified program. The processes established to implement this requirement is called a consistency determination for federal activities and development projects and a consistency certification for federal permits and licenses and federal support to state and local agencies.

The federal government certified the California Coastal Management Program (CCMP) in 1978. The enforceable policies of that document are Chapter 3 of the California Coastal Act of 1976. All consistency documents are reviewed for consistency with these policies. The Commission’s goal is to use the federal consistency process to provide open communication and coordination with federal agencies and applicants and provide the public with an opportunity to participate in the process. The Commission believes that this process allows it to authorize federal activities in manner that minimizes impacts to coastal resources and is consistent with the CCMP.

Legal/Regulatory Underpinnings

• Section 307 of the Coastal Zone Management Act (federal) [PDF]*
• Chapter 3 of the Coastal Act (state) [PDF]*
• Federal Consistency and the National Interest (Chapter 11 from the California Combined Coastal Management Program/Final Environmental Impact Statement) [PDF]*
• Federal Consistency Regulations [PDF]*
• List of Federal Licenses and Permits Subject to Certification for Consistency [PDF]*

Federal Consistency Documents

• Federal Consistency in a Nutshell: a Guide Concerning the Operation of the Federal Consistency Provisions of the Coastal Zone Management Act of 1972 as Amended (Updated January 2001) [PDF]*

Sample Consistency Determinations

• Detailed [in Microsoft Word] [in PDF]
• Moderate [in Microsoft Word] [in PDF]
• Simple [in Microsoft Word] [in PDF]
• Negative Determination [in Microsoft Word] [in PDF]

Sample Consistency Certifications

These consistency certifications were submitted as a consistency determination by a federal agency and the Commission staff has modified them to reflect the requirements of a consistency certification submitted by an applicant for a federal permit

• Detailed [in Microsoft Word] [in PDF]
• Moderate [in Microsoft Word] [in PDF]
• Simple [in Microsoft Word] [in PDF]

Please note that, as of April 25, 2008, the CCMP has been amended to require filing fees for consistency certifications.  The fees for consistency certifications are the same as the fees for coastal development permits (CDPs).  Here are the approved regulations regarding the new filing fees.

Office of Coastal Resource Management (Federal)

Frequently Asked Questions About the Federal Consistency Program

DEADLINES FOR CONSISTENCY DETERMINATIONS
 

 See the meeting agenda for specifics as well as our meeting dates/locations page.