Coastal Zone Management Act of 1972
PORTIONS, AS AMENDED


This Act became law on October 27, 1972 (Public Law 92-583, 16 U.S.C. 1451-1456) and has
been amended eight times. This description of the Act, as amended, tracks the language
of the United States Code except that (following common usage) we refer to the “Act”
(meaning the Act, as amended) rather than to the “subchapter” or the “title” of the
Code.

             Section 302
16 U.S.C. 1451,
Congressional findings
             The Congress finds that—
             (a) There is a national interest in the effective management,
             beneficial use, protection, and development of the coastal
             zone.
             (b) The coastal zone is rich in a variety of natural, com-
             mercial, recreational, ecological, industrial, and esthetic
             resources of immediate and potential value to the present
             and future well-being of the Nation.
             (c) The increasing and competing demands upon the lands
             and waters of our coastal zone occasioned by population
             growth and economic development, including require-
             ments for industry, commerce, residential development,
             recreation, extraction of mineral resources and fossil fuels,
             transportation and navigation, waste disposal, and harvest-
             ing of fish, shellfish, and other living marine resources,
             have resulted in the loss of living marine resources, wildlife,
             nutrient-rich areas, permanent and adverse changes to eco-
             logical systems, decreasing open space for public use, and
             shoreline erosion.
             (d) The habitat areas of the coastal zone, and the fish, shell-
             fish, other living marine resources, and wildlife therein, are
             ecologically fragile and consequently extremely vulnerable
             to destruction by man’s alterations.
             (e) Important ecological, cultural, historic, and esthetic
             values in the coastal zone which are essential to the well-
             being of all citizens are being irretrievably damaged or lost.
             (f) New and expanding demands for food, energy, miner-
             als, defense needs, recreation, waste disposal, transporta-
             tion, and industrial activities in the Great Lakes, territorial
             sea, exclusive economic zone, and Outer Continental Shelf
             are placing stress on these areas and are creating the need
             for resolution of serious conflicts among important and
             competing uses and values in coastal and ocean waters; [sic;
             should be period]

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            (g) Special natural and scenic characteristics are being
            damaged by ill-planned development that threatens these
            values.
            (h) In light of competing demands and the urgent need to
            protect and to give high priority to natural systems in the
            coastal zone, present state and local institutional arrange-
            ments for planning and regulating land and water uses in
            such areas are inadequate.
            (i) The key to more effective protection and use of the land
            and water resources of the coastal zone is to encourage the
            states to exercise their full authority over the lands and
            waters in the coastal zone by assisting the states, in coopera-
            tion with Federal and local governments and other vitally
            affected interests, in developing land and water use pro-
            grams for the coastal zone, including unified policies, crite-
            ria, standards, methods, and processes for dealing with land
            and water use decisions of more than local significance.
            (j) The national objective of attaining a greater degree of
            energy self-sufficiency would be advanced by providing
            Federal financial assistance to meet state and local needs
            resulting from new or expanded energy activity in or affect-
            ing the coastal zone.
            (k) Land uses in the coastal zone, and the uses of adjacent
            lands which drain into the coastal zone, may significantly
            affect the quality of coastal waters and habitats, and efforts
            to control coastal water pollution from land use activities
            must be improved.
            (l) Because global warming may result in a substantial sea level
            rise with serious adverse effects in the coastal zone, coastal
            states must anticipate and plan for such an occurrence.
            (m) Because of their proximity to and reliance upon the
            ocean and its resources, the coastal states have substantial
            and significant interests in the protection, management, and
            development of the resources of the exclusive economic zone
            that can only be served by the active participation of coastal
            states in all Federal programs affecting such resources and,
            wherever appropriate, by the development of state ocean
            resource plans as part of their federally approved coastal
            zone management programs.




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             Section 303
16 U.S.C. 1452,
Congressional declara-
             The Congress finds and declares that it is the national
tion of policy
             policy—
              (1) to preserve, protect, develop, and where possible, to
             restore or enhance, the resources of the Nation’s coastal
             zone for this and succeeding generations;
              (2) to encourage and assist the states to exercise effec-
             tively their responsibilities in the coastal zone through the
             development and implementation of management programs
             to achieve wise use of the land and water resources of the
             coastal zone, giving full consideration to ecological, cul-
             tural, historic, and esthetic values as well as the needs for
             compatible economic development, which programs should
             at least provide for—
               (A) the protection of natural resources, including
             wetlands, floodplains, estuaries, beaches, dunes, barrier
             islands, coral reefs, and fish and wildlife and their habitat,
             within the coastal zone,
               (B) the management of coastal development to mini-
             mize the loss of life and property caused by improper devel-
             opment in flood-prone, storm surge, geological hazard, and
             erosion-prone areas and in areas likely to be affected by or
             vulnerable to sea level rise, land subsidence, and saltwater
             intrusion, and by the destruction of natural protective fea-
             tures such as beaches, dunes, wetlands, and barrier islands,
               (C) the management of coastal development to improve,
             safeguard, and restore the quality of coastal waters, and to
             protect natural resources and existing uses of those waters,
                (D) priority consideration being given to coastal-
             dependent uses and orderly processes for siting major
             facilities related to national defense, energy, fisheries
             development, recreation, ports and transportation, and the
             location, to the maximum extent practicable, of new com-
             mercial and industrial developments in or adjacent to areas
             where such development already exists,
               (E) public access to the coasts for recreation purposes,
               (F) assistance in the redevelopment of deteriorating
             urban waterfronts and ports, and sensitive preservation and
             restoration of historic, cultural, and esthetic coastal features,

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               (G) the coordination and simplification of procedures
            in order to ensure expedited governmental decisionmaking
            for the management of coastal resources,
               (H) continued consultation and coordination with,
            and the giving of adequate consideration to the views of,
            affected Federal agencies,
               (I) the giving of timely and effective notification of,
            and opportunities for public and local government partici-
            pation in, coastal management decisionmaking,
               (J) assistance to support comprehensive planning,
            conservation, and management for living marine resources,
            including planning for the siting of pollution control and
            aquaculture facilities within the coastal zone, and improved
            coordination between State and Federal coastal zone man-
            agement agencies and State and [sic; Federal?] wildlife
            agencies, and
               (K) the study and development, in any case in which
            the Secretary considers it to be appropriate, of plans for
            addressing the adverse effects upon the coastal zone of land
            subsidence and of sea level rise; and
              (3) to encourage the preparation of special area man-
            agement plans which provide for increased specificity in
            protecting significant natural resources, reasonable coastal-
            dependent economic growth, improved protection of life
            and property in hazardous areas, including those areas
            likely to be affected by land subsidence, sea level rise, or
            fluctuating water levels of the Great Lakes, and improved
            predictability in governmental decisionmaking;
             (4) to encourage the participation and cooperation of the
            public, state [sic] and local governments, and interstate and
            other regional agencies, as well as of the Federal agencies
            having programs affecting the coastal zone, in carrying out
            the purposes of this Act;
              (5) to encourage coordination and cooperation with and
            among the appropriate Federal, State, and local agencies,
            and international organizations where appropriate, in col-
            lection, analysis, synthesis, and dissemination of coastal
            management information, research results, and technical
            assistance, to support State and Federal regulation of land
            use practices affecting the coastal and ocean resources of
            the United States; and

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          (6) to respond to changing circumstances affecting the
         coastal environment and coastal resource management by
         encouraging States to consider such issues as ocean uses
         potentially affecting the coastal zone.
         Section 304
16 U.S.C. 1453,
Definitions
         For purposes of this Act—
           (1) The term “coastal zone” means the coastal waters
         (including the lands therein and thereunder) and the
         adjacent shorelands (including the waters therein and
         thereunder), strongly influenced by each other and in
         proximity to the shorelines of the several coastal states,
         and includes islands, transitional and intertidal areas, salt
         marshes, wetlands, and beaches. The zone extends, in
         Great Lakes waters, to the international boundary between
         the United States and Canada and, in other areas, seaward
         to the outer limit of State title and ownership under the
         Submerged Lands Act (43 U.S.C. 1301 et seq.), the Puerto
         Rican Federal Relations Act (the Act of March 2, 1917, 48
         U.S.C. 749) [48 U.S.C. 731 et seq.], the Covenant to Establish
         a Commonwealth of the Northern Mariana Islands in
         Political Union with the United States of America, as
         approved by the Act of March 24, 1976 [48 U.S.C. 1801 et
         seq.], or section 1 of the Act of November 20, 1963 [sub-
         merged lands, Guam, Virgin Island, and American Samoa]
         (48 U.S.C. 1705), as applicable. The zone extends inland
         from the shorelines only to the extent necessary to control
         shorelands, the uses of which have a direct and significant
         impact on the coastal waters, and to control those geo-
         graphical areas which are likely to be affected by or vulner-
         able to sea level rise. Excluded from the coastal zone are
         lands the use of which is by law subject solely to the discre-
         tion of or which is held in trust by the Federal Government,
         its officers or agents.
                 (Definitions (2) through (15) omitted)

         (16) The term “Secretary” means the Secretary of
         Commerce.
                 (Remainder of Section 304 omitted)




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            Section 305
16 U.S.C. 1454,
Submittal of State
            Any coastal state which has completed the development of
program for approval
            its management program shall submit such program to the
            Secretary for review and approval pursuant to section 306 of
            this Act [16 U.S.C. 1455].
            Section 3
16 U.S.C. 1455,
Administrative grants
                    (Subsections 3(a), (b), and (c) omitted)

            (d) Before approving a management program submitted by
            a coastal state, the Secretary shall find the following:
16 U.S.C. 1455(d),
              (1) The State has developed and adopted a management
Mandatory adoption
of State management   program for its coastal zone in accordance with rules and
program for coastal   regulations promulgated by the Secretary, after notice, and
zone          with the opportunity of full participation by relevant Federal
            agencies, State agencies, local governments, regional organi-
            zations, port authorities, and other interested parties and
            individuals, public and private, which is adequate to carry
            out the purposes of this Act and is consistent with the policy
            declared in section 303 of this Act [16 U.S.C. 1452].
             (2) The management program includes each of the fol-
            lowing required program elements:
               (A) An identification of the boundaries of the coastal
            zone subject to the management program.
               (B) A definition of what shall constitute permissible
            land uses and water uses within the coastal zone which have
            a direct and significant impact on the coastal waters.
              (C) An inventory and designation of areas of particular
            concern within the coastal zone.
               (D) An identification of the means by which the State
            proposes to exert control over the land uses and water uses
            referred to in subparagraph (B), including a list of relevant
            State constitutional provisions, laws, regulations, and judi-
            cial decisions.
               (E) Broad guidelines on priorities of uses in particular
            areas, including specifically those uses of lowest priority.




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          (F) A description of the organizational structure pro-
       posed to implement such management program, including
       the responsibilities and interrelationships of local, area-
       wide, State, regional, and interstate agencies in the manage-
       ment process.
          (G) A definition of the term “beach” and a planning
       process for the protection of, and access to, public beaches
       and other public coastal areas of environmental, recreational,
       historical, esthetic, ecological, or cultural value.
          (H) A planning process for energy facilities likely to
       be located in, or which may significantly affect, the coastal
       zone, including a process for anticipating the management
       of the impacts resulting from such facilities.
          (I) A planning process for assessing the effects of,
       and studying and evaluating ways to control, or lessen the
       impact of, shoreline erosion, and to restore areas adversely
       affected by such erosion.
        (3) The State has—
          (A) coordinated its program with local, areawide, and
       interstate plans applicable to areas within the coastal zone—
           (i) existing on January 1 of the year in which the
       State’s management program is submitted to the Secretary;
       and
           (ii) which have been developed by a local govern-
       ment, an areawide agency, a regional agency, or an inter-
       state agency; and
          (B) established an effective mechanism for continuing
       consultation and coordination between the management
       agency designated pursuant to paragraph (6) and with local
       governments, interstate agencies, regional agencies, and
       areawide agencies within the coastal zone to assure the
       full participation of those local governments and agencies
       in carrying out the purposes of this Act; except that the
       Secretary shall not find any mechanism to be effective for
       purposes of this subparagraph unless it requires that—
           (i) the management agency, before implementing
       any management program decision which would conflict
       with any local zoning ordinance, decision, or other action,
       shall send a notice of the management program decision to
       any local government whose zoning authority is affected;

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                 (ii) within the 30-day period commencing on the
            date of receipt of that notice, the local government may
            submit to the management agency written comments on the
            management program decision, and any recommendation
            for alternatives; and
                (iii) the management agency, if any comments
            are submitted to it within the 30-day period by any local
            government—
                  (I) shall consider the comments;
                 (II) may, in its discretion, hold a public hearing
            on the comments; and
                  (III) may not take any action within the 30-day
            period to implement the management program decision.
              (4) The State has held public hearings in the development
            of the management program.
              (5) The management program and any changes thereto
            have been reviewed and approved by the Governor of the
            State.
              (6) The Governor of the State has designated a single
            State agency to receive and administer grants for imple-
            menting the management program.
             (7) The State is organized to implement the management
            program.
              (8) The management program provides for adequate con-
            sideration of the national interest involved in planning for,
            and managing the coastal zone, including the siting of facili-
            ties such as energy facilities which are of greater than local
            significance. In the case of energy facilities, the Secretary
            shall find that the State has given consideration to any
            applicable national or interstate energy plan or program.
              (9) The management program includes procedures where-
            by specific areas may be designated for the purpose of pre-
            serving or restoring them for their conservation, recreational,
            ecological, historical, or esthetic values.
              (10) The State, acting through its chosen agency or agen-
            cies (including local governments, areawide agencies,
            regional agencies, or interstate agencies) has authority for
            the management of the coastal zone in accordance with the
            management program. Such authority shall include power—

124  FEDERAL HISTORIC PRESERVATION LAWS
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          (A) to administer land use and water use regulations to
       control development, to ensure compliance with the man-
       agement program, and to resolve conflicts among compet-
       ing uses; and
          (B) to acquire fee simple and less than fee simple inter-
       ests in land, waters, and other property through condem-
       nation or other means when necessary to achieve confor-
       mance with the management program.
         (11) The management program provides for any one or a
       combination of the following general techniques for control
       of land uses and water uses within the coastal zone:
          (A) State establishment of criteria and standards for
       local implementation, subject to administrative review and
       enforcement.
          (B) Direct State land and water use planning and
       regulation.
          (C) State administrative review for consistency with
       the management program of all development plans, proj-
       ects, or land and water use regulations, including excep-
       tions and variances thereto, proposed by any State or local
       authority or private developer, with power to approve or
       disapprove after public notice and an opportunity for
       hearings.
         (12) The management program contains a method of
       assuring that local land use and water use regulations within
       the coastal zone do not unreasonably restrict or exclude
       land uses and water uses of regional benefit.
        (13) The management program provides for—
          (A) the inventory and designation of areas that contain
       one or more coastal resources of national significance; and
          (B) specific and enforceable standards to protect such
       resources.
         (14) The management program provides for public parti-
       cipation in permitting processes, consistency determina-
       tions, and other similar decisions.
        (15) The management program provides a mechanism to
       ensure that all State agencies will adhere to the program.



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              (16) The management program contains enforceable
            policies and mechanisms to implement the applicable
            requirements of the Coastal Nonpoint Pollution Control
            Program of the State required by section 306(b) of this Act
            [16 U.S.C. 1455(b)].
                 (Section 306(e), Amendment or modification of State
                  management program for coastal zone, omitted)

            Section 307
16 U.S.C. 1456,
Coordination and
            (a) In carrying out his functions and responsibilities under
cooperation
            this Act, the Secretary shall consult with, cooperate with,
16 U.S.C. 1456(a),
            and, to the maximum extent practicable, coordinate his
Federal agencies
            activities with other interested Federal agencies.
            (b) The Secretary shall not approve the management pro-
16 U.S.C. 1456(b),
Adequate consid-    gram submitted by a state pursuant to section 306 of this
eration of views of   Act [16 U.S.C. 1455] unless the views of Federal agencies
Federal agencies
            principally affected by such program have been adequately
            considered.
            (c)(1)(A) Each Federal agency activity within or outside the
16 U.S.C. 1456(c),
Consistency of     coastal zone that affects any land or water use or natural
Federal activities   resource of the coastal zone shall be carried out in a manner
with State manage-
            which is consistent to the maximum extent practicable with
ment programs,
            the enforceable policies of approved State management
Presidential exemp-
            programs. A Federal agency activity shall be subject to this
tion, certification
            paragraph unless it is subject to paragraph (2) or (3).
                 (Paragraph (c)(1)(B), Court decisions and Presidential
                    exemptions from compliance, omitted)

               (C) Each Federal agency carrying out an activity sub-
            ject to paragraph (1) shall provide a consistency determina-
            tion to the relevant State agency designated under section
            306(d)(6) of this Act [16 U.S.C. 1455(d)(6)] at the earliest
            practicable time, but in no case later than 90 days before
            final approval of the Federal activity unless both the Federal
            agency and the State agency agree to a different schedule.
                       (Paragraph (c)(2) omitted)




126  FEDERAL HISTORIC PRESERVATION LAWS
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         (3)(A) After final approval by the Secretary of a state’s
       management program, any applicant for required Federal
       license or permit to conduct an activity, in or outside of
       the coastal zone, affecting any land or water use or natural
       resource of the coastal zone of that state shall provide in the
       application to the licensing or permitting agency a certifica-
       tion that the proposed activity complies with the enforce-
       able policies of the state’s approved program and that such
       activity will be conducted in a manner consistent with the
       program. At the same time, the applicant shall furnish to
       the state or its designated agency a copy of the certification,
       with all necessary information and data. Each coastal state
       shall establish procedures for public notice in the case of all
       such certifications and, to the extent it deems appropriate,
       procedures for public hearings in connection therewith.
       At the earliest practicable time, the state or its designated
       agency shall notify the Federal agency concerned that the
       state concurs with or objects to the applicant’s certifica-
       tion. If the state or its designated agency fails to furnish the
       required notification within six months after receipt of its
       copy of the applicant’s certification, the state’s concurrence
       with the certification shall be conclusively presumed. No
       license or permit shall be granted by the Federal agency
       until the state or its designated agency has concurred with
       the applicant’s certification or until, by the state’s failure to
       act, the concurrence is conclusively presumed, unless the
       Secretary, on his own initiative or upon appeal by the appli-
       cant, finds after providing a reasonable opportunity for
       detailed comments from the Federal agency involved and
       from the state, that the activity is consistent with the objec-
       tives of this Act or is otherwise necessary in the interest of
       national security.
               (Remainder of subsection (c) omitted)




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            (d) State and local governments submitting applications
16 U.S.C. 1456(d),
Application of local  for Federal assistance under other Federal programs, in
governments for     or outside of the coastal zone, affecting any land or water
Federal assistance,
            use of [sic; probably should be “or”] natural resource of
relationship of
            the coastal zone shall indicate the views of the appropriate
activities with
            state or local agency as to the relationship of such activi-
approved manage-
            ties to the approved management program for the coastal
ment programs
            zone. Such applications shall be submitted and coordi-
            nated in accordance with the provisions of Title IV of the
            Intergovernmental Cooperation Act of 1968 as amended [31
            U.S.C. 6506]. Federal agencies shall not approve proposed
            projects that are inconsistent with the enforceable poli-
            cies of a coastal state’s management program, except upon
            a finding by the Secretary that such project is consistent
            with the purposes of this Act or necessary in the interest of
            national security.
            (e) Nothing in this Act shall be construed—
16 U.S.C. 1456(e),
Construction with
              (1) to diminish either Federal or state jurisdiction,
other laws
            responsibility, or rights in the field of planning, develop-
            ment, or control of water resources, submerged lands,
            or navigable waters; nor to displace, supersede, limit, or
            modify any interstate compact or the jurisdiction or respon-
            sibility of any legally established joint or common agency of
            two or more states or of two or more states and the Federal
            Government; nor to limit the authority of Congress to
            authorize and fund projects;
              (2) as superseding, modifying, or repealing existing laws
            applicable to the various Federal agencies; nor to affect the
            jurisdiction, powers, or prerogatives of the International
            Joint Commission, United States and Canada, the Perma-
            nent Engineering Board, and the United States operating
            entity or entities established pursuant to the Columbia River
            Basin Treaty, signed at Washington, January 17, 1961, or the
            International Boundary and Water Commission, United
            States and Mexico.
                       (Subsection (f) omitted)




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            (g) When any state’s coastal zone management program,
16 U.S.C. 1456(g),
Concurrence with    submitted for approval or proposed for modification pur-
programs which affect  suant to section 306 of this Act [16 U.S.C. 1455], includes
inland areas
            requirements as to shorelands which also would be sub-
            ject to any Federally supported national land use program
            which may be hereafter enacted, the Secretary, prior to
            approving such program, shall obtain the concurrence of
            the Secretary of the Interior, or such other Federal official
            as may be designated to administer the national land use
            program, with respect to that portion of the coastal zone
            management program affecting such inland areas.
                (Remainder of section 307 and all of section 308 omitted)

            Section 309
16 U.S.C. 1456b,
Coastal zone enhance-
            (a) For purposes of this section, the term “coastal zone
ment grants
            enhancement objective” means any of the following
16 U.S.C. 1456b(a),
            objectives:
Coastal zone enhance-
ment objective      (1) Protection, restoration, or enhancement of the
defined         existing coastal wetlands base, or creation of new coastal
            wetlands.
              (2) Preventing or significantly reducing threats to life
            and destruction of property by eliminating development
            and redevelopment in high-hazard areas, managing devel-
            opment in other hazard areas, and anticipating and manag-
            ing the effects of potential sea level rise and Great Lakes
            level rise.
              (3) Attaining increased opportunities for public access,
            taking into account current and future public access needs,
            to coastal areas of recreational, historical, aesthetic, eco-
            logical, or cultural value.
             (4) Reducing marine debris entering the Nation’s coastal
            and ocean environment by managing uses and activities that
            contribute to the entry of such debris.
              (5) Development and adoption of procedures to assess,
            consider, and control cumulative and secondary impacts
            of coastal growth and development, including the collec-
            tive effect on various individual uses or activities on coastal
            resources, such as coastal wetlands and fishery resources.




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                        FEDERAL HISTORIC PRESERVATION LAWS
Coastal Zone Management Act of 1972


              (6) Preparing and implementing special area management
            plans for important coastal areas.
              (7) Planning for the use of ocean resources.
              (8) Adoption of procedures and enforceable policies to
            help facilitate the siting of energy facilities and Government
            facilities and energy-related activities and Government
            activities which may be of greater than local significance.
              (9) Adoption of procedures and policies to evaluate and
            facilitate the siting of public and private aquaculture facili-
            ties in the coastal zone, which will enable States to formu-
            late, administer, and implement strategic plans for marine
            aquaculture.
            (b)(1) Subject to the limitations and goals established in this
16 U.S.C. 1456b(b),
Limits on grants    section, the Secretary may make grants to coastal states
            to provide funding for development and submission for
            Federal approval of program changes that support attain-
            ment of one or more coastal zone enhancement objectives.
              (2)(A) In addition to any amounts provided under section
            306 of this Act [16 U.S.C. 1455], and subject to the availabil-
            ity of appropriations, the Secretary may make grants under
            this subsection to States for implementing program changes
            approved by the Secretary in accordance with section 306(e)
            of this Act [16 U.S.C. 1455(e)].
               (B) Grants under this paragraph to implement a pro-
            gram change may not be made in any fiscal year after the
            second fiscal year that begins after the approval of that
            change by the Secretary.
                      (Remainder of the Act omitted)




130  FEDERAL HISTORIC PRESERVATION LAWS