Federal Consistency Review

The federal Coastal Zone Management Act (CZMA) establishes a federal-state partnership and the related legal framework regarding management of the nation's coastal resources. The CZMA grants Maine and other coastal states that have a federally approved coastal management program the authority to review federal activities, federal license or permit activities, and federally funded activities to ensure that federal actions that may affect its coastal area meet the "enforceable policies" of the State's coastal program. The process by which a state decides whether a federal action meets its enforceable policies is called federal consistency review.

The State Planning Office (SPO) serves as a coordinator and point of contact for federal consistency review in Maine and has prepared a guide to the federal consistency review process (767K PDF), Appendix A of which lists the enforceable policies of Maine's Coastal Program. In Maine, standards and criteria of state environmental permitting and licensing laws and regulations serve as the enforceable policies of the Maine Coastal Program. Accordingly, the Maine Department of Environmental Protection and other state agencies in Maine's networked coastal program review and make findings that serve as the basis for the state's consistency decision in much the same that way they evaluate license and permit applications under the state environmental laws and regulations.

Rules issued by the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management (OCRM) govern the deadlines and other procedural aspects of the federal consistency review process.

If you have questions or need additional information, please contact the Maine Coastal Program's Federal Consistency Coordinator, Todd Burrowes, or call (207) 287-1496.

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Note: Pending changes to the Maine Coastal Program that relate to the federal consistency review process

Recently enacted legislation, Maine Public Laws 2011, chapter 655, abolishes the State Planning Office (SPO), which is currently the lead state agency responsible for administration of the Maine Coastal Program, and transfers that responsibility, including coordination of the federal consistency review process, to the Maine Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources (DOC). This change takes effect on July 1, 2012.

SPO has submitted to the National Oceanic and Atmospheric Administration's Office of Coastal Resources Management (OCRM) request for its approval of pertinent provisions of the above-noted law as routine program changes. No change in the state's consistency review process or related personnel is proposed. Therefore, prior to July 1, 2012, please continue to direct federal consistency determination-related correspondence to:

Kathleen Leyden
Director, Maine Coastal Program
State Planning Office
38 State House Station
Augusta, ME 04333

Although the Maine Coastal Program's office is moving to a new location on May 8, 2012, mail sent to the above address will be routed appropriately.

After July 1, 2012, when the law abolishing SPO has taken effect and OCRM has approved the above-noted routine program changes, as is anticipated, the Maine Coastal Program will have a new official address at DOC. We will provide updated contact information to our federal partners and others along with notice of OCRM's approval of these routine program changes.

During this transition period, e-mail is the best way to contact Maine Coastal Program staff.

Maine Coastal Program

Federal Consistency Review

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