[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR923.43]

[Page 207-208]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 923--COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
                 Subpart E--Authorities and Organization
 
Sec. 923.43  Direct State land and water use planning and regulation--Technique B.

    (a) The management program must provide for any one or a combination 
of general techniques specified in subsection 306(d)(11) of the Act for 
control of land and water uses within the coastal zone. The second such 
control technique, at subsection 306(d)(11)(B) of the Act, is direct 
state land and water use planning and regulation (control technique B).
    (b) To have control technique B approved, the State must have the 
requisite direct authority to plan and regulate land and water uses 
subject to

[[Page 208]]

the management program. This authority can take the form of:
    (1) Comprehensive legislation--A single piece of comprehensive 
legislation specific to coastal management and the requirements of this 
Act.
    (2) Networking--The utilization of authorities which are compatible 
with and applied on the basis of coastal management policies developed 
pursuant to Sec. 923.3.
    (c) In order to apply the networking concept, the State must:
    (1) Demonstrate that, taken together, existing authorities can and 
will be used to implement the full range of policies and management 
techniques identified as necessary for coastal management purposes; and
    (2) Bind each party which exercises statutory authority that is part 
of the management program to conformance with relevant enforceable 
policies and management techniques. Parties may be bound to conformance 
through an executive order, administrative directive or a memorandum of 
understanding provided that:
    (i) The management program authorities provide grounds for taking 
action to ensure compliance of networked agencies with the program. It 
will be sufficient if any of the following can act to ensure compliance: 
The State agency designated pursuant to subsection 306(d)(6) of the Act, 
the State's Attorney General, another State agency, a local government, 
or a citizen.
    (ii) The executive order, administrative directive or memorandum of 
understanding establishes conformance requirements of other State agency 
activities or authorities to management program policies. A 
gubernatorial executive order will be acceptable if networked State 
agency heads are directly responsible to the Governor.
    (3) Where networked State agencies can enforce the management 
program policies at the time of section 306 approval without first 
having to revise their operating rules and regulations, then any 
proposed revisions to such rules and regulations which would enhance or 
facilitate implementation need not be accomplished prior to program 
approval. Where State agencies cannot enforce coastal policies without 
first revising their rules and regulations, then these revisions must be 
made prior to approval of the State's program by the Assistant 
Administrator.