[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR923.21]



[Page 202-203]

 

                  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 C_Special Management Areas

 

Sec. 923.21  Areas of particular concern.



    (a) The management program must include an inventory and designation 

of areas of particular concern within the coastal zone, on a generic 

and/or site-specific basis, and broad guidelines on priorities of uses 

in particular areas, including specifically those uses of lowest 

priority.

    (b) In developing criteria for inventorying and designating areas of 

particular concern. States must consider whether the following represent 

areas of concern requiring special management:

    (1) Areas of unique, scarce, fragile or vulnerable natural habitat; 

unique or fragile, physical, figuration (as, for example, Niagara 

Falls); historical significance, cultural value or scenic importance 

(including resources on or determined to be eligible for the National 

Register of Historic Places.);

    (2) Areas of high natural productivity or essential habitat for 

living resources, including fish, wildlife, and endangered species and 

the various trophic levels in the food web critical to their well-being;

    (3) Areas of substantial recreational value and/or opportunity;

    (4) Areas where developments and facilities are dependent upon the 

utilization of, or access to, coastal waters;

    (5) Areas of unique hydrologic, geologic or topographic significance 

for industrial or commercial development or for dredge spoil disposal;

    (6) Areas or urban concentration where shoreline utilization and 

water uses are highly competitive;

    (7) Areas where, if development were permitted, it might be subject 

to significant hazard due to storms, slides, floods, erosion, 

settlement, salt water intrusion, and sea level rise;

    (8) Areas needed to protect, maintain or replenish coastal lands or 

resources including coastal flood plains, aquifers and their recharge 

areas, estuaries, sand dunes, coral and other reefs, beaches, offshore 

sand deposits and mangrove stands.

    (c) Where states will involve local governments, other state 

agencies, federal agencies and/or the public in the process of 

designating areas of particular concern, States must provide guidelines 

to those who will be involved in the designation process. These 

guidelines shall contain the purposes, criteria, and procedures for 

nominating areas of particular concern.

    (d) In identifying areas of concern by location (if site specific) 

or category of coastal resources (if generic), the program must contain 

sufficient detail to



[[Page 203]]



enable affected landowners, governmental entities and the public to 

determine with reasonable certainty whether a given area is designated.

    (e) In identifying areas of concern, the program must describe the 

nature of the concern and the basis on which designations were made.

    (f) The management program must describe how the management program 

addresses and resolves the concerns for which areas are designated; and

    (g) The management program must provide guidelines regarding 

priorities of uses in these areas, including guidelines on uses of 

lowest priority.