[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: 15CFR923.41]



[Page 206-207]

 

                  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. 923.41  Identification of authorities.



    (a)(1) The management program must identify the means by which the 

state proposes to exert control over the permissible land uses and water 

uses within the coastal zone which have a direct and significant impact 

on the coastal waters, including a listing of relevant state 

constitutional provisions, laws, regulations, and judicial decisions. 

These are the means by which the state will enforce its coastal 

management policies. (See section 304(6a) of the Act.)

    (2) The state chosen agency or agencies (including local 

governments, area-wide agencies, regional agencies, or interstate 

agencies) must have the authority for the management of the coastal 

zone. Such authority includes the following powers:

    (i) To administer land use and water use regulations to control 

development to ensure compliance with the management program, and to 

resolve conflicts among competing uses; and

    (ii) To acquire fee simple and less than fee simple interests in 

land, waters, and other property through condemnation or other means 

when necessary to achieve conformance with the management program.

    (b) In order to meet these requirements, the program must identify 

relevant state constitutional provisions, statutes, regulations, case 

law and such other legal instruments (including executive orders and 

interagency agreements) that will be used to carry out the state's 

management program, including the authorities pursuant to sections 

306(d)(10) and 306(d)(11) of the Act which require a state to have the 

ability to:

    (1) Administer land and water use regulations in conformance with 

the policies of the management program;

    (2) Control such development as is necessary to ensure compliance 

with the management program;

    (3) Resolve conflicts among competing uses; and



[[Page 207]]



    (4) Acquire appropriate interest in lands, waters or other property 

as necessary to achieve management objectives. Where acquisition will be 

a necessary technique for accomplishing particular program policies and 

objectives, the management program must indicate for what purpose 

acquisition will be used (i.e., what policies or objectives will be 

accomplished); the type of acquisition (e.g., fee simple, purchase of 

easements, condemnation); and what agency (or agencies) of government 

have the authority for the specified type of acquisition.