[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: 15CFR923.43]



[Page 208-209]

 

                  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 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:



[[Page 209]]



    (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.