[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: 15CFR923.44]



[Page 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. 923.44  State review on a case-by-case basis of actions affecting 

land and water uses subject to the management program--Technique C.



    (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 third such 

control technique, at subsection 306(d)(11)(C) of the Act, is state 

administrative review for consistency with the management program of all 

development plans, projects, or land and water use regulations, 

including exceptions and variances thereto, proposed by any state or 

local authority or private developer, with power to approve or 

disapprove after public notice and an opportunity for hearings (control 

technique C).

    (b) Under case-by-case review, States have the power to review 

individual development plans, projects or land and water use regulations 

(including variances and exceptions thereto) proposed by any State or 

local authority or private developer which have been identified in the 

management program as being subject to review for consistency with the 

management program. This control technique requires the greatest degree 

of policy specificity because compliance with the program will not 

require any prior actions on the part of anyone affected by the program. 

Specificity also is needed to avoid challenges that decisions (made 

pursuant to the management program) are unfounded, arbitrary or 

capricious.

    (c) To have control technique C approved, a State must:

    (1) Identify the plans, projects or regulations subject to review, 

based on their significance in terms of impacts on coastal resources, 

potential for incompatibility with the State's coastal management 

program, and having greater than local significance;

    (2) Identify the State agency that will conduct this review;

    (3) Include the criteria by which identified plans, projects and 

regulations will be approved or disapproved;

    (4) Have the power to approve or disapprove identified plans, 

projects or regulations that are inconsistent with the management 

program, or the power to seek court review thereof; and

    (5) Provide public notice of reviews and the opportunity for public 

hearing prior to rendering a decision on each case-by-case review.