[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: 15CFR923.57]



[Page 215-216]

 

                  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 F_Coordination, Public Involvement and National Interest

 

Sec. 923.57  Continuing consultation.



    (a) As required by subsection 306(d)(3)(B) of the Act, a State must 

establish an effective mechanism for continuing consultation and 

coordination between the management agency designated pursuant to 

paragraph (6) of section 306(d) of the Act and with local governments, 

interstate agencies, regional agencies, and areawide agencies within the 

coastal zone to assure the full participation of those local governments 

and agencies in carrying out the purposes of this Act.

    (b) The management program must establish a procedure whereby local 

governments with zoning authority are notified of State management 

program decisions which would conflict with any local zoning ordinance 

decision.

    (1) ``Management program decision'' refers to any major, 

discretionary policy decisions on the part of a management agency, such 

as the determination of permissible land and water uses, the designation 

of areas or particular concern or areas for preservation or restoration, 

or the decision to acquire property for public uses. Regulatory actions 

which are taken pursuant to these major decisions are not subject to the 

State-local consultation mechanisms. A State management program decision 

is in conflict with a local zoning ordinance if the decision is 

contradictory to that ordinance. A State management program decision 

that consists of additional but not contradictory requirements is not in 

conflict with a local zoning ordinance, decision or other action;

    (2) ``Local government'' refers to these defined in section 304(11) 

of the Act which have some form of zoning authority.

    (3) ``Local zoning ordinance, decision or other action'' refers to 

any local government land or water use action which regulates or 

restricts the construction, alteration of use of land, water or 

structures thereon or thereunder. These actions include zoning 

ordinances, master plans and official maps. A local government has the 

right to comment on a State management program decision when such 

decision conflicts with the above specified actions;

    (4) Notification must be in writing and must inform the local 

government of its right to submit comments to the State management 

agency in the event the proposed State management program decision 

conflicts with a local zoning ordinance, decision or other action. The 

effect of providing such notice is to stay State action to implement its 

management decision for at least a 30-day period unless the local 

government waives its right to comment.

    (5) ``Waiver'' of the right of local government to comment (thereby 

permitting a State agency to proceed immediately with implementation of 

the management program decision) shall result:



[[Page 216]]



    (i) Following State agency receipt of a written statement from a 

local government indicating that it either:

    (A) Waives its right to comment; or

    (B) Concurs with the management program decision; or

    (C) Intends to take action which conflicts or interferes with the 

management program decision; or

    (ii) Following a public statement by a local government to the same 

effect as paragraph (b)(5)(i) of this section; or

    (iii) Following an action by a local government that conflicts or 

interferes with the management program decision.

    (6) The management program shall include procedures to be followed 

by a management agency in considering a local government's comments. 

These procedures shall include, at a minimum, circumstances under which 

the agency will exercise its discretion to hold a public hearing. Where 

public hearings will be held, the program must set forth notice and 

other hearing procedures that will be followed. Following State agency 

consideration of local comments (when a discretionary public hearing is 

not held) or following public hearing, the management agency shall 

provide a written response to the affected local government, affected 

local government, within a reasonable period of time and prior to 

implementation of the management program decision, on the results of the 

agency's consideration of public comments.