Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.)

The Coastal Zone Management Act (CZMA) strives to preserve and protect coastal resources. Through the CZMA, states are encouraged to develop coastal zone management programs (CZMPs) to allow economic growth that is compatible with the protection of natural resources, the reduction of coastal hazards, the improvement of water quality, and sensible coastal development. The CZMA provides financial and technical incentives for coastal states to manage their coastal zones in a manner consistent with CZMA standards and goals.

A state with a federally approved CZMP is eligible for financial assistance and is able to review federal permits and activities that affect the state's coastal zone. Under CZMA section 307, federal agency activities that affect any land or water use or natural resource of the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of the state CZMP. Federal license or permit activities that affect any land or water use or natural resource of the coastal zone must be fully consistent with the enforceable policies of the CZMP. Federal agencies and applicants for federal approvals must consult with state CZMPs and must provide the CZMP with a determination or certification that the activity is consistent with the CZMP's enforceable policies. The Secretary of Commerce (Secretary), however, can override a state's objection to an applicant's certification if the Secretary finds that the federal license or permit activity is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security.

Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA) of 1990 requires states with federally approved coastal management programs to establish Coastal Nonpoint Pollution Control Programs to restore and protect coastal waters. Section 6217 requires states to implement management measures based on best available, economically achievable technology, to address the impacts of five major sources of nonpoint pollution to coastal waters: agricultural runoff, silvicultural runoff, urban runoff, dams and shoreline erosion controls, and marinas and recreational boating. The program must include enforceable policies and mechanisms to ensure implementation of the measures. The program is jointly administered at the federal level by NOAA and the Environmental Protection Agency, and at the state level by coastal management and water quality agencies (Sources: 16 U.S.C. §§ 1451 et seq., NOAA Regulations 15 C.F.R. part 923; see also Marine Law Institute, University of Maine 1992, Year of the Ocean Discussion Papers 1998)..