15 C.F.R. § 923.80

General

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(a) This subpart establishes the criteria and procedures by which any proposed change to approved management programs shall be made. The term “program change” includes all terms used in section 306(e) of the Act, including amendment, modification or other program change. Draft program changes submitted to NOAA for informal review and comment are not subject to these requirements. Unless otherwise specified, the term “NOAA” refers to the Office for Coastal Management, within NOAA's National Ocean Service. (The Office for Coastal Management was formerly known as the Office of Ocean and Coastal Resource Management and the Coastal Services Center.)

(b) Pursuant to section 306(e) of the Act, a coastal state may not implement any change to a management program as part of its management program unless the state submits, and NOAA approves, the change for incorporation into the state's federally-approved management program. A state shall not use a state or local government policy or requirement as an “enforceable policy” under 16 U.S.C. 1453(6a) and § 930.11(h) of this subchapter for purposes of Federal consistency under 16 U.S.C. 1456 and part 930 of this subchapter, unless NOAA has approved the incorporation of, and subsequent changes to, the state or local policy into the state's management program under this subpart. State or local government law not approved by NOAA as part of a state's management program remain legal requirements for state and local government purposes, but not for CZMA Federal consistency purposes.

(c) For purposes of this subpart, program changes include changes to enforceable policies as well as changes to one or more of the following management program areas under part 923: Uses Subject to Management (Subpart B); Special Management Areas (Subpart C); Boundaries (Subpart D); Authorities and Organization (Subpart E); and Coordination, Public Involvement and National Interest (Subpart F).

(d) The phrase “enforceable policies” used in this subpart is described in 16 U.S.C. 1453(6a) and § 930.11(h) of this subchapter. Enforceable policies are the only policies states can use to determine whether a Federal action is consistent with its management program under section 307, the Federal Consistency provision, of the Act (16 U.S.C. 1456 and part 930 of this subchapter).

(e) Pursuant to section 306(e)(1) of the Act and § 923.135, NOAA may suspend all or part of any grant or cooperative agreement made under section 306 of the Act if the state has failed to submit a program change identified as a necessary action under section 312 of the Act and part 923, subpart L (Review of Performance) and pursuant to the requirements for NOAA to notify the Governor of a state under the enforcement provisions of § 923.135.

Notes of Decisions

Cited in 4 cases, 1988–2008 · leading case: AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008).

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AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). · cites it 2× “"Amendment" for purposes of the CZMA is defined in 15 C.F.R. § 923.80 (d): For purposes of this subpart, amendments are defined as substantial changes in one or more of the following coastal management program areas: (1) Uses subject to management; (2) Special management areas;…”

Coastal Habitat All. v. Patterson, 601 F. Supp. 2d 868 (W.D. Tex. 2008). “15 C.F.R. § 923.80 (d). The state must conduct at least one public hearing on proposed amendments to a management plan and the amendment request must document the opportunities of the public and private parties to participate in development and approval of the proposed amendment.”

California v. Mack, 693 F. Supp. 821 (N.D. Cal. 1988). “15 C.F.R. § 923.80 (c). A “routine program implementation” is a “[f]urther detailing of a State’s program that is the result of implementing” the approved program, and is not subject to the approval process of an amendment.”

State of Cal. by California Coastal Com'n v. Mack, 693 F. Supp. 821 (N.D. Cal. 1988). “15 C.F.R. § 923.80 (c). A "routine program implementation" is a "[f]urther detailing of a State's program that is the result of implementing" the approved program, and is not subject to the approval process of an amendment.”

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