C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER B—OCEAN AND COASTAL RESOURCE MANAGEMENT › PART 930—FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS › Subpart C—Consistency for Federal Agency Activities

15 C.F.R. § 930.39

Content of a consistency determination

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(a) The consistency determination shall include a brief statement indicating whether the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the management program. The statement must be based upon an evaluation of the relevant enforceable policies of the management program. A description of this evaluation shall be included in the consistency determination, or provided to the State agency simultaneously with the consistency determination if the evaluation is contained in another document. Where a Federal agency is aware, prior to its submission of its consistency determination, that its activity is not fully consistent with a management program's enforceable policies, the Federal agency shall describe in its consistency determination the legal authority that prohibits full consistency as required by § 930.32(a)(2). Where the Federal agency is not aware of any inconsistency until after submission of its consistency determination, the Federal agency shall submit its description of the legal authority that prohibits full consistency to the State agency as soon as possible, or before the end of the 90-day period described in § 930.36(b)(1). The consistency determination shall also include a detailed description of the activity, its associated facilities, and their coastal effects, and comprehensive data and information sufficient to support the Federal agency's consistency statement. The amount of detail in the evaluation of the enforceable policies, activity description and supporting information shall be commensurate with the expected coastal effects of the activity. The Federal agency may submit the necessary information in any manner it chooses so long as the requirements of this subpart are satisfied.

(b) Federal agencies shall be guided by the following in making their consistency determinations. The activity its effects on any coastal use or resource, associated facilities (e.g., proposed siting and construction of access road, connecting pipeline, support buildings, and the effects of the associated facilities (e.g., erosion, wetlands, beach access impacts), must all be consistent to the maximum extent practicable with the enforceable policies of the management program.

(c) In making their consistency determinations, Federal agencies shall ensure that their activities are consistent to the maximum extent practicable with the enforceable, policies of the management program. However, Federal agencies should give consideration to management program provisions which are in the nature of recommendations.

(d) When Federal agency standards are more restrictive than standards or requirements contained in the management program, the Federal agency may continue to apply its stricter standards. In such cases the Federal agency shall inform the State agency in the consistency determination of the statutory, regulatory or other basis for the application of the stricter standards.

(e) State permit requirements. Federal law, other than the CZMA, may require a Federal agency to obtain a State permit. Even when Federal agencies are not required to obtain State permits, Federal agencies shall still be consistent to the maximum extent practicable with the enforceable policies that are contained in such State permit programs that are part of a management program.

Notes of Decisions
Cited in 8 cases, 1981–2005 · leading case: Amber Resources Co. v. United States, 68 Fed. Cl. 535 (Fed. Cl. 2005).
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Amber Resources Co. v. United States, 68 Fed. Cl. 535 (Fed. Cl. 2005). · cites it 2× “15 C.F.R. § 930.39 (a) (2005). Any exemption from entire consistency provided by the regulations must also be described and supported in the agency’s consistency determination.”
Vill. of False Pass v. Watt, 565 F. Supp. 1123 (D. Alaska 1983). “§ 1456 (c)(1); 15 C.F.R. § 930.39 . A consistency determination for Lease Sale 70 was prepared and submitted to the State of Alaska on December 3, 1982.”
United States v. Ciampitti, 583 F. Supp. 483 (D.N.J. 1984). “, restrict project development or design alternatives notwithstanding permissive management program policies)____ 15 CFR § 930.39 (d) (1982). Furthermore, 16 U.”
Conservation Law Found. v. Watt, 560 F. Supp. 561 (D. Mass. 1983). “15 C.F.R. § 930.39 (a). The proposed action is required “to be fully consistent with [approved state coastal zone management programs] unless compliance is prohibited based upon the requirements of existing law,” and the “statutory provision, legislative history or other legal…”
Cape May Greene, Inc. v. Warren, 698 F.2d 179 (3rd Cir. 1983). “” 15 C.F.R. § 930.39 (d) (1982). The regulation is contained in Subpart C of NOAA’s regulations on “Federal Consistency with Approved Coastal Management Programs.”
Save Lake Washington v. Frank, 641 F.2d 1330 (9th Cir. 1981). “15 C.F.R. § 930.39 . If the state agency fails to respond within 45 days, then the federal agency is entitled to “presume” that the project has been deemed consistent with the state program.”
New England Naturist Ass'n. Inc. v. Larsen, 692 F. Supp. 75 (D.R.I. 1988). “15 C.F. R. § 930.39(b). *81 The regulations further mandate that the consistency determination be provided before the agency reaches a decision and at least 90 days prior to final approval of the proposed activity unless the agency and the state agree otherwise.”
State of La. v. Lujan, 777 F. Supp. 486 (E.D. La. 1991). “15 C.F.R. § 930.39 (a). Despite the evidence submitted by the state that the consistency determina *489 tion was inadequate, or improperly analyzed the state program, given its limited scope of review, this Court cannot find that the plaintiffs have demonstrated or have a…”
— 15 C.F.R. § 930.39(b) — 1 case
New England Naturist Ass'n. Inc. v. Larsen, 692 F. Supp. 75 (D.R.I. 1988). “15 C.F. R. § 930.39(b). *81 The regulations further mandate that the consistency determination be provided before the agency reaches a decision and at least 90 days prior to final approval of the proposed activity unless the agency and the state agree otherwise.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.