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 D—Consistency for Activities Requiring a Federal License or Permit

15 C.F.R. § 930.53

Listed federal license or permit activities

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(a) State agencies shall develop a list of federal license or permit activities which affect any coastal use or resource, including reasonably foreseeable effects, and which the State agency wishes to review for consistency with the management program. The list shall be included as part of the management program, and the federal license or permit activities shall be described in terms of the specific licenses or permits involved (e.g., Corps of Engineers 404 permits, Coast Guard bridge permits). In the event the State agency chooses to review federal license or permit activities, with reasonably foreseeable coastal effects, outside of the coastal zone, it must generally describe the geographic location of such activities.

(1) The geographic location description should encompass areas outside of the coastal zone where coastal effects from federal license or permit activities are reasonably foreseeable. The State agency should exclude geographic areas outside of the coastal zone where coastal effects are not reasonably foreseeable. Listed activities may have different geographic location descriptions, depending on the nature of the activity and its coastal effects. For example, the geographic location for activities affecting water resources or uses could be described by shared water bodies, river basins, boundaries defined under the State's coastal nonpoint pollution control program, or other ecologically identifiable areas. Federal lands located within the boundaries of a State's coastal zone are automatically included within the geographic location description; State agencies do not have to describe these areas. State agencies do have to describe the geographic location of listed activities occurring on federal lands located beyond the boundaries of a State's coastal zone.

(2) For listed activities occurring outside of the coastal zone for which a State has not generally described the geographic location of review, States must follow the conditions for review of unlisted activities under § 930.54 of this subpart.

(b) General concurrences for minor activities. To avoid repeated review of minor federal license or permit activities which, while individually inconsequential, cumulatively affect any coastal use or resource, the State agency, after developing conditions allowing concurrence for such activities, may issue a general public notice (see § 930.61) and general concurrence allowing similar minor work in the same geographic area to proceed without prior State agency review. In such cases, the State agency must set forth in the management program license and permit list the minor federal license or permit activities and the relevant conditions which are covered by the general concurrence. Minor federal license or permit activities which satisfy the conditions of the general concurrence are not subject to the consistency certification requirement of this subpart. Except in cases where the State agency indicates otherwise, copies of federal license or permit applications for activities subject to a general concurrence must be sent by the applicant to the State agency to allow the State agency to monitor adherence to the conditions required by such concurrence. Confidential and proprietary material within such applications may be deleted.

(c) The license and permit list may be amended by the State agency following consultation with the affected Federal agency and approval by the Director pursuant to the program change requirements found at 15 CFR part 923, subpart H.

(1) Consultation with the affected Federal agency means, at least 60 days prior to submitting a program change request to OCRM, a State agency shall notify in writing the relevant regional or field Federal agency staff and the head of the affected Federal agency, and request comments on the listing change. The notification shall describe the proposed change and identify the regional Federal agency staff the State has contacted for consultation.

(2) A State agency must include in its program change request to OCRM a description of any comments received from the affected Federal agency.

(d) No federal license or permit described on an approved list shall be issued by a Federal agency until the requirements of this subpart have been satisfied. Federal agencies shall inform applicants for listed licenses or permits of the requirements of this subpart.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1981–2021 · leading case: California Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987).
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California Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987). · cites it 2× “15 CFR § 930.53 (1986). If the activity is unlisted, the State must within 30 days of receiving notice of the federal permit application *591 inform the federal agency and federal permit applicant that the proposed activity requires CZMA consistency review.”
No Oilport! v. Carter, 520 F. Supp. 334 (W.D. Wash. 1981). “However, 15 C.F.R. § 930.53 (b) and (d), which was in effect at the time of the issuance of the permit, but not when NTPC originally applied for the permit, provides that certification to the State is only necessary for permits contained on a list supplied by a State to the…”
Entergy Nuclear Operations, Inc. v. New York State Dep't of State, 42 Misc. 3d 896 (N.Y. Sup. Ct. 2013). · cites it 2× “15 CFR 930.53 [a] [the State must identify those activities that it wishes to review for federal consistency]; 930.”
New Jersey, Dep't of Env't Prot. & Energy v. Long Island Power Auth., 30 F.3d 403 (3rd Cir. 1994). · cites it 2× “15 C.F.R. § 930.53 (b). The list may be amended by the state after consultation with the affected federal agency and approval of the Assistant Administrator of NOAA.”
S. Pac. Transp. Co. v. California Coastal Comm'n, 520 F. Supp. 800 (N.D. Cal. 1981). “Pursuant to 15 C.F.R. § 930.53 (1980), state agencies, with the assistance of federal licensing agencies, are to develop a list of federal license and permit activities that will probably affect the coastal zone.”
Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 583 F. Supp. 2d 259 (D.R.I. 2008). “” 15 C.F.R. § 930.53 (a). Once NOAA approves a state’s CMP, all applications for listed licenses and permits are subject to the consistency review process.”
State of North Carolina v. Ross (E.D.N.C. 2021). “See 15 C.F.R. §§ 930.53 (a)(2), 930.54. Following the submission of a certification by a federal permit applicant, the state may notify the federal permitting agency whether “the state concurs with or objects to the applicant’s certification.”
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