650 R.I. Code R. § 650-RICR-20-00-1.4 Federal Consistency

• Library: Rhode Island Administrative Code
• Edition: 2023
• Currency: Current through December 28, 2023
• Year: 2023
• Citation: 650 R.I. Code R. § 650-RICR-20-00-1.4

A. Introduction

1. The federal consistency requirement, as provided for in section 307 of the Coastal Zone Management Act (CZMA) ( 16 U.S.C. §§ 16Congressional findings1451 through 16Authorization of appropriations1464), is an important function of state coastal management programs. Under Section 307, federal agencies conducting an activity which is reasonably likely to affect any land or water use or natural resource of the coastal zone, are required to do so in a manner consistent, to the maximum extent practicable, with the enforceable policies of the state's coastal management program developed and implemented under the CZMA. Federal permits and licenses, including those associated with outer continental shelf (OCS) plans, and grant-in-aid programs to local or state governments and related public entities, which are reasonably likely to affect any land or water use or natural resource of the coastal zone must also be consistent with the state's coastal management program.

2. As part of Rhode Island's coastal management program, both the geographical scope of the state's coastal zone and the enforceable policies applicable to the coastal zone have been defined and approved by the National Oceanic and Atmospheric Administration (NOAA). Rhode Island's approved coastal zone, for the purposes of exercising the federal consistency requirement of the CZMA, includes the area encompassed within the state's seaward boundary (three miles) to the inland boundaries of the state's 21 coastal communities. The Rhode Island Coastal Resources Management Program (RICRMP), which includes this "Redbook," the Council's Special Area Management Plans and Energy Amendments, and adopted State Guide Plan elements together make up Rhode Island's federally approved coastal program. The provisions of these programmatic documents and regulations which meet the definition of enforceable policies under the CZMA constitute the enforceable policies with which federal activities must be consistent in Rhode Island.

3. In order to assist federal agencies in determining whether a proposed activity is subject to the federal consistency requirement, and in accordance with the CZMA, the CRMC has listed activities both direct and indirect, reasonably likely to affect any land or water use or natural resource of...