COMDTINST 16004.2
i. "Enforceable policy" means State policies which are legally binding under State law
(e.g., through constitutional provisions, laws, regulations, land use plans, ordinances,
or judicial or administrative decisions), and by which a State exerts control over
public and private land and water uses and natural resources in the coastal zone.
These policies should be incorporated in the State's coastal zone management
program as approved by Office of Ocean and Coastal Resources Management
(OCRM), NOAA either as part or program approval or as a program change under 15
CFR 923, subpart H.
j. "Negative Determination" means the Coast Guard's written determination that a
project or activity will have no reasonably foreseeable effects on any coastal use or
resource. The Coast Guard shall provide a negative determination to the relevant
State agency for a Coast Guard activity as discussed in 6.a.
k. The term "Consistent to the Maximum Extent Practicable" means fully consistent
with the enforceable policies of a State CZMP's substantive requirements as well as
the procedural requirements of NOAA's regulations unless full consistency is
prohibited by existing law applicable to the Federal agency. A federal agency may
deviate from full consistency due to "exigent circumstances" (e.g., emergency or
emergency-like or unexpected situation requiring the Federal agency to take quick or
immediate action). See 7.m. of this Instruction for further guidance.
l. "Listed Activities" are federal agency activities listed by State agencies in their
coastal zone management programs which, in the opinion of the State agency, will
have reasonably foreseeable coastal effects and therefore, may require a Federal
agency consistency determination.
m. "Unlisted Activities" are those not specifically listed in the State's CZMP but which
may have reasonably foreseeable coastal effects and for which a State may advise the
Coast Guard that a consistency determination is required.
n. "Coast Guard Activity" are any functions performed by or on behalf of the Coast
Guard in the exercise of its statutory responsibilities (e.g., facilities development,
tests, or exercises). The term "action" is used interchangeably for the term "activity"
in this Instruction.
o. "Coast Guard Development Project" is an activity that involves: (1) the planning,
construction, modification, or removal of public work facilities or other structures
within the coastal zone or outside the coastal zone if the activity results in any
spillover impacts that affect any land or water use or natural resource of the coastal
zone within the purview of a state's management program; and, (2) includes the
acquisition, use or disposal of any coastal use or resource.
5.
DISCUSSION.
a. Implementation of the Act requires participation by Federal agencies having
responsibilities in the coastal zone. The Act is administered at the Federal level by
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