COMDTINST 16004.2
prepared pursuant to NEPA. The consistency determination should be done in the
early planning stages of a project or activity or as early as possible.
d. The Coast Guard must conduct an "effects test" for every development project or
activity. "Effects Test" means the test by which the Coast Guard determines
compliance with CZMA Section 307 requirements. If a project or an activity initiates
a series of events where direct or indirect coastal effects on a coastal use or resource
are reasonably foreseeable, regardless of location of the activity, the Coast Guard
shall be consistent to the maximum extent practicable with the enforceable policies of
a State's federally approved CZMP.
e. Questions on whether a consistency determination is necessary for a particular Coast
Guard action, the matter should be referred to Commandant (G-LEL) for legal
analysis and policy recommendation.
7.
PROCEDURES. The Coast Guard shall notify the State agency of its determination in
the following manner: (See Enclosure (3), CZMA Federal Consistency Compliance
Summary Flowchart for determining proper notification document.)
a. Negative Determination: The Coast Guard shall provide the State agency a negative
determination if the Coast Guard has determined that a development project or agency
activity will have no reasonably foreseeable coastal effects and falls under one of the
following:
1) The activity is identified as a Listed Activity by a State agency, as described in
15 CFR 930.34(b) of reference (b); or
2) The State has notified the Coast Guard that as a result of its case-by-case
monitoring of Unlisted Activities that a Coast Guard activity may have reasonably
foreseeable coastal effects and that the federal consistency provisions of CZMA
Section 307 apply; or
3) The activity is the same as or similar to activities for which consistency
determinations have been prepared in the past; or
4) The activity was the subject of a "thorough consistency assessment" which was
no coastal effects.
A negative determination may be written in any form so long as it contains a brief
description of the project or activity, the project or activity's location and the basis for
the Coast Guard's determination that the project or activity will not affect any coastal
use or resource. The negative determination shall be provided to the State agency at
least 90 days before final approval of the project or activity. If a State agency does
not respond to the Coast Guard's negative determination within 60 days, State agency
concurrence shall be presumed. The State is entitled to one extension of 15 days or
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