management program and the State concurs in that certification, or fails to object
within six months after receipt from the applicant of a copy of the certification. This
provision does not apply where the State has specifically excluded the activity from
the State's federally approved coastal zone management program, in which case
normal Coast Guard permitting procedures apply. (See 16 U.S.C. 1456(c)(3)). See
Enclosure (2), Coastal Zone Management Act (CZMA) Consistency Determination
for Non-Federal Applicants.
(1) Only "site specific" licenses and permits, e.g., bridge permits, deepwater port
development, and private aids-to-navigation permits, are subject to these
consistency requirements. Under this category, it is the permit applicant, not the
Coast Guard, who makes the certification to the State. Enclosure (4) lists those
types of Coast Guard permits, licenses and their citations that are site specific.
agency objects to a Coast Guard negative or consistency determination, the Coast
Guard shall attempt to negotiate and resolve the issue with the State agency within the
remainder of the 90-day period. Coast Guard shall not proceed with the activity over
the State agency's objections unless:
(1)
Coast Guard has concluded that under existing law it is prohibited from the
standard of being fully "consistent to the maximum extent practicable" with a
State's CZMP and has notified the State agency in writing, or
(2)
Coast Guard has concluded that its project or activity is fully consistent with the
enforceable policies of the State CZMP, though the State agency objects.
(3)
In either case, Coast Guard shall notify the State agency of its decision to
proceed with the project or activity that is objected to by the State before the
project or activity commences.
(4)
In the event of a serious disagreement between Coast Guard and a State agency
regarding the consistency of a proposed Coast Guard project or activity affecting
any coastal use or resource, either party may request mediation from the
NOAA's Office of Ocean and Coastal Resource Management or the Secretary of
Commerce.
l. Necessary in the Interest of National Security and Presidential Exemptions: If a Coast
Guard development project or agency activity, or the issuance of a Coast Guard
license or permit, is necessary in the interest of national security, a waiver of the
consistency requirements may be obtained from the Secretary of Commerce.
Department of Commerce regulations at Title 15 CFR 930.122 should be consulted.
m. Emergency and Exigent Circumstances and Presidential Exemptions: A Federal
agency may deviate from full consistency if the activity is exempted by the President
under section 307(c)(1)(B) of the Act (16 U.S.C. 1456(c)(1)(B)). Some of these
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