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INTRODUCTION

The 29 states and territories actively participating in implementation of the federal Coastal Zone Management Act (CZMA) have completed a wide range of activities to address national and state interests. This chapter summarizes these activities in seven key subject areas: 1) improved government decision-making; 2) natural resource protection; 3) improved public access to coastal resources; 4) urban waterfront development; 5) hazards mitigation; 6) natural resource development, and 7) ports and marinas.

This description covers highlights and illustrations of state program activities rather than attempting a comprehensive listing of all program accomplishments. Detailed individual state by state summaries of program activities are in Chapter 8.

Throughout this chapter the abbreviation "CMP" is used for "Coastal Management Program." This generic term is used for all state and territorial programs under the CZMA, though they have a wide variety of actual titles (e.g., "Coastal Zone Management," Coastal Resource Management,” etc.).

IIMPROVED GOVERNMENTAL DECISION-MAKING

The activities states are pursuing to improve government decision-making and operations in coastal zone management are many and diverse. Each state has advances to report in permitting processes; enforcement of local, state, and federal laws and regulations; coordination of governmental agencies; public outreach; and numerous other areas.

Improving Permit Review Process

Many states are making efforts to expedite their review process for the issuance of coastal development permits. Cooperation among state and federal agencies, as well as between the state and local governments, has ensured consistency among various agencies' standards and policies, as well as eliminated unnecessary duplication of permit requirements. For instance, in Rhode Island, the CMP is attempting to expand its permit review process for all substantial impact projects to include local review and comment. This program involves a coordinated review effort by the CMP and the town to concurrently review projects that meet both local requirements and state coastal policy. Typical of federal-state level cooperation is the Memorandum of Agreement between Michigan and the Army Corps of Engineers (Corps). The agreement provides for the issuance of joint public notices and allows for the use of one permit application which is shared by both agencies for statutes regulating the land and water interface.

Other states, such as North Carolina, have developed coordinated state-federal wetland permitting programs. These programs result in the Corps issuing a general federal permit for state permitted activity. This reduces permit processing time for the applicant and saves the federal government the cost of a duplicative permit review.

Assisting Local Coastal Management

Approximately one-third of the State CMPs have been instrumental in assisting local governments to actively manage coastal areas within their jurisdictions, and to enforce both state and local regulations. For instance, in Maine, a formal training program and certification procedure for local code enforcement officers has been instituted. Certified code enforcement officers are now able to testify in district court, consequently improving enforcement of local zoning and environmental laws. In Washington, local governments have been granted authority to institute a civil fine procedure to deal with violations of the State Shoreline Management Act.

The Washington Department of Ecology provides basic policy guidance and recommendations to local governments on how to construct procedures for fines, penalties, and liens.

Another activity to improve government decision-making has been the production of detailed land use and similar studies and plans. For example, in North Carolina all 20 coastal counties and over 60 municipalities have prepared CZM mandated comprehensive plans that meet minimum state standards. The plans are updated, largely using CZMA funds, every 5 years.

Advances in Technology

Several states have improved their coastal zone management operations by updating the technology used. For instance, the Pennsylvania CZM program has streamlined its administrative process through computerization, resulting in a substantial time and cost savings to the program. The computer system can also be used to track grant tasks and reviews, and has improved the management of grants and projects. The Northern Marianas has put land use and natural resource data onto a Geographic Information System (GIS). Information will be used in a cooperative effort with the Marianas Public Land Corporation to update the CNMI Plan for public land use. Virginia's CMP is providing support to Virginia's developing EcoMaps Program, a comprehensive natural resources inventory and GIS which will be used by state and local governments in making environmental management decisions. In Rhode Island, the CMP has helped develop an interactive setback computer program for activities located within the coastal zone. Based on average annual erosion rates and the anticipated sea level rise for a given area, the program determines an adequate construction setback for proposed activities.

Public Involvement

Most state CMPs have attempted to involve the public in coastal management operations. The CMP in Maryland has conducted a number of workshops on issues of coastal zone management concerns, e.g., recreational boating workshops for the public to address the issues of boating safety, excessive noise, and shoreline erosion caused by boat wakes. A local outreach program to the local village chiefs in the American Samoas attempts to gain the chiefs' support for the American Samoan CMP and to foster their participation in the program. Many states and territories have also developed newsletters, magazines, and other public information on programs to educate and involve the public.

NATURAL RESOURCES PROTECTION

Permitting

Many state coastal management agencies put a permitting process to use in protecting natural resources. For instance, the Michigan Department of Natural Resources reviews and issues project permits under a consolidated permit process that encompasses a total of nine state statutes and four federal programs. New Hampshire uses wetland inspectors in an expanded preapplication review process to protect coastal wetlands. The Connecticut Coastal Management Act requires that towns conduct coastal site plan reviews in conjunction with zoning and building permit reviews for all coastal development projects to determine the possible effects on coastal

resources.

The Massachusetts Wetlands Restriction Program addresses the cumulative impacts of development on wetlands by acting as a zoning overlay, barring certain activities on a town-bytown basis. Subdivision proposals in Rhode Island must have mitigation and control plans for stormwater runoff, and approval is stipulated on a ban on certain lawn care pesticides and fertilizers in areas of concern. In Virginia, a study was conducted which evaluated wetlands

compensation mitigation as a management tool for use within Virginia's shoreline permit program.

Several states have introduced special permitting processes to be used in certain designated coastal areas. In North Carolina, the states coastal waters, wetlands, beaches, and other sensitive areas have been designated as "Areas of Environmental Concern" where all development activities require a Coastal Area Management Act permit. The North Carolina CMP reviews approximately 2,000 development projects per year under this program. New York has established Scenic Areas of Statewide Significance for the Hudson River coastal region to provide regulatory protection. In the Virgin Islands, Areas of Particular Concern are used to improve predictability in the decisionmaking process for permits, and to determine which areas should not be developed at all.

Some states, such as Maine, have instituted a system of computerized maps to ensure that permit decisions are consistent and are based on sound geological criteria. In New Hampshire, wetlands maps are distributed for use by state and local regulatory agencies responsible for making permit and other resource management decisions. Often data from mapping projects are incorporated into a GIS for use in water use permitting, as is done in Wisconsin.

Coastal Pollution Control

Many of the state coastal management programs address the issue of marine and coastal pollution, including oil spills. The Massachusetts CMP is involved in and provides staff support for planning a long-term solution to the problems of pollution in Boston Harbor, and is working with federal, state, and local officials to update the regional oil spill contingency plans in two of Massachusetts' bays. CMP funds in American Samoa are used to contract with a local boat owner who has been given authority to issue fines and citations to polluters and to patrol Pago Pago Harbor to remove debris. The crew has received training in oil spill cleanup. The Washington Ocean Resources Management Act designates financial responsibility for vessels that spill oil; while the New Hampshire CMP has been instrumental in developing a comprehensive oil spill contingency plan, to which oil industry representatives have responded by agreeing to purchase oil spill response equipment. A new litter law incorporated into Mississippi's MCP prohibits discharge of litter in the ocean and nearshore coastal waters, and includes standards and guidelines based in part on recommendations made at the MARPOL conference. In South Carolina, guidelines controlling nonpoint pollution and stormwater runoff are a major consideration in the processing of over 1,400 federal consistency reviews each year. The 1988 revisions to the South Carolina guidelines require both a pollution control system and assurances that the system will be maintained.

Special Area Management Plans

Many states have in place Special Area Management Plans (SAMPs) or similar plans designed to protect coastal natural resources. The Florida CMP has focused efforts to develop a statewide perspective of estuarine pollution and develop an overall estuarine management policy. In addition, management plans for many aquatic preserves have been developed with funds from the Florida CMP to protect resources from degradation due to population growth. In South Carolina, SAMPs address the effects of treated sewage and stormwater on water quality, alterations of natural land drainage patterns, creation of artificial lagoons and reservoirs, dredge and fill of wetlands, beach erosion, and threats to prehistoric and archaeological sites. A model Mangrove Management Plan for selected areas in Puerto Rico was generated to be used as a basis. for an island-wide management plan, with the goals of designing protective measures and development of recommendations for land uses compatible with the ecology of the area.

Natural Resource Acquisition

Several states have undertaken direct responsibility for natural resource protection by acquisition of land in the coastal zone. Often, as was the case in Delaware and California, the State CMP catalyzes the purchase and acquisition of parks, wetlands, natural areas, and open space; or CMP funds are used to negotiate agreements, as in New Jersey, where a critical habitat used as a stopover for migrating shorebirds was acquired. In New Hampshire, the CMP contributed to the purchase of a parcel of land with bay frontage that was incorporated into the Estuarine Research Reserve. In North Carolina, funds have been used to acquire the state's largest remaining maritime forest and an island previously slated for development that is located in a key shellfishing area (and also included a vital archaeological site). In Puerto Rico, funds have been established by the Natural Heritage Program to acquire critical natural areas now in private ownership.

PUBLIC ACCESS TO COASTAL RESOURCES

Low Cost Construction

The CMPs of many states have improved public access to their coastlines by engaging in low cost construction projects. Amenities provided to the public include walkways, bicycle paths, viewing areas, interpretative trails, boat ramps and docks, picnic areas, as well as restrooms, showers, and parking lots. North Carolina used CZMA funds to more than double the size of its beach access program in 1985 through 1988, allowing the state to establish 138 public accessways by the end of 1988. Many states have made extensive use of Section 306A funds to implement land acquisition and construction of these projects. Often small-scale access projects open the area to further public and private investment. In Wisconsin, for instance, CMP seed money for a small harbor provided the impetus for a larger project, including a 900-slip marina, support facilities, a county park, and public boating facilities.

Zoning and Permitting for Access

Some CZMA participants have made use of zoning requirements and the permitting process to provide public access to the shoreline. In the Northern Marianas, the CMP has required developers to provide public access, such as bicycle/pedestrian paths, through permit conditions. Regulations adopted in Puerto Rico in 1983 require setbacks for any new coastal development, as weli as limitations on uses in areas designated as public beaches, natural areas, reserve areas, and mangroves. Other states, such as Washington, provide technical assistance and workshop opportunities to local government officials for reviewing shoreline permits for public access. A handbook prepared by the North Carolina CMP informs local governments of techniques available for requiring public accessways. In Pennsylvania, the CMP has helped city governments develop comprehensive plans that encourage private developers to incorporate public access provisions into their development plans for urban waterfront areas. Under the New York City Local Waterfront Revitalization Program, the City has obtained approximately 30 miles of shoreline public access through development exactions.

Access Inventories

Several state CMPs have compiled inventories, and have made available to the public guidebooks and pamphlets that identify, locate and describe, often with maps and site photographs, natural features and developed facilities of state public access sites. These guides can help the public find recreation areas, and are also put to other purposes. The Washington guide aids in the selection of Sections 306 and 306A public access projects, while in Guam, a shoreline access study provides information used by land use planners as well as recreation seekers. In Hawaii, the

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