What is Consistency?
Government at all levels, through its direct, regulatory, and financial assistance activities, greatly affects how land and water resources are developed, used, or protected. Nowhere is this influence greater than along our coasts and waterways where both population and natural resources are concentrated.
Recognizing this, Congress and the State Legislature included in their respective coastal management and waterfront acts important provisions to insure greater coordination of governmental decision-making that affects the achievement of the policies they established to promote the appropriate use and protection of our coasts and waterways. These decision-making standards and procedures are known as "consistency".
Through these provisions, public agency decisions - whether they involve direct activities, funding, or permits - are to result in activities that are "consistent" with the State's coastal policies.
The federal Coastal Zone Management Act (CZMA) requires that each Federal agency activity within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved State management programs.
In New York State, the enforceable coastal policies are those in the New York State Coastal Management Program (CMP) and the enforceable policies of any Local Waterfront Revitalization Program, regional coastal management programs such as the Long Island Sound Coastal Management Program, or other special area management plan that has been incorporated into New York State's approved management program.
Likewise the State Waterfront Revitalization of Coastal Areas and Inland Waterways Act includes provisions to assure consistency of state actions and where appropriate federal actions, with the policies of the coastal area and inland waterways, and with accepted waterfront revitalization programs of the area defined or addressed by such programs.
At the local government level, cities, towns, or villages with adopted Local Waterfront Revitalization Programs enact similar consistency provisions applicable to their decision-making.
These requirements apply to municipal agency decision-making, such as decisions involving zoning changes, subdivisions, site plans, special use permits, municipal construction projects, and funding activities. Municipalities that have adopted an LWRP should be contacted directly regarding their requirements.
Federal agencies are required to follow certain procedures for any activity they undertake, fund or approve.
State agencies are required to follow certain procedures for direct or funding actions and for any action, including permits, for which they are an involved or lead agency pursuant to the State Environmental Quality Review Act and for which an Environmental Impact Statement may be necessary. State agency activities listed in an approved Local Waterfront Revitalization Program are also subject to consistency procedures. State agencies are also required to follow the federal consistency requirements if they require federal approval of their activity or if the activity involves federal funding.
Municipal agencies of a city, town, or village with an adopted LWRP are required to follow the procedures established by their municipality to assure consistency of local activities with the adopted LWRP. A municipal agency of any coastal municipality may be subject to State and federal consistency procedures if they require State or federal approval of their activity or are using State or federal funds for the activity.
Any person who is considering an activity in, or affecting, the State's coastal area that requires approval from a federal, State or local agency (in a city, town, or village with an adopted LWRP) may be required to comply with certain consistency requirements or have their action subject to state agency consistency requirements
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