Maine Coastal Program coordinates and provides a point of contact for federal consistency review in Maine. The federal Coastal Zone Management Act authorizes states with approved Coastal Zone Management Programs to review federal actions, which include federal agency activities and the issuance of federal licenses and permits. Such activities with potential effects to uses and resources in Maine's coastal zone must be consistent with the enforceable policies of Maine Coastal Program. This review is known as federal consistency.
The federal consistency provision provides states with a role in the federal decision-making process and enhances coordination and cooperation between state agencies, federal agencies, and applicants. Enforceable policies come from existing state laws, regulations, and other legally binding policies which have been approved by NOAA Office for Coastal Management for inclusion in the coastal management program. Because other state agencies administer and are subject matter experts in those policies, Maine Coastal Program relies on coordination with those agencies to conduct federal consistency reviews.
The Maine Guide to Federal Consistency Review (PDF) provides procedural information according to the type of review, a list of enforceable policies, and a list of areas subject to federal consistency review. Rules issued by NOAA's Office for Coastal Management (15 CFR Part 930) govern the deadlines and other procedural aspects of the federal consistency review process.
The coastal zone in Maine is from the inland line of all coastal towns and townships on tidewaters out to three nautical miles and includes all islands lying within that area.
How do I know if I need federal consistency review?
Generally, the following activities must receive concurrence from Maine Coastal Program that their proposed activity would be consistent with Maine’s enforceable policies:
- Any federal agency activity, whether located inside or outside of the coastal zone, with potential effects to the coastal zone.
- Non-federal activities applying for federal licenses or permits affecting uses or resources of the coastal zone, if the license or permit activity is listed in the “Activities Requiring a Federal License or Permit” section of the Maine Guide to Federal Consistency Review.
- Activities that are eligible for a U.S. Army Corps of Engineers regional general permit or nationwide permit, and that meet state conditions on those permits, do not require individual federal consistency review.
- Maine Coastal Program does not review federal assistance to state or local government agencies. The federal consistency provision extends to the review of federal funding assistance to state and local government agencies only if the coastal management program has listed specific federal assistance activities as having reasonably foreseeable effects on coastal uses and resources.
- The Maine Guide to Federal Consistency Review does not contain a list of federal assistance activities with reasonably foreseeable coastal effects; therefore, federal consistency review is not required for federal funding to public entities. However, federal funding to private entities is considered a federal agency activity and may be subject to review if the federal agency determines the activity could result in coastal effects.
For general questions, please email CZM_FederalConsistency@maine.gov or call Erin Wilson at (207) 707-2324. Early coordination is encouraged.
Public Notices
All Public Notices can be found on the MOCA News & Announcements page.