Federal Consistency

Review of Federal Activities

The Federal Coastal Zone Management Act of 1972 (CZMA), as amended, encourages coastal states to develop comprehensive management programs which ensure the beneficial use, protection and management of the nation’s coastal resources.

To encourage the adoption and implementation of these management programs, coastal states whose programs receive approval from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) are empowered to review federal activities within or adjacent to the state’s coastal zone. The purpose of this review is to determine whether the activity complies with the requirements of the state’s approved management program.

The authority to review federal activities to determine their compliance with the state’s approved management program is referred to as federal consistency. The federal consistency process allows states to review the following activities for compliance with the requirements of their approved management program:

1. Activities conducted by or on behalf of a federal government agency;
2. Federal funding assistance to state and local governments;
3. Activities which require a federal license or permit; and
4. Activities conducted pursuant to an Outer Continental Shelf Lands Act minerals exploration plan or lease.

If a state with an approved management program determines that a proposed federal activity is "inconsistent" (fails to comply) with the requirements of the state’s approved program, the applicant/federal agency appeals the state’s determination of inconsistency or requests mediation from the U.S. Department of Commerce, the final determination is made by the secretary of the U.S. Department of Commerce.

Federal Consistency in Florida

The Florida Coastal Management Program (FCMP) was approved by NOAA in 1981. The FCMP consists of a network of 28 Florida statutes administered by 11 state agencies and four of the five water management districts. Each FCMP agency is required to ensure that federal activities which occur within the state comply with the requirements of the FCMP statutes within its jurisdiction.

Therefore, each proposed federal activity is reviewed by those FCMP member agencies with a statutory interest in the activity to determine whether the proposed activity is consistent with its statutes and authorities in the FCMP. Recommendations regarding the activity’s consistency with the FCMP are provided by the member agencies to the Department of Community Affairs (DCA), which makes the state’s final consistency determination.

Each year thousands of actions. Including the restoration of freshwater flows to the Everglades and Florida Bay; the construction. Repair or expansion of bridges, power plants and pipelines; and the construction, repair or expansion of certain dwellings, marinas and docks are reviewed for consistency with the FCMP. The management and administration of the state’s federal consistency review process is shared among DCA, the Department of Environmental Protection, and the Governor’s Office of Planning and Budgeting.

Under an agreement between the DCA and the CFRPC, local governments in the central Florida region are afforded training on the federal consistency process and the state’s coastal management program. Staff disseminates materials and information for use by local governments to review federal applications for permits that can potentially impact their jurisdiction. In addition, CFRPC serves as a central point of contact for DCA with regards to local comments on applications.