Strong Enforceable Policies - Examples and Tips
1 December 2022
Enforceable policies (EPs) are the backbone of federal consistency review. They provide the substantive standards on which state and territorial coastal management programs (CMPs) rely to influence federal actions in and affecting the coastal zone through the federal consistency process, pursuant to Section 307 of the Coastal Zone Management Act (CZMA) (16 U.S.C. § 1456). The process allows states and territories (hereafter referred to as “states”) to review not only proposed federal agency activities (e.g., navigation dredging by the Army Corps of Engineers), but also proposed activities by any non-federal entity requiring a federal license, permit, or permission (e.g., a Clean Water Act Section 404 permit). In general, if a state identifies one or more specific enforceable policies with which a federally authorized activity would be inconsistent, the permit or license may not be issued.