Federal Consistency

Federal consistency is a provision under Section 307 of the Coastal Zone Management Act (CZMA) (15 CFR Part 930). It gives states an important role in managing coastal uses and resources by ensuring that certain federal actions align with state coastal policies.

What federal consistency means

Under the CZMA, federal activities that may affect a state’s coastal zone must be consistent with that state’s federally approved coastal management program to the maximum extent practicable.

This applies to federal actions that occur within or outside the coastal zone if they have reasonably foreseeable effects on coastal uses or natural resources. These actions may include:

• Federal agency activities
• Federal permits or licenses
• Federal financial assistance to state or local entities

For more information, visit the NOAA Office for Coastal Management – Federal Consistency

Federal actions reviewed in Michigan

Michigan’s Coastal Management Program (MCMP) reviews a range of federal actions for consistency with state coastal policies. Examples include:

• Permits for water easements on National U.S. Forest Service Lands.
• Use and occupancy of land for hotels, resorts, summer homes, stores and facilities for industrial, commercial, educational or public use.
• Fish and Wildlife Coordination Act
• Construction of visitor facilities on National Park Service Lands
• Rights of way for electrical transmission lines on National Park Service
• Reclamation permits at dam sites and recreation areas
• Water pollution control (state permit required)
• Clean air (state permit required)
• Flood insurance permits (state permit required)
• Interstate land sales registration (state permit may be required)
• Licenses for nuclear generating stations, fuel storage and processing centers
• Siting and operation of nuclear power plants (state permit required)
• Licenses required for nonfederal hydroelectric projects and associated transmission lines
• Certificates required for the construction and operation of natural gas pipeline facilities, defined to include both interstate pipeline and terminal facilities
• Permission and approval required for the abandonment of natural gas pipelines facilities
• Excavation and fill permits, construction in navigable waters (state permit required)
• Discharge of dredge and fill material
• Hazardous substances and materials (state permit required)
• Construction and modification of bridges, causeways in navigable waters (U.S. Coast Guard) (state permit required)
• Construction of airports (state permits may be required)

State laws and rules that guide federal consistency

Michigan’s enforceable coastal policies are based on the following parts of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451, as amended, and related laws:

• Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act (NREPA; Public Act 451 of 1994, as amended);
• Part 35, Use of Water in Mining Low-Grade Iron Ore, of NREPA;
• Part 41, Sewerage Systems, of NREPA;
• Part 55, Air Pollution Control, of NREPA;
• Part 91, Soil Erosion and Sedimentation Control, of NREPA;
• Part 95, Watercraft Pollution Control, of NREPA;
• Part 115, Solid Waste Management, of NREPA;
• Part 117, Septage Waste Servicers, of NREPA;
• Part 121, Liquid Industrial By-Products, of NREPA;
• Part 301, Inland Lakes and Streams, of NREPA;
• Part 303, Wetlands Protection, of NREPA;
• Part 305, Natural Rivers, of NREPA;
• Part 309, Inland Lake Improvements, of NREPA;
• Part 323, Shorelands Protection and Management, of NREPA;
• Part 325, Great Lakes Submerged Lands, of NREPA;
• Part 339, Control of Certain State Lands, of NREPA;
• Part 351, Wilderness and Natural Areas, of NREPA;
• Part 353, Sand Dunes Protection and Management, of NREPA;
• Part 365, Endangered Species Protection, of NREPA;
• Part 615, Supervisor of Wells, of NREPA;
• Part 625, Mineral Wells, of NREPA;
• Part 631, Ferrous Mineral Mining, of NREPA;
• Part 637, Sand Dune Mining, of NREPA;
• Part 761, Aboriginal Records and Antiquities, of NREPA;
• Part 793, Harbors, Channels, and Other Navigational Facilities, of NREPA;
• Part 811, Off-Road Recreation Vehicles, of NREPA;
• Trailer Coach Parks Act, Public Act 243 of 1959, as amended;
• Land Division Act, Public Act 288 of 1967, as amended;
• Local Historic Districts Act, Public Act 169 of 1970, as amended;
• Condominium Act, Public Act 59 of 1978, as amended;
• Part 125, Campgrounds, Swimming Areas, and Swimmers’ Itch, of the Public Health Code, Public Act 368 of 1978, as amended;
• Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended. 

Program Changes

When Michigan laws or administrative rules are updated, the MCMP must submit those changes to NOAA for review and approval under 15 C.F.R. 923.84.

Once approved and publicly noticed, the updated policies become part of Michigan’s enforceable coastal management framework.

Federal agencies, state and local governments, organizations, and the public all have the opportunity to review and comment on proposed program changes before they are finalized.