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Federal Consistency

Federal Consistency

Federal Consistency is granted under 15 CFR Part 930 Section 307 of the Coastal Zone Management Act (CMZA) whereby states are given an important tool to manage coastal uses and resources.  Under CZMA federal agency activities that have coastal effects are consistent to the maximum extent practicable with federally approved state enforceable policies. 

Federal actions that have reasonable foreseeable effects on any coastal use or natural resource of the coastal zone include:

  • Federal actions
  • Federal license or permit
  • Federal financial assistance

Refer to: NOAA Office for Coastal Management https://coast.noaa.gov/czm/consistency/

List of Michigan’s Federal Actions:

  • 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)

List of MCMP state statutes and associated administrative rules:

  • 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.

For questions or to submit a federal consistency determination, contact Matt Smar at: 517-230-7849 or SmarM@Michigan.gov

Program Changes

As the statutes in this list and associated administrative rules are updated through legislative amendments and rule revisions, the MCMP is required to submit the effects on the enforceable policies to the NOAA for review and approval, pursuant to 15 C.F.R. 923.84. Once the program changes are approved by the NOAA and public noticed, the updated enforceable policies are used in Michigan’s federal consistency reviews.

Federal agencies, state agencies, local governments, other agencies, organizations, and the public have the opportunity to review and comment on proposed routine program changes submitted to the NOAA for approval and public noticed.

For more information or if questions, contact Ronda Wuycheck at 517-420-5921 or WuycheckR@Michigan.gov