Federal Consistency

The Coastal Zone Management Act (CZMA) of 1972 established the federal Coastal Zone Management (CZM) Program, a unique federal-state partnership that provides a basis for protecting, restoring, and responsibly developing the nation’s coastal communities and natural resources. Membership in the federal CZM Program allows a state to participate in the federal consistency review process and have greater influence over federal actions occurring in the state’s coastal area. Federal consistency under the CZMA requires the federal government to comply with a state’s federally approved CMP when taking actions that are likely to affect coastal resources.

In 1997, the Texas Coastal Management Program (CMP), administered by the Texas General Land Office (GLO), became a federally approved member of the CZM Program. The Texas CMP is a “networked program” that links together the existing regulations, programs, and local, state, and federal entities that manage various aspects of coastal resource uses. Upon certification of the Texas CMP, the GLO can conduct federal consistency reviews of federal agency actions that require a license or permit activity, federal agency activities and development projects, and federal financial assistance requests. Texas’s federal consistency review authority specifically grants Texas authority to concur, or object based on an analysis of how consistent the proposed federal action is with the Texas CMP’s goals and enforceable policies.

Federal Consistency Guidance

The GLO’s goal is to use the federal consistency processes to provide open communication and coordination with federal agencies and applicants and provide the public with an opportunity to participate in the process.
The Texas CMP Federal Consistency Guidance is a one-stop training and guidance document intended for federal entities that conduct consistency reviews. This document is meant to facilitate understanding of the GLO’s federal consistency review requirements and associated processes and is based on the 1996 Texas CMP Final Environmental Impact Statement (FEIS). This document includes detailed information regarding coastal natural resource areas (CNRAs), CMP goals and enforceable policies, federal consistency review processes, and permitting assistance provided by the GLO.

Federal Consistency Guidance Manual
This document reflects the new federal consistency procedures in 31 Texas Administrative Code (TAC) Chapter 30 that became effective on July 10, 2023.

Submit a Consistency Certification or Determination

A federal agency is required to provide a state with a consistency determination (CD) for federal agency activities affecting coastal uses or resources. A non-federal applicant for a federal license or permit activity is required to provide a state with a consistency certification (CC) if the state has identified the federal license or permit on a list of activities subject to federal consistency review in its federally approved coastal management program. Federally permitted projects(CCs)must be "consistent" with the CMP, whereas federal agency activities(CDs)must be"consistentto the maximum extent practicable".

Click Here to Submit

---

Legal and Regulatory Authority

CZMA Statute (.pdf) - Act of Congress passed in 1972 to encourage coastal states to develop and implement coastal zone management plans.   

National Federal Consistency Regulations

Texas Coastal Coordination Act

Texas CMP Goals & Enforceable Policies

• CMP FEIS (.pdf) - Texas Coastal Management Program Final Environmental Impact Statement.   
• Texas CMP Goals (.pdf) - Texas Coastal Management Program goals guide the interpretation and long-term implementation of the CMP.
• Texas CMP Enforceable Policies (.pdf) - Texas Coastal Management Program Enforceable Policies are uniform, established, enforceable policies used by networked agencies to guide government decision-making that may affect Coastal Natural Resource Areas.

Texas’s Listed Federal Actions Subject to the Coastal Zone Management Act

• Federal Actions subject to TX CMP (.pdf) - Federal Actions subject to TX CMP pdf - Federal actions that are subject to Texas Coastal Management Program review.

Rules & Statutory Authority

• 15 CFR Part 923 (.pdf)  - Coastal Zone Management Program Regulations
• 15 CFR Part 930 (.pdf) - Federal Consistency with Approved Coastal Management Programs.

Coastal Coordination Act, Tex. Nat. Res. Code 33.201 et seq.

• 31 TAC Chapter 26  - Coastal Management Program.
• 31 TAC Chapter 27  - Coastal Management Program Boundary.
• 31 TAC Chapter 28  - Permitting Assistance and Preliminary Consistency Review.
• 31 TAC Chapter 29  - Procedures for State Consistency with Coastal Management Program Goals and Policies.
• 31 TAC Chapter 30  - Procedures for Federal Consistency with Coastal Management Program Goals and Policies.

Other Federal Consistency Materials  

• NOAA’s Federal Consistency Overview (.pdf)
• CZMA Federal Consistency Overview.ppt  (pending)- General overview of Coastal Zone Management Act Federal Consistency developed by NOAA.
• Coastal Zone Boundary Map
  • Coastal Boundary Map (.pdf) - Map depicting the coastal zone boundary.
  • CZB.kmz - KMZ file for the coastal zone boundary.

Links

• NOAA website for federal actions subject to CZMA Review - https://coast.noaa.gov/czm/consistency/

Consistency Forms & Checklists

• Consistency Certification Checklist (.pdf) - checklist of information required in a consistency certification review request.
• Consistency Determination Checklist (.pdf) - checklist of information required in a consistency determination review request.
• CMP Consistency Statement (.pdf) - GLO will use the information contained in the form to complete the consistency review.

GLO Federal Consistency Contact

Leslie Koza
Federal Consistency Coordinator
Federal.Consistency@glo.texas.gov

---

Federal Consistency FAQs

What are the four types of federal actions?

1. Federal agency activities and development projects, CZMA §307(c)(1), (2) and 15 CFR Part 930, Subpart C
2. Federal license or permit activities (non-federal applicants) CZMA §307(c)(3)(A), 15 CFR Part 930, Subpart D
3. Outer Continental Shelf Plans, CZMA §307(c)(3)(B), 15 CFR Part 930, Subpart E
4. Federal financial assistance to state and local governments, or any related public entity such as a special purpose district CZMA §307(d), 15 CFR Part 930, Subpart F

What is the difference between a consistency certification and consistency determination?
Consistency determinations (CD’s) are submitted by federal agencies or third-party contractors for activities and development projects. In contrast, consistency certifications (CC’s) are used when a federal license or permit activity is required for the project to be approved and is submitted by a non-federal applicant.

What is the difference between a consistency determination and a negative determination?
Consistency determination is submitted when a federal agency activity affects the coastal zone. It is a project description and analysis of the activity's coastal zone effects based on the policies in 31 TAC Chapter 26. A negative determination is a project description and an explanation of why a federal agency has concluded that an activity does not affect the coastal zone.

How can I tell whether my project is located within the Texas Coastal Zone?
See Coastal Zone Boundary Map under OTHER FEDERAL CONSISTENCY MATERIALS.

Do I need to analyze all the enforceable policies in Chapter 26 in a consistency certification or determination?
All applicable enforceable polices should be reviewed and analyzed to ensure compliance with CMP goals and enforceable policies. The CMP enforceable policies are in 31 TAC Chapter 26.

Is there a standard application form for a consistency determination, negative determination, or consistency certification?
There is not a standard application form for a consistency determination, negative determination, or a consistency certification. Any format is acceptable, as long as the information requirements are met. All application forms must be signed to considered administratively complete by GLO.

How does GLO determine if a federal action or federal activity is consistent?
The GLO will analyze the federal license or permit activity or federal agency activity to determine whether it is consistent with the goals and enforceable policies in the Texas Coastal Management Program. The proposed action or activity must demonstrate consistency and explain

Where is GLO granted the legal authority to conduct federal consistency reviews?
The GLO’s federal consistency review authority stems from the CZMA of 1972, which Congress passed to address competing uses and resource impacts occurring in the nation’s coastal areas. The Act specifically grants federally approved coastal management programs the authority to conduct federal consistency reviews when a federal activity or action is proposed in Texas’s coastal zone. This authority allows GLO to concur or object to proposed federal agency actions requiring a license or permit, federal activities or development projects, OCS plans, or federal assistance based on an analysis of how consistent the proposed activity or action is with the Texas CMP.

Public Notices

As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC 506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site.

VISIT THE PUBLIC NOTICES PAGE