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Federal Consistency

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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.

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 §30.35, §30.32 and §30.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site.

Visit the Public Notices Page

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 “consistent to the maximum extent practicable".

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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

Rules & Statutory Authority

COASTAL COORDINATION ACT, TEX. NAT. RES. CODE 33.201 ET SEQ.

Other Federal Consistency Materials

Links

Consistency Forms & Checklists

Detailed Federal Consistency Statement for federal agency actions, federal agency activities and development projects, and negative certifications

Detailed form for applicants seeking a consistency certification review, federal agency’s or third-party contractor’s providing a consistency determination or negative determination.  This document is not required for a federal agency consistency determination or negative determination but does provide by way of example the types of information that is required for a consistency review.  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

Contact Us

If you have a question about the Coastal program, find the right contact in our GLO Agency Directory.

GLO AGENCY DIRECTORY