Version of 2/22/07



11/15/07 - DSB

4.4.6 Coastal Resources

• Subsections:

This section shall contain the following subsections:

State Coastal Zone Management Program

State Coastal Erosion Hazard Area

Waterfront Revitalization and Coastal Resources Program

Federal Coastal Barrier Resources Act and Coastal Barrier Improvement Act

• Regulatory Framework and Guidance:

19 NYCRR 600.5

19 NYCRR 600.4(c)

6 NYCRR 617.9(b)(5)(vi)

Coastal Management Plan - Policy 7

ECL Article 34 - NYSDEC Coastal Erosion Permit

6 NYCRR Part 505, Coastal Erosion Management Regulations

6 NYCRR 600.4(c) - Local Waterfront Revitalization Program

Waterfront Revitalization and Coastal Resources Act

Coastal Zone Management Act

Federal Coastal Barrier Resources Act (CBRA)

Federal Coastal Barrier Improvement Act (CBIA)

Federal Coastal Consistency Certification

• Interagency Coordination:

Document any consultation or coordination with outside agencies (meetings, site visits, major submissions and correspondence, permit, needs, consultation, etc.).

NYSDOS - approval of Coastal Assessment Form

NYSDEC - approval of Article 34 Coastal Erosion permit

NYSDEC - review of coastal fish/wildlife habitat

Local Officials - review for consistency with local waterfront programs

EPA - review of projects within Federal Coastal Zone Management Areas

USFWS - review of coastal fish/wildlife habitat

FEMA - review of projects within Federal Coastal Barrier System

NOAA - review of projects within Federal Coastal Zone Management Areas

OCZM (Office of Coastal Zone Mgmt.) - review of projects within Federal Coastal Zone Management Areas

• Cross-reference:

4.4.9 General Ecology and Wildlife/Habitat Areas

4.6 Construction Effects

4.7 Indirect (Secondary) Effects

4.8 Cumulative Effects

• FHWA guidance from Technical Advisory T6640.8A

The Coastal Barrier Resources Act (CBRA) establishes certain coastal areas to be protected by prohibiting the expenditure of Federal funds for new and expanded facilities within designated coastal barrier units. When a proposed project impacts a coastal barrier unit, the draft EIS should include a map showing the relationship of each alternative to the unit(s); identify direct and indirect impacts to the unit(s), quantifying and describing the impacts as appropriate; discuss the results of early coordination with FWS, identifying any issues raised and how they were addressed, and; identify any alternative which (if selected) would require an exception under the Act. Any issues identified or exceptions required for the preferred alternative should be resolved prior to its selection. This resolution should be documented in the final EIS.

Where the proposed action is within, or is likely to affect land or water uses within the area covered by, a State Coastal Zone Management Program (CZMP) approved by the Department of Commerce, the draft EIS should briefly describe the portion of the affected CZMP plan, identify the potential impacts, and include evidence of coordination with the State Coastal Zone Management agency or appropriate local agency. The final EIS should include the State Coastal Zone Management agency's determination on consistency with the State CZMP plan. (In some States, an agency will make a consistency determination only after the final EIS is approved, but will provide a preliminary indication before the final EIS that the project is "not inconsistent" or "appears to be consistent" with the plan. For direct Federal actions, the final EIS should include the lead agency's consistency determination and agreement by the State CZM agency.)

If the preferred alternative is inconsistent with the State's approved CZMP, it can be Federally funded only if the Secretary of Commerce makes a finding that the proposed action is consistent with the purpose or objectives of the CZM Act or is necessary in the interest of national security. To the fullest extent possible, such a finding needs to be included in the final EIS. If the finding is denied, the action is not eligible for Federal funding unless modified in such a manner to remove the inconsistency finding. The final EIS should document such results.

State Coastal Zone Management Program

• Topics may include, but are not limited to the following:

State Coastal Zone Management Area

Significant coastal fish and wildlife habitat

Coastal zone consistency review

NYSDOS 44 coastal zone policies

State Coastal Assessment Form (CAF)

Federal Coastal Assessment Form (FCAF)

Federal Aid Notification letter (FAN)

Coastal Consistency Certification

Required statement - Consist with applicable NYSDOS policies…..

NYSDOS review and approval

Effects (impacts) assessment

Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)

• To determine if the project is within a State Coastal Zone Management area, refer to the NYS Coastal Atlas on the DOS Division of Coastal Services web site:

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[Use for projects that are NOT within a State CZM area]

The proposed project is not located in a State Coastal Zone Management (CZM) area, according to the Coastal Zone Area Map from the NYS Department of State’s Coastal Zone Management Unit.

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[Use for projects that are within a State CZM area, using NO federal-aid funding or federal permits other than a Nationwide]

The proposed project is located in a State Coastal Zone Management Area, identify area name. However, the project is a SEQR Type II and is 100% State funded, requires no Federal Permits (excluding Nationwide Permits) and is, therefore, exempt from the consistency requirements of the State Coastal Zone Management Program.

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[Use for projects that are within a State CZM area and classified as a SEQR Non-Type II action]

• A consistency determination stating that the project’s actions are consistent with applicable State coastal policies in 19 NYCRR Part 600.5 must be provided to the DOS, as per requirements of 6 NYCRR 617.9(b)(5)(vi). If the project involves federal permits, actions, approvals, or funds, a Federal Consistency Assessment Form (FCAF) must be completed. If the project only involves a state action under a state agency, a Coastal Assessment Form (CAF) must be completed. Discuss coordination with the DOS. If the project involves federal funding, a copy of the application or notification for federal assistance (Federal Aid Notification- FAN) must be submitted to the DOS.

• To determine if the project is within a Local Waterfront Revitalization Program area, refer to the “List of Approved Coastal Local Waterfront Revitalization Programs (LWRPs),” on the NYS DOS Division of Coastal Services web site:

The proposed project is a SEQR Non-Type II action and within a State Coastal Zone Management area. The project limits are within 300 meters (1,000 feet) of the shores of Lake Erie. Lake Erie and its adjacent jurisdictional lands are governed by New York State’s Coastal Zone Management regulations, administered by the NYS Department of State (DOS). Additionally, the Town of Hamburg has an approved Local Waterfront Revitalization Program (LWRP). Coordination with the Town of Hamburg will be required, including a notification that the project will occur within the boundaries of its LWRP, and requesting the municipality’s coastal consistency determination. Additionally, a State Consistency Review will be required. This review includes completion of the State Coastal Assessment Form (CAF) and Federal Consistency Assessment Form (FCAF) and submission to NYSDOS.

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[Use for projects that are within a State CZM area, using NO federal-aid funding or needing federal permits other than a Nationwide]

This SEQR Type II OR SEQR Non-Type II project is located in a State Coastal Zone Management area, identify area name. However, the project is not federally funded, nor does it require any federal permits (other than a Nationwide Permit). A Federal Consistency Assessment does not need to be completed.

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[Use for projects that are within a State CZM area, using federal-aid funding, but NOT needing any federal permits other than a Nationwide]

This SEQR Type II OR SEQR Non-Type II project is located in a State Coastal Zone Management area, identify area name, and is federally funded, but does not require any federal permits (other than a Nationwide Permit). A Federal Aid Notification will be completed and sent to NYSDOS.

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[Use for projects within a State CZM area, using federal-aid and needing a federal permit other than a Nationwide]

This SEQR Type II OR SEQR Non-Type II project is located in a State Coastal Zone Management area (identify area name), is federally funded and requires a federal permit (other than a Nationwide Permit). A Federal Coastal Consistency Assessment Form will be completed and sent to NYSDOS.

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[Use for projects that are NOT within a Significant Coastal Fish and Wildlife Habitat]

• To determine if the project is within a SCFWH, refer to the SCFWH list and NYS Coastal Atlas on the DOS Division of Coastal Services web site:

The project is not located in a Significant Coastal Fish and Wildlife Habitat, as defined by the NYSDOS Division of Coastal Resources and Waterfront Revitalization. No further action is required.

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[Use for projects that are within a Significant Coastal Fish and Wildlife Habitat, but have no significant effects on the habitat]

• To determine if the project is within a SCFWH, refer to the SCFWH list and NYS Coastal Atlas on the DOS Division of Coastal Services web site:

• To determine if the project has a significant effect on a SCFWH, refer to the NYS Coastal Policies (policy 7) on the DOS Division of Coastal Services web site:



--- River is defined by the NYSDOS Division of Coastal Resources and Waterfront Revitalization as a Significant Coastal Fish and Wildlife Habitat. Policy 7 of New York’s Coastal Management Program provides guidance regarding the potential for impact to this habitat. The proposed project activities do not destroy or significantly impair the viability of this area as a habitat. The project is consistent with, and will be progressed pursuant to, Policy 7. No further action is required.

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State Coastal Erosion Hazard Area

• Topics may include, but are not limited to:

Effects (impacts) assessment

Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)

Permit needs

• NYSDEC has designated the following coastal areas that are to be protected and preserved:

Lake Erie and the Niagara River

Lake Ontario and St. Lawrence River

Atlantic Ocean and Long Island Sound

Hudson River south of the federal dam in Troy

East River

Harlem River

Kill van Kull and Arthur Kill

All connecting water bodies, bays, harbors, shallows, and wetlands

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[Use for projects that are NOT within a State Coastal Erosion Hazard Area]

The proposed project is not located in or near a Coastal Erosion Hazard Area.

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[Use for projects that are within a State Coastal Erosion Hazard Area]

The proposed project is located in or near a Coastal Erosion Hazard Area, identify area. Pursuant to 6 NYCRR Part 505, the Department has considered all reasonable alternatives, and has determined that work in this area is necessary. During the design phase, the Department will identify and pursue measures to minimize adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources. A NYSDEC Coastal Erosion Control Permit will be required.

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Waterfront Revitalization and Coastal Resources Program

• Topics may include, but are not limited to the following:

Local Waterfront Revitalization Program

Local Coastal Consistency Determination

Consistency with regulations

• To determine if the project is within a Local Waterfront Revitalization Program area, refer to the “List of Approved Coastal Local Waterfront Revitalization Programs (LWRPs),” on the NYS DOS Division of Coastal Services web site:

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[Use for projects that are NOT within a Local Waterfront Revitalization Area]

According to NYS DOS “List of Approved Coastal Local Waterfront Revitalization Programs (LWRPs),” dated March 2007, the proposed project is not located in a Local Waterfront Revitalization Area. No further action is required.

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[Use for projects that are within a Local Waterfront Revitalization Area]

According to NYS DOS “List of Approved Coastal Local Waterfront Revitalization Programs (LWRPs),” dated March 2007, the proposed project is located in a Local Waterfront Revitalization Area. Municipality name has an approved Local Waterfront Revitalization Program (LWRP). Coordination with the municipality name will be required, including a notification that the project will occur within the boundaries of its LWRP, and requesting the municipality’s coastal consistency determination.

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[Use for projects that are within a pending Local Waterfront Revitalization Area]

The proposed project is located within the boundaries of a pending Local Waterfront Revitalization Program (LWRP) area, which is being developed by municipality name, but has not yet been approved. The municipality will be consulted throughout the design phase to ensure consistency with their proposed program.

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[Use for projects that are within an approved LWRP area and will have substantial effects]

• 19 NYCRR 600.4(c) states that …if the action will substantially hinder the achievement of any policy or purpose of the applicable approved local Waterfront Revitalization Program, the State agency shall instead certify that the following three requirements are satisfied:

(1) no reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or purpose;

(2) the action taken will minimize all adverse effects on the local policy and purpose to the maximum extent practicable; and

(3) the action will result in an overriding regional or statewide public benefit.

The proposed project is located within the boundaries of an approved Local Waterfront Revitalization Program (LWRP) area, identify area name. The project will substantially hinder the achievement of one (or more) of the policies or purposes of the approved LWRP. Identify policies or purposes affected. Pursuant to 19 NYCRR 600.4(c), the Department has determined that there are no reasonable alternatives that would permit the action to be taken without hindering these LWRP purposes. During the design phase, the Department will identify and pursue any practicable ways to minimize adverse effects on the LWRP. While some impacts will be unavoidable, the action will result in an overriding regional OR statewide benefit.

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Federal Coastal Barrier Resources Act (CBRA) and Coastal Barrier Improvement Act (CBIA)

• Topics may include, but are not limited to the following:

Mapped CBRA/CBIA areas

Prohibited activities in mapped areas

Effects (impacts) assessment

Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)

Compliance with Act requirements

• The Coastal Barrier Resources Act (CBRA), Public Law 97-348 (96 Stat. 1653; 16 U.S.C. 3501 et seq.), enacted October 18, 1982, designated various undeveloped coastal barrier islands, depicted by specific maps, for inclusion in the Coastal Barrier Resources System. Areas so designated were made ineligible for direct or indirect Federal financial assistance that might support development, including flood insurance, except for emergency life-saving activities. Exceptions for certain activities, such as fish and wildlife research, are provided, and National Wildlife Refuges and other, otherwise protected areas are excluded from the System.

• The Coastal Barrier Improvement Act (CBIA) of 1990 reauthorized the Coastal Barrier Resources Act and expanded the John H. Chafee Coastal Barrier Resources System by adding new units in Puerto Rico, the U.S. Virgin Islands, the Great Lakes, and enlarging some previously designated units along the Atlantic and Gulf coasts. The CBIA also designated a new category of lands called “otherwise protected areas” (OPAs). OPAs are based on areas established under Federal, state, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. Most of the land within OPAs is publicly held for conservation or recreational purposes; however, OPAs can contain private land held for conservation purposes, as well as private properties not held for conservation that are inholdings. The only Federal spending prohibition within OPAs is Federal flood insurance.

• To determine if a project impacts a Coastal Barrier, refer to the John H. Chafee Coastal Barrier Resource System maps on the US Fish and Wildlife Service web site:

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[Use for projects that are NOT within a CBRA or CBIA coastal jurisdiction area]

The proposed project is not located in, or near a coastal area under the jurisdiction of the Coastal Barrier Resources Act (CBRA) or the Coastal Barrier Improvement Act (CBIA).

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