Coastal Areas Protection Q&A

Information by State  Print version

Answer:
The linked training module has detailed guidance.

Question:
When must the environmental review give special consideration to the protection and management of coastal areas?

Answer:
HUD assisted activities are subject to the requirements of Coastal Barrier Resources Act and Coastal Zone Management Act. The environmental review must give special consideration to the protection and management of coastal areas if the HUD-assisted project is located:

1. within a coastal barrier designated on a current FEMA flood map or Department of Interior coastal barrier resources map, or
2. within a coastal zone management (CZM) area designated by the State CZM agency.

The Coastal Barrier Resources Act, as amended, (16 U.S.C. 3501 et seq.) prohibits using Federal financial assistance for properties if the properties are located within designated coastal barriers of the Atlantic Ocean, Gulf of Mexico, or the Great Lakes. For HUD policy, see 24 CFR 58.6(c) or 24 CFR 50.4(c)(1).

The Coastal Zone Management (CZM) Act of 1972 (16 U.S.C. 1451 et seq.) only applies to HUD assisted activities proposing new construction, conversion of land use, major rehabilitation of existing structures (including substantial improvement), or the acquisition of undeveloped land. Projects that can affect the coastal zone must be carried out in a manner consistent with the State coastal zone management program under Section 307(c) and (d) of the Act, as amended. For HUD policy, see 24 CFR 58.5(c) or 24 CFR 50.4(c)(2).

Question:
How do I determine whether a project:

1. is located within designated Coastal Barrier Resources; and
2. is consistent with the State's Coastal Zone Management (CZM) Program?

Answer:
Information is available from the State and local government agency responsible for implementing the coastal zone protection and management.

Coastal barrier resources are designated on maps issued by the Fish and Wildlife Service of the Department of Interior. This information is also provided on the flood insurance rate maps issued by the Federal Emergency Management Agency.

The National Oceanic and Atmospheric Administration, Department of Commerce, administers the CZM program in cooperation with the covered State CZM agency. For general information on any State's coastal zone management program consult the website.