Consistency Review

Purposes and Goals of Consistency Review

The Department of State, as the agency responsible for administering the New York State Coastal Management Program (NYS CMP), is committed to balancing competing land and water uses in the coastal zone. The “consistency” of a proposed activity with the NYS CMP is determined through a set of coastal policies and procedures designed to enable appropriate economic development while advancing the protection and preservation of ecological, cultural, historic, recreational, and esthetic values across federal, state, and local levels of government. More information about the NYS CMP is available within the NYS CMP and Final Environmental Impact Statement. (pdf)

Regulatory Context

Federal Consistency State Consistency Local Consistency
(for municipal decision-making only)
The federal Coastal Zone Management Act (CZMA) and the federal consistency regulations found at 15 CFR part 930 require that each Federal agency activity (including federal direct actions, authorization, or funding) that would have an affect on any coastal use or resource must be consistent with the enforceable policies of the approved State coastal management program.  Click here for more detailed information.

 

In New York State, the Waterfront Revitalization of Coastal Areas and Inland Waterways Act – Article 42 of the New York State Executive Law – includes provisions to assure consistency of State actions with the enforceable policies of the CMP.   Click here for more detailed information.
An agency of any coastal municipality may be subject to State and federal consistency procedures if they require State or federal approval or are using State or federal funds for proposed activities.  At the local government level, cities, towns, or villages with adopted Local Waterfront Revitalization Programs (LWRP) enact local consistency provisions.  Click here for a list of federally approved LWRPs.

Questions regarding consistency review may be directed to cr@dos.ny.gov