Federal Consistency Review

The federal Coastal Zone Management Act (CZMA) establishes a federal-state partnership and the related legal framework regarding management of the nation's coastal resources. The CZMA grants Maine and other coastal states that have an approved coastal management program the authority to review federal activities, federal license or permit activities, and federally funded activities to ensure that federal actions that may affect its coastal area meet the "enforceable policies" of the State's coastal program. The process by which a state decides whether a federal action meets its enforceable policies is called federal consistency review.

The Department of Marine Resources coordinates and provides a point of contact for federal consistency review in Maine. The Maine Guide to Federal Consistency Review lists the enforceable policies of Maine's Coastal Program and outlines the State's federal consistency review process. In Maine, standards and criteria of state environmental permitting and licensing laws and regulations serve as the enforceable policies of the Maine Coastal Program. Accordingly, the Maine Department of Environmental Protection and other state agencies in Maine's networked coastal program review and make findings that serve as the basis for the state's consistency decision in much the same way that they evaluate license and permit applications under the state environmental laws and regulations.

Rules issued by the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management (OCRM) - 15 CFR Part 930 - govern the deadlines and other procedural aspects of the federal consistency review process.

CZMA Consistency Submissions – E-mail Filing Only

June 16, 2023- Effective immediately, all CZMA consistency-related documents filed with or inquiries about federal consistency to the DMR/Coastal Program must be submitted by e-mail. Such documents or request should be sent to dmrcoastalprogram_fc@maine.gov.  If you are unable to submit such documents by e-mail and wish to discuss an alternative, you may contact Erin.Wilson@maine.gov.

MCP strongly suggests that applicants for a federal consistency determination or certification use the optional Maine Federal Consistency Submission Form for activities regulated under the CZMA to facilitate timely review of submissions.

Program Changes

Requests are periodically made to NOAA for routine program changes to the enforceable policies and other program administration-related elements of the Maine Coastal Program. Requests often include changes to core statues enacted during the most recently concluded legislative session. Copies of NOAA's decisions on these routine program change requests may be downloaded here.

Most recent NOAA decision letter:

Past NOAA decision letters:

If you have questions or need additional information, please contact Kathleen Leyden, Director, DMR/Coastal Program at kathleen.leyden@maine.gov


Last updated on September 1, 2020