§1452 — Title 16 Conservation | U.S. Code

Summary

Sets a national goal to protect, restore, and wisely use the country’s coastal areas now and for future generations. It asks states to make and carry out coastal management programs that balance nature, culture, history, beauty, and reasonable economic growth. Those programs must cover 11 main areas, including protection of wetlands, beaches, reefs, and wildlife; controlling development in flood, storm, erosion, and areas at risk from sea level rise or land sinking; improving coastal water quality; giving priority to coastal uses and careful siting of big facilities (defense, energy, fisheries, ports, recreation); keeping public access to coasts; helping rebuild urban waterfronts and protect historic coastal features; speeding and coordinating government decisions; consulting federal agencies; allowing public and local participation; planning for living marine resources and pollution or aquaculture sites; and studying plans for subsidence and sea level rise when needed. The policy also promotes special area plans for tricky places, cooperation among public, state, local, regional, and federal groups, sharing research and information, and urging states to consider new ocean uses that affect the coast.

Title 16, §1452

Conservation — Source: USLM XML via OLRC

The Congress finds and declares that it is the national policy—

(1)to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and succeeding generations;

(2)to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development, which programs should at least provide for—

(A)the protection of natural resources, including wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone,

(B)the management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands.11 So in original. The period probably should be a comma.

(C)the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,

(D)priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable, of new commercial and industrial developments in or adjacent to areas where such development already exists,

(E)public access to the coasts for recreation purposes,

(F)assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features,

(G)the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources,

(H)continued consultation and coordination with, and the giving of adequate consideration to the views of, affected Federal agencies,

(I)the giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management decisionmaking,

(J)assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agencies and State and wildlife agencies, and

(K)the study and development, in any case in which the Secretary considers it to be appropriate, of plans for addressing the adverse effects upon the coastal zone of land subsidence and of sea level rise; and

(3)to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved predictability in governmental decisionmaking;

(4)to encourage the participation and cooperation of the public, state and local governments, and interstate and other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the purposes of this chapter;

(5)to encourage coordination and cooperation with and among the appropriate Federal, State, and local agencies, and international organizations where appropriate, in collection, analysis, synthesis, and dissemination of coastal management information, research results, and technical assistance, to support State and Federal regulation of land use practices affecting the coastal and ocean resources of the United States; and

(6)to respond to changing circumstances affecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses potentially affecting the coastal zone.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Par. (2). Pub. L. 102–587 made technical amendment to directory language of Pub. L. 101–508, § 6203(b)(1). See 1990 Amendment note below. 1990—Par. (2). Pub. L. 101–508, § 6203(b)(1), as amended by Pub. L. 102–587, substituted “as well as the needs for compatible” for “as well as to needs for”. Par. (2)(B). Pub. L. 101–508, § 6203(b)(2), substituted “likely to be affected by or vulnerable to sea level rise, land subsidence,” for “of subsidence”. Par. (2)(C) to (J). Pub. L. 101–508, § 6203(b)(3), redesignated subpars. (C) to (I) as (D) to (J), respectively, and added subpar. (C). Par. (2)(K). Pub. L. 101–508, § 6203(b)(4), added subpar. (K). Par. (3). Pub. L. 101–508, § 6203(b)(5), inserted “including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes,” after “hazardous areas,”. Pars. (5), (6). Pub. L. 101–508, § 6203(b)(6), added pars. (5) and (6). 1980—Pub. L. 96–464, in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal resources and inserted provisions for special area management planning to increase predictability for necessary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in government decisionmaking.

§1452 Congressional Declaration of Policy

Summary

Title 16, §1452

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata