The process below applies to activities that are undertaken by, or on behalf of, federal agencies. Any federal agency proposing an activity is required to submit a consistency determination to the Department of State if the federal agency determines that coastal effects are reasonably foreseeable. A full description of the process is available in the New York State Coastal Management Program (CMP) and its implementing regulations.
The consistency determination made by the federal agency must contain the following:
- A statement indicating whether the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with enforceable policies of the New York State CMP;
- A description of the evaluation of the effects of the activity on the relevant enforceable policies of the New York State CMP;
- A detailed description of the activity and its associated facilities (including, as appropriate, maps, site plans, photos and the timing of the activity), and their coastal effects; and
- Comprehensive data and information sufficient to support the federal agency’s consistency determination.
A federal agency must submit its consistency determination to DOS at least ninety days prior to final agency action by the federal agency, unless an alternative schedule is agreed to by DOS and the federal agency. DOS will review the proposed activity and agency consistency determination and render its own decision regarding the consistency of the activity with the CMP. This review is independent of the National Environmental Policy Act (NEPA) requirements.
The Department of State’s must issue its decision within sixty days of receipt of a federal agency consistency determination. One fifteen day extension is provided for if requested within sixty days of receipt of the determination. The Department and federal agencies may agree to other time frames.
If a federal agency action is found by DOS to be inconsistent with New York’s CMP, the federal agency can only proceed if the federal agency provides to DOS in writing the reasons why the agency asserts the activity is consistent to the maximum extent practicable and other applicable provisions are followed as detailed by applicable laws and regulations.