Coastal Consistency Review for Projects with Federal Funding

Any New York State or local government agency that applies for federal financial assistance (e.g., grants, loans, subsidies, guarantees, insurance, etc.) for activities that occur within the State’s coastal zone or would affect the land and water uses and natural resources of the State’s coastal zone should submit application materials to be reviewed by the Department of State (DOS) for consistency with the New York State Coastal Management Program (CMP).

To determine if the activity proposed for funding would take place in or near the Coastal Area, follow the link to the Coastal Atlas on the Geographic Information Gateway and enter the project address or location in the box.  See “Using the Coastal Atlas on the GIS Gateway.”

coastal atlas

Financial assistance subject to review includes, but is not limited to, the planning, design and construction of new structures and facilities, alteration or demolition of existing structures and facilities, and the development of land and water use and resource management plans.   

Applicable funding sources may be found in Part III of Table 3 in the CMP beginning on page 17 of Section 9 of Part ii. They include federal programs administered by the Department of Agriculture, Department of Commerce, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, General Services Administration, Community Services Administration, Small Business Administration, and Environmental Protection Agency.   

The State or local government agency must submit the following to DOS:  

• Copy of the federal financial assistance application.  
• Detailed written description of the proposed activity.   
• Written evaluation on the relationship of the proposed activity and its reasonably foreseeable coastal effects to the applicable CMP policies.  
• Copy of all supporting documentation submitted with the federal application, including map(s) showing the geographic location of the proposed activity, and site map(s) and diagram(s) drawn to scale showing all components of the proposed activity and their location on the site.   
• Copy of the final EIS, if required by the federal agency or by the state or local agency having jurisdiction over the proposed activity.   
• Copies of state permit applications, if required; and related correspondence submitted to the involved state agencies.  

DOS will review the information provided by the state or local agency seeking financial assistance and render a consistency decision on most minor financial assistance activities within forty-five days, however review may take up to 135 days depending on the project’s complexity. Once a decision has been made regarding the consistency of the proposed activity, DOS will notify the applicant and the federal agency. If an activity is found by DOS to be inconsistent with New York’s CMP the federal agency may not authorize the use of federal funds to assist that activity.