Coastal zone: how far it reaches and when you need certification

The federal Coastal Zone Management Act of 1972 (CZMA, PL 92-583) gives US states and territories the opportunity to manage their coastal resources through local programmes regulated by the National Oceanic and Atmospheric Administration (NOAA). States that opt in must prepare a document for NOAA to review and approve. In Puerto Rico that document, the PMZCPR, was prepared jointly by the Department of Natural and Environmental Resources and the Junta de Planificación, and took effect on 12 July 1978. From that date, federal activities affecting the coastal zone or its resources must be carried out in a manner consistent to the maximum extent practicable with the PMZCPR’s public policies. Section 307 of the CZMA establishes that any action, activity or project carried out, funded or authorized by the Federal Government within the coastal zone, or that may affect coastal resources, must be carried out consistently to the maximum extent practicable with those policies. The review process is set by NOAA in 15 CFR Part 930, and in Puerto Rico the Junta de Planificación is the state agency designated to review such actions and issue the corresponding certification. Administration of the PMZCPR, by contrast, rests with the DRNA’s Coastal Zone Management and Climate Change Office.

Under 15 CFR Part 930, four categories are subject to the Federal Consistency Certification requirement. First, federal activities (Subpart C): projects or activities carried out directly by a federal agency, including flood control works, dredging, coastal infrastructure, the issuance or amendment of federal regulations, and any other action that may affect land use, waters or natural resources of the coastal zone; U.S. Army Corps of Engineers projects are the typical example. Second, issuance of federal licences or permits (Subpart D): when a natural person, private entity, or state or municipal agency applies for a federal licence or permit for an activity affecting the coastal zone, such as Corps of Engineers permits or EPA discharge permits. Third, exploration, development and production activities on the outer continental shelf (Subpart E). And fourth, granting of federal funds or assistance (Subpart F): projects financed wholly or partly with federal funds, including grants, loans or technical assistance, that may affect the coastal zone or its resources. Bound by this, therefore, are any federal agency, any individual or private entity or state or municipal agency needing a federal permit, and any agency, municipality or institution carrying out a federally funded project within the coastal zone or with the potential to affect its resources.

• That the action takes place within the coastal zone, or may affect its resources, land uses or water bodies.Verified against the official source
• That the action is carried out, funded or authorized by the Federal Government, under Subparts C, D, E or F of 15 CFR Part 930.Verified against the official source

• The Junta de Planificación’s Form JP-833, for anything other than a Corps of Engineers permit.
• The required supporting documents, sent together with the form.

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   Step 1: First: measure properly where it starts and ends

   Puerto Rico’s coastal zone boundary covers a land strip up to 1,000 metres inland from the shoreline, and may extend beyond that distance where needed to protect natural, ecological or hydrological systems or important coastal resources. It also includes the territorial waters and the seabed and subsoil out to 9 nautical miles offshore — three marine leagues, roughly 10.35 land miles. And in their entirety, the islands of Vieques, Culebra, Mona, Monito, Desecheo and the other cays and islets located within territorial waters. A kilometre from the beach is not "far from the coast" for these purposes.

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   Step 2: Second: ask whether anything federal is involved

   The requirement is triggered by the federal element, not the private one. It applies if the activity is carried out directly by a federal agency; if you need a federal licence or permit, such as those from the Army Corps of Engineers or an EPA NPDES discharge permit; if it involves exploration, development or production on the outer continental shelf; or if the project is financed wholly or partly with federal funds, including grants, loans or technical assistance. A purely private project with no federal permit or funds does not trigger this certification, though it may have other requirements.

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   Step 3: If you need a Corps of Engineers permit, file through RSS

   The Regulatory Request System (RSS) applies only to projects or activities requiring a U.S. Army Corps of Engineers (USACE) permit. And here is the advantage many people do not know about: the USACE, the Department of Natural and Environmental Resources and the Junta de Planificación set up an agreement under which RSS works in Puerto Rico as a joint filing system, so that with a single filing you simultaneously request the USACE Federal Permit for projects impacting the waters of the United States, the Junta de Planificación’s Federal Consistency Certification with the PMZCPR, the DRNA’s Water Quality Certificate and the DRNA’s Submerged Lands Use Concession. The system is at https://rrs.usace.army.mil/rss.

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   Step 4: For everything else, Form JP-833

   Form JP-833 is used for three types of filing. Projects requiring permits from federal agencies other than the Corps of Engineers, for example the NPDES discharge permits issued by the EPA. Applications for federal assistance — federal funds — to finance projects and activities impacting the coastal zone. And federal projects and activities as defined in Subpart C of 15 CFR Part 930. The form is filed by sending it together with the required documents by email to comentariosjp@jp.pr.gov.

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   Step 5: Be clear on who is who

   This is the most common confusion in this process. The Junta de Planificación is the state agency designated to review federal actions and issue the Federal Consistency Certification. The PMZCPR itself — the coastal zone management programme — is administered by the Coastal Zone Management and Climate Change Office of the Department of Natural and Environmental Resources, which publishes its information at drna.pr.gov/pmzc. And the federal framework is regulated by NOAA through 15 CFR Part 930. If someone sends you to "the coastal zone agency", ask which of the three.

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   Step 6: Expect public notices

   The Junta publishes coastal consistency cases with a case number and a public notice, along with the file documents: the federal agency’s consistency determination, environmental assessments, wetland mitigation appendices, Section 106 consultations and Endangered Species Act Section 7 consultations, and the list of agencies contacted. If your project enters the process, it will become public with its case number, and if you want to follow someone else’s case, that is where to look.

Form JP-833: sent with the required documents to comentariosjp@jp.pr.gov. Corps of Engineers RSS system: https://rrs.usace.army.mil/rss. Junta de Planificación Office of Geology and Hydrogeology, phone 787-723-6200: Luis E. Lamboy Torres, Director, extension 16018, lamboy_le@jp.pr.gov; Rose A. Ortiz Díaz, Senior Territorial Planning Analyst, extension 16012, ortiz_r@jp.pr.gov; Maryguel Fuentes Lacén, Senior Territorial Planning Analyst, extension 16017, fuentes_m@jp.pr.gov. The Junta is at Centro Gubernamental Roberto Sánchez Vilella (Minillas), North Tower, Ave. De Diego, Stop 22, Santurce, PR 00912. The PMZCPR is administered by DRNA at drna.pr.gov/pmzc.

• Believing the coastal zone is only the shoreline: it reaches 1,000 metres inland and can extend further.
• Forgetting that Vieques, Culebra, Mona, Monito, Desecheo and the cays are included in their entirety.
• Filing through RSS without needing a Corps of Engineers permit.
• Filing Form JP-833 when the project does need a Corps permit and could have gone through joint filing.
• Not taking advantage of RSS requesting at once the USACE permit, the Junta’s consistency, the water quality certificate and DRNA’s submerged lands concession.
• Thinking it only applies to permits: federally funded projects are subject too.
• Writing to the Junta about administering the PMZCPR, which belongs to DRNA.

These are the government pages this guide is based on.

• Junta de Planificación de Puerto Rico (JP)

  Junta de Planificación

  www.jp.pr.gov

• DRNA — Coastal Zone Management Program

  drna

  www.drna.pr.gov