CZARA of 1990: A Critical Time for Coastal Management

To appreciate the present, sometimes you need to reflect on the past and wonder “what if?” This is one of those times. In recognition of the 40th anniversary of the Coastal Zone Management Act and acknowledgment of the dedication of the program's practitioners, it is important to note that the successful implementation of the Nation's primary coastal law has depended, and will continue to depend, on its legitimacy and institutionalization in the political culture of the country. Today, the national coastal management program, while underfunded and, in recent years, subject to wavering political support, has nevertheless reached a certain level of stability to safeguard the country's coastal resources. It is fitting, therefore, in this special issue of Coastal Management to recall a time when the future of the CZMA was in serious doubt.     

Protecting Estuaries and Coastal Wetlands through State Coastal Zone Management Programs

This article, one part of the National Coastal Zone Management Effectiveness Study, evaluates the effectiveness of state coastal management programs in protecting estuaries and coastal wetlands. State programs were evaluated in a four-step, indicatorbased process to estimate (1) the relative importance of the issue; (2) the potential effectiveness of programs based on the policies, processes, and tools used; (3) outcome effectiveness based on on-the-ground indicators; and (4) overall performance, where outcome effectiveness was compared to issue importance and potential effectiveness. State evaluations were synthesized to provide a national perspective on CZM contributions and effectiveness in estuary and wetland protection. Although on-the-ground outcome data were sparse, they were sufficient to determine at least probable levels of effectiveness for about one-third of the states. Of these states, 80% were performing at expected or higher levels, considering how important the issue was in their state, and the scope and strength of the policies, processes, and tools they had deployed. Monitoring and record keeping, freshwater wetland management, and the use of nonregulatory restoration in coastal management were common program weaknesses. The evaluation approach and indicators used here are recommended as a starting point for designing a national monitoring and performance evaluation system addressing this CZM objective.     

Examining Local Coastal Zone Management Capacity in U.S. Pacific Coastal Counties

The coastal zone has critical natural, commercial, recreational, ecological, industrial, and esthetic values for current and future generations. Thus, there are increasing pressures from population growth and coastal land development. Local coastal land use planning plays an important role in implementing the U.S. Coastal Zone Management Act (CZMA) by establishing goals and performance policies for addressing critical coastal issues. This study extends the CZMA Performance Measurement System from the national level to the local land use level by measuring coastal zone land use plan quality and political context in fifty-three Pacific coastal counties. Plan quality is measured using an evaluation protocol defined by five components and sixty-eight indicators. The results indicate a reasonable correspondence between national goals and local coastal zone land use planning goals, but a slight gap might exist between the national/state versus local levels in the overall effectiveness of coastal zone management (CZM) efforts. The results show many U.S. Pacific coastal counties lack strong coastal zone land use plans because the average plan quality score was only 22.7 out of 50 points. Although these plans set relatively clear goals and objectives, they are somewhat weaker in their factual basis, identify a limited range of the available planning tools and techniques, and establish few coordination and implementation mechanisms. The regression analysis results indicate that CZM plan quality was not significantly related to any of the jurisdictional characteristics.     

Perceptions of the performance of state coastal zone management programs in the United States. II. Regional and state comparisons

A mail survey of coastal user groups, academics, and state coastal zone management program managers was conducted to determine the perceptions of the performance of state coastal zone management programs relative to the protection of coastal resources, the management of coastal development, the improvement of public access, and the management of coastal hazards. Information on the perceived importance of the selected issues to each of the 24 states being studied was also solicited. Findings on the perceptions of various categories of interest groups, academics, and program managers with respect to the overall performance of state coastal zone management programs in the four issue areas were presented in an earlier article, “Perceptions of the Performance of State Coastal Zone Management Programs in the United States”; (Knecht et al., 1996). The present article draws on a subset of these data—the responses from the coastal user groups and the academics—and presents the findings at the regional and individual state level. In terms of perceived performance of state coastal zone management programs on a regional basis relative to the selected issue areas, the highest rating went to the Great Lakes region for its management of public access. However, the North Atlantic region received the highest performance rating for the three other issue areas: protection of coastal resources, management of coastal development, and management of coastal hazards. Looking at state performance with regard to the coastal issues judged to be of most importance to the states—the protection of coastal resources and the management of coastal development—respondents indicated that states should improve their performance in both areas, with the greatest need related to the management of coastal development. Overall, the states of the North Atlantic, Great Lakes, and South Atlantic regions were perceived to be performing somewhat better relative to the four issue areas than the states in the Pacific and Gulf of Mexico regions. While the data do not shed light on the reasons for these regional differences, we suggest that, in the case of the Pacific region at least, the differences could be associated with higher expectations among the resident population with regard to environmental quality in general and coastal management in particular.     

Response of coastal zone management programs to sea level rise in the United States

Abstract

State coastal zone management programs are responding to the potential impacts of accelerated sea level rise through a wide range of activities and policies. This article provides a brief overview of the Coastal Zone Management Act and other federal laws that provide the basis for coastal state regulatory activities. It surveys the level of response to sea level rise by state coastal management programs in 24 marines coastal states, from formal recognition to implementation of policies addressing the issue. Individual state CZMP responses and policies that have been implemented or proposed are categorized. The adaptation of sea level rise to ongoing institutional objectives is discussed and policy constraints and trends are summarized.     

Pushing the CZMA Envelope: California: The First State to Litigate the New Federal Law

As noted often by the former California Coastal Commission Executive Director Peter Douglas, the history of how the California coast was saved is a great repository of untold stories. Although the Commission has had a dramatic and tangible impact on California's coastal geography, the public is largely unaware of many of its early accomplishments. This article begins to chronicle the rich stories of California's coastal legacy by telling the story of how the Commission utilized the Coastal Zone Management Act (CZMA) to prevent Southern Pacific Railroad from developing a seven-mile stretch of the Monterey Bay shoreline. In so doing, the Commission helped make possible the creation of the Monterey Peninsula Recreational Trail, a public bicycle and pedestrian path that has grown to sixteen miles in length and runs through the heart of John Steinbeck's world-famous Cannery Row. The controversy also was the subject of the first judicial challenge of a state's federal authority under the CZMA and precluded private commercial and residential development that would have dramatically altered the urban form of the Monterey Peninsula. It is important to tell the story as the Coastal Commission's role in this remarkable accomplishment has been almost completely overlooked.     

Marine Shoreline Management—A 35-Year Evaluation of Outcomes in San Juan County,Washington, US

In 1976, Washington became the first state to implement the federal Coastal Zone Management Act (CZMA) primarily through the 1971 WA Shoreline Management Act (SMA). However, there has been little effort in Washington to evaluate outcomes of shoreline protection programs post SMA. In 2006–2008, we characterized shoreline conditions in San Juan County over three time periods spanning pre and post SMA and engaged community members to improve effectiveness of shoreline protection. We found modest improvements in forest retention on marine shorelines between pre and post 1977, but few other improvements through time. While we could not measure shoreline construction rates, construction practices for shore armor and overwater structures (docks) have changed very little, despite the increased regulatory standards. The vast majority of shore armor constructed post SMA occurred without mandatory county or state permits likely due to: widespread perception that permits were unnecessary and that permit standards were arbitrary and inconsistently applied; poor understanding of shoreline ecology by community members; lack of county or state enforcement authority and shoreline monitoring programs; and poor permit tracking systems.     

Forty Years of the CZMA: Impacts and Innovations

This article addresses federal, state, and local regulatory regimes for controlling commercial advertising in coastal waters. It focuses on a new method of outdoor advertising that utilizes a billboard towed by a tug in coastal waters. Specifically, it explores the extent to which legal action to regulate advertising from floating billboards in U.S. waters could withstand constitutional scrutiny. The issue is examined within the contexts of commercial speech and navigational servitude. Additionally, the article discusses the preservation of viewscapes along the coast and the applicability of the public trust doctrine. Jurisdictional issues are examined along with the role of states' harbor management plans and local ordinances in regulating commerce and providing anchorage limitations. The article argues that regulation of floating billboards must not necessarily be based on aesthetics, but the public trust doctrine. The article concludes that the language of the Coastal Zone Management Act (CZMA) and interpretations of its scope, as well as Supreme Court decisions in favor of aesthetic zoning, support the inclusion of such regulations in states' coastal zone management plans.     

Coastal zone management from an administrative perspective: A case study of the san francisco bay conservation and development commission

Abstract

Competent administration of the Coastal Zone Management Act of 1972 (CZMA) must proceed on an informed understanding of the organization styles and capacities of agencies presently dealing with similar problems. One such agency, the San Francisco Bay Conservation and Development Commission (BCDC), the forerunner of the California model of coastal management, is analyzed here to shed light on where we are headed and what we can expect administratively as the CZMA becomes an operation reality.

The major administrative insights offered fall into the areas of: (1) effectiveness assessment‐the BCDC's success is systematically defined and measured, and a discussion of what effectiveness evaluation implies in the area of coastal resource management is undertaken; (2) understanding organizational success—the BCDC's administrative style is analyzed in terms of the synergy which has been created between its organizational structure and decision‐making process; and (3) implications of agency success—which of the BCDC's lessons are most valuable and how these can be applied to other situations are shown.     

Estimating the Economic Benefits of Regional Ocean Observing Systems

This article introduces a theme issue of the Coastal Management Journal comprising a set of articles on the potential economic benefits from new investments in coastal ocean observing systems. We describe a methodology to estimate these benefits, and apply this methodology to generate preliminary estimates of such benefits. The approach focuses on coastal ocean observing information within ten geographic regions encompassing all coastal waters of the United States, and within a wide range of industrial and recreational activities including recreational fishing and boating, beach recreation, maritime transportation, search and rescue operations, spill response, marine hazards prediction, offshore energy, power generation, and commercial fishing. Our findings suggest that annual benefits to users are likely to run in the multiple $100s of millions of dollars. The project results should be considered first-order estimates that are subject to considerable refinement as the parameters of regional observing systems are better defined, and as our understanding of user sectors improves.     

Implementing coastal zone management: 1972–1990

Abstract

The implementation history of the Coastal Zone Management Act offers insights into the process of long‐term intergovernmental policy implementation. This five‐stage history is explained as a coproduction process, in which coastal state, environmental, and development advocacy coalitions interacted with congressional committees and the federal coastal office to shape coastal policy and manage coastal development. The coproduction approach proved invaluable during the Reagan assault on the coastal program, when the states and Congress assumed responsibility for keeping the program alive. Acknowledging underlying stakeholder dynamics as the basis for coastal program evaluation could strengthen future coastal management implementation.     

Providing Public Access to the Shore: The Role of Coastal Zone Management Programs

In many coastal states and territories, coastal zone management (CZM) programs have been the prime catalyst in leveraging public access initiatives among state and federal agencies, public organizations, and the private sector. A wide range of tools are used, including acquisition, regulations, technical assistance, and public education. The diversity of approaches is illustrated through a variety of case examples. Although hard numbers for measuring outcomes were not uniformly available, between 1985 and 1988, when federal and state CZM funding dedicated to public access was tracked, $141.5 million (unadjusted 1988 dollars) were spent on 455 public access-related projects. A policy shift occurred in the 1990s away from reliance on acquisition and regulation as the most effective means of providing access and toward technical assistance and public outreach-a response to the overall decrease in funds available for access. CZM programs have been able to balance the contradictory goals of the federal Coastal Zone Management Act of 1972 (CZMA), such as protecting coastal resources while providing for increased public access to those resources. It is recommended that CZM programs conduct assessments to determine the kind of access needed in the future and where it should be located. And, due to the creativity and innovation that states and territory coastal programs use to achieve access, it is recommended that a national clearinghouse be established for documenting and sharing information on innovative tools and programs.     

The Quiet Revolution in Visual Resource Management: A view from the coast

Abstract

This introductory piece traces the growth of knowledge and activity associated with visual resource management in general. A specific framework of questions regarding methods of coastal zone visual resource management is presented. The state‐of‐the‐art in methodological studies is listed for each question, and the methodological questions are related to the major articles with the special issue of the Coastal Zone Management Journal. Major legal federal statutes, state statutes, and court cases are reviewed in light of visual resource management in the coastal zone. The remaining articles within the special issue that deal with integration of VRM into decision‐making are then arrayed against a management framework. This framework includes regulatory situations for (1) public land management and planning, (2) public projects involving private lands, and (3) public regulation of private projects.     

Judicial Interpretations of Federal Consistency under the Coastal Zone Management Act

The federal consistency provision of the Coastal Zone Management Act (1972) created a new form of interaction between federal and state governments. The implementation of this provision has significant ramifications for coastal management and intergovernmental cooperation in the United States. Past studies have focused on the provision's implementation patterns among U.S. coastal states and federal-state disputes mediated by the Secretary of Commerce. This supplemental article examines judicial interpretations of the federal consistency provision over the past two decades in relation to major issues deliberated by Congress at the time of enactment. Recent changes in the provision, as well as those unresolved issues likely to resurface in future litigation, are also discussed. Seemingly, coastal land use authority and offshore energy exploration remain the most contentious issues surrounding the federal consistency provision.     

The status of coastal zone management in South Africa

Abstract

In this article, an overview of the status of coastal zone management (CZM) in South Africa is presented. Firstly, it provides background to the development of various initiatives to promote sustainable use of coastal resources within the context of sociopolitical changes in South Africa. Thereafter, it examines the progress made with respect to key attributes underpinning most CZM programs. Finally, it identifies obstacles to achieving effective CZM in South Africa and makes recommendations to address these shortcomings. The review reveals that whilst considerable progress has been made in certain areas of program development, such as resource conservation and pollution control, there are several gaps and inadequacies within existing efforts. These include the absence of a clear policy to guide efforts, lack of coordination amongst government departments involved in CZM, as well as inadequacies in our legal and administrative system. The promulgation of a Coastal Zone Management Act and the establishment of a Coastal Unit charged with the coordination and review of all activities impinging on coastal resources are amongst the recommendations made.     

Federal consistency and state expectations

Abstract

The requirement in the Coastal Zone Management Act of 1972 that federal projects be consistent with approved state coastal zone management programs is an important incentive for states to complete their programs. As a condition of program approval, states must first consult with the federal agencies concerned and provide opportunities for comment, with the hope of avoiding conflicts. The consistency requirement is also subject to various exceptions whose scope remains to be determined. One such exception of uncertain extent is the exclusion from the coastal zone of federal lands “the use of which is subject solely to the sole discretion ... of the Federal Government....”; Despite these uncertainties, however, the consistency provision represents a major change in federal policy, which has traditionally allowed federal agencies to operate largely without concern for state land or water use requirements.     

Inventory,Classification, and Analysis of Special Management Areas Associated with U.S. Coastal Programs

Area-based management approaches may be beneficial in integrating sectoral, single-purpose laws and regulations; however, these benefits may not be attained if special area designations are equally sectoral or single-purpose in nature. Over 60 types of special management areas were documented under U.S. coastal programs, and a new classification scheme was developed to allow comparisons and analyses across programs. Results indicate that requirements and incentives for special area designations under the Coastal Zone Management Act did little to standardize or influence area-based management systems associated with state and territory coastal programs. Further, the absence of clear patterns within and between coastal programs with respect to special area policies suggests a limited commitment to this important aspect of coastal management. Continued research is needed to document the effectiveness of the various area-based management approaches presented in this article.     

Facts,Fictions, and Failures of Integrated Coastal Zone Management in Europe

Nearly 40 years on since its first tentative steps in North America, this article considers whether Integrated Zone Coastal Management (ICZM) in Europe has grown to maturity as a form of governance. The article summarizes the findings of recent research concerning the levels of implementation of coastal management in Europe, with particular reference to the UK experience. A research framework is used to identify the different motivations behind the social actor groups involved in coastal management. The application of this framework reveals four major findings about gaps in implementation: (1) the complexity of responsibilities at the coast continues to prevent agencies from taking a “joined-up” approach; (2) a policy vacuum is constraining implementation from national to local scales; (3) informational obstacles are significant in preventing co-ordination between science and policymakers, and between different sectors; (4) a democratic deficit is preventing implementation in the working practices of coastal stakeholders, with little opportunity in decision making for public comment or local accountability, especially offshore. The article also explores different conceptualizations of the role of coastal management and planning held across Europe, providing an analysis using the Strategic Management literature and the experience of the EU Demonstration Programme on Integrated Coastal Zone Management (1996–1999). Recent arrangements, with the availability of priming funds from the European Commission and emphasis on “pilot” and “demonstration” methods, have tended to encourage a project-based approach to ICZM that may fail to realize long-term objectives. The article seeks to present an analysis of the behaviors of scientists, academics, policymakers, and practitioners, and will be of interest to all those seeking to establish ICZM within the wider system of governance, as supported by the Commission of the European Community (2000) Communication on ICZM (COM 547). Some technical solutions are also offered from the UK experience that will be of use to coastal project officers working at national and regional levels.     

CZM in California: Successes and Challenges Ahead

California has a forty-year history of successful coastal zone management. The San Francisco Bay Conservation and Development Commission, the California Coastal Commission, and the State Coastal Conservancy have protected and made accessible hundreds of miles of shoreline. While each agency has played a critical role, this article focuses on the Coastal Commission. Implementing the California Coastal Act, the Coastal Commission has partnered with local government, other agencies, nongovernmental organizations (NGOs), and the public to concentrate new development in already developed areas, and much of the rural coastal zone looks as it did in 1972. The Commission has protected and expanded public shoreline access through its regulatory actions. Using strong ecological science the Commission has protected a wide variety of sensitive habitats and wetlands. And under the authority of the Coastal Zone Management Act, the Commission has reviewed thousands of federal projects to assure that they are consistent with the Coastal Act. Challenges continue, though, including population growth, sea-level rise, and inadequate funding to update local coastal land use plans to address new issues, such as climate change adaptation. New investment is needed at the national, state, and local level to continue the success of the California program.