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.     

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.     

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.     

Tragedy of the San Francisco bay commons

Abstract

Although the early efforts to save San Francisco Bay in the 1960's provided the role model for protection of California's 1100 mile ocean coastline, neither Proposition 20 of 1972 nor the California Coastal Act of 1976 provided any benefits to San Francisco Bay. One result is that the Bay is locked into its urban, shoreline‐use dominated plan of 1969 while every other estuary and coastal wetland in California receives much stronger protection of its resources. Furthermore, due to the complexity of California's water laws, there is no instream flow protection for receiving waters such as San Francisco Bay. This is particularly critical considering that 70% of the Bay's freshwater inflow has been diverted. The Bay's present decline as the largest and most important estuary on the West Coast, as well as its possible death as an estuary, may be irreversible. The problem requires the immediate attention of engineering, scientific, economic and legal disciplines if San Francisco Bay is to be saved.     

Thermidor in land use control?

Abstract

In June 1987, the U.S. Supreme Court in Nollan v. California Coastal Commission held against the California Coastal Commission. Did this legal landmark signal the rise of a new, conservative jurisprudence of takings? And if yes, did that imply the demise of what had been accomplished by the so‐called quiet revolution in land use control that swept the country in the late 1960s and early 1970s? The complexities of this case cannot be understood apart from the historical evolution of the Coastal Commission's policies through the 1970s and 1980s, particularly its coastal access policies. Because of these policies the Coastal Commission, since its inception in 1972, has been subjected to all kinds of criticism, but at the same time has been widely praised for its balanced approach. These varying assessments of the role and record of the Commission also underly the conflicting viewpoints and arguments of Justices Scalia, who wrote for the majority in Nollan, and Brennan, who filed an extremely strong dissent. The resulting legal uncertainties, added to the political setbacks suffered from a lukewarm legislature and a hostile governor, forced the Commission to temper its assertive mission of maximizing coastal access, at least for the time being.     

The Effectiveness of Coastal Zone Management in the United States

The Coastal Zone Management Effectiveness Study was undertaken between 1995 and 1997 to determine how well state coastal management programs in the United States were implementing five of the core objectives of the U.S. Coastal Zone Management Act (CZMA). The five core objectives studied were: (1) protection of estuaries and coastal wetlands; (2) protection of beaches, dunes, bluffs and rocky shores; (3) provision of public access to the shore; (4) revitalization of urban waterfronts; and (5) accommodation of seaport development (as an illustration of the policy to give priority to coastal-dependent uses). Separate articles in this issue of Coastal Management report the findings of the five studies, each dealing with one of the core objectives. Each of the articles assesses issue importance, processes and tools used, and the limited outcome data available for that objective. This article provides an overview of the purposes of the study, the methodology used, the summary findings of each study, and overall conclusions and recommendations of the study team. State coastal programs are found to be effective in addressing the five CZMA objectives examined, but this conclusion is based on very limited information about program outcomes. A more definitive conclusion will require better outcome information. Coastal managers in the United States have not agreed upon indicators of success, which severely inhibits systematic and sustained collection of outcome information. A national outcome monitoring and performance evaluation system is recommended to address these deficiencies and allow better determinations of program effectiveness in the future.     

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.     

The California Coastal Act and Ports: The Unintended Environmental Justice Implications of Preserving California's Coastline

Consistent with the policies set forth in the Coastal Zone Management Act, the California Coastal Act seeks to balance the utilization and conservation of coastal resources, taking into account the social and economic needs of the citizens of California. One way the statute pursues this balance is through its provisions for ports. These provisions have functioned as a type of smart growth planning for ports, encouraging densification of existing port districts and possibly averting maritime commercial and industrial sprawl along the California coast. One unintended consequence of the encouraged consolidation of port activities, when combined with the rapid growth in international trade over the last four decades, has been disproportionally large environmental and health impacts on low-income and minority communities surrounding ports. This article examines how the Port of Long Beach's conformance with the California Coastal Act has resulted in ongoing environmental justice concerns. It discusses approaches employed by the Port of Long Beach to reduce environmental justice concerns resulting from significant and unavoidable environmental impacts and offers suggestions for how to address this issue.     

Affordable housing in California's Coastal Zone: A tale of state authority vs. local autonomy

Abstract

This article examines the efforts of the California Coastal Commission to pursue simultaneously goals of environmental quality and affordable housing in the same state‐imposed regulatory program. The authors conclude that the Commission made substantial progress toward realizing both ends. However, the coastal body fell victim to its own successes, and housing was removed from its jurisdiction. As the Coastal Commission exercised its authority, opposition grew in strength and numbers. Key opponents included local government, which lost land‐use regulatory power to the Commission, the building industry, whose relationships with coastal localities were disrupted, and local property owners, whose land was restricted to uses other than the most profitable one.     

Agricultural land preservation: The case of Carlsbad,California

Abstract

The purpose of this article is to describe a program of agricultural land preservation in Carlsbad, California. This program focuses on agricultural subsidies and has been adopted and certified by the California State Coastal Commission and is scheduled for implementation on January 1, 1982.

This subsidy program is a variation of development rights transfer. Although no property rights are actually transferred, owners of land designated for agricultural use are subsidized by fees imposed on land designated for potential conversion to residential use. The Carlsbad program is placed into context by means of a brief review of similar proposals which attempt to preserve agricultural land in a fair and equitable manner.

The importance of agricultural land preservation is emphasized through discussions of urban development pressure, the significance of agriculture in the Carlsbad coastal zone, and the work of the California State Coastal Commission.     

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.     

Public access to the shoreline: The Rhode Island example

Abstract

Competition for the use of our nation's shoreline has produced a thorough analysis of means to accommodate the increased demands of the public for access to the shore. The issue of public access in Rhode Island is considered at three levels. First, Rhode Island cases involving common law doctrines, such as the public trust, dedication, and so forth, are examined for their relevance. Second, the effect of the federal government in Rhode Island through the Coastal Zone Management Act and its amendments is studied. Finally, two types of state management programs are considered—a Commission for the Discovery of Rights of Way and the Coastal Resources Management Council.     

Shaping the Coast with Permits: Making the State Regulatory Permitting Process Transparent with Text Mining

This paper examines the California Coastal Commission's permitting process. Using several text mining techniques, including web scraping, information extraction, and supervised classification, I demonstrate how to retrieve empirical data from unstructured texts, namely public meeting agendas and staff reports. Contrary to the concern that the Commission routinely delays or rejects permitting requests, the data reveal that outright rejection of permit applications is rare. On average, eight of ten applications were approved. Single-family homes and commercial development projects were approved about 80% of the time; the rates were about 70% for seawalls and retaining walls, and 60% for land-use changes. Most applications were processed swiftly, with a median application length of 3 months. The agency's influence comes primarily from negotiating each application. Qualitative study of 50 cases pertaining to single-family home construction reveals that the agency adopts a “managed development” approach, that is, allowing development but scrupulously managing various aspects of development. These case studies illustrate how the agency interprets the broad, abstract state laws and translates the mandates into enforceable actions as permitting conditions. In areas where the state mandates conflict, particularly over development in receding shorelines, the agency has the largest leverage in creating and implementing its preferred policies. The text mining techniques demonstrated in this paper can be applied to study any governmental agency. These techniques help to extract information from a massive volume of papers and organize them into a database for analyses. The empirical data extracted from texts can significantly increase bureaucratic transparency.     

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.     

Small city waterfront restoration

Abstract

Redesign and reuse of waterfronts are a common experience today. Small cities presented with a deteriorating waterfront are faced with formidable economic and institutional impediments to their efforts to reverse the decline. This paper presents some design principles that if followed provide a framework for developing restoration plans. It also describes the efforts of the California State Coastal Conservancy to apply these principles to assist three small cities along California's coast to revitalize their waterfronts. Their experience indicates that in an era of limited budgets waterfront redevelopment can occur with substantial economic benefit where limited funds are applied to often small but crucial elements that result in creating waterside amenities.     

It's a Wonderful Coast or,Every Time a Bell Rings,Long Island Sound is Protected

In Frank Capra's classic film It's a Wonderful Life, a despondent man takes a journey to see what life would have been like without him: the journey paints a bleak picture. In true Hollywood form, he is ultimately reassured of his impact even though his accomplishments were immeasurable. The film's protagonist, George Bailey, is the perfect metaphor for Connecticut's Coastal Management Program. The Program can measure quantifiable elements: the number of site plans reviewed, number of permits issued, acres of tidal wetlands restored. But coastal managers often lose sight of the accomplishments and ripple effects of management, possibly because accomplishments are taken for granted. Perhaps the true value of coastal management programs lies in that intangible, immeasurable idea of what coasts would be like without them.

This article takes readers on a George Bailey–esque journey by identifying the Connecticut Coastal Management Program's accomplishments since its adoption in 1980, reviewed in the context of several questions: What if the Program had never been adopted? What would public access look like? How many acres of tidal wetlands would be lost to development or Phragmites invasion? Hopefully, the results of the exercise will put coastal management into better context and highlight the successes.     

Inclusionary housing in the California coastal zone

Abstract

This article evaluates the performance of the California Coastal Commission's inclusionary housing program by examining: (1) the scope of the housing regulations, (2) initial permit decisions on residential projects, (3) the disposition of these permits overtime, and (4) the composition of completed projects and a best‐case projection of possible project completions. Using a case study of Southern California, factors affecting program success are discussed, including the effects of the various regulations, the availability of project subsidies, local government permit policies, and housing market fluctuations. The authors conclude that such state regulatory programs cannot be expected to succeed in urbanized coastal areas without incentives for developers and augmented state agency authority, superseding local land use controls.     

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.