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.     

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.     

Opportunities for a state‐federal partnership in an expanded territorial sea

Abstract

The United States currently has a 3‐mile territorial sea limit which is under the jurisdiction of coastal states. In the event the United States joins with other countries in adopting a 12‐mile territorial sea, Congress may consider extending state jurisdiction to 12 miles. It may be in the best interest of coastal states to oppose extension and instead support a strengthened federal‐state ocean management regime which disregards boundary lines and is based on the sharing of outer continental shelf leasing revenues along with a guaranteed role for coastal states in federal decision‐making.     

Altruism,selfishness and coastal resources

Abstract

The basis for coastal zone management in the United States is established in legislation. In comparison, Canadian federal and provincial governments have adopted a piecemeal approach for managing a variety of concerns examined here: water quality, ecological protection, public access, aesthetics, natural hazards, and water dependency. As a result of this approach, which is characterized by a minimum of federal, provincial, and interjurisdictional coordination, the British Columbia coastal zone is showing signs of stress. For example, major shellfish harvesting areas are being lost to water pollution; ecologically sensitive habitats are being consumed by urban, commercial, and industrial expansion; recreation and tourism opportunities are being impaired by clear cutting and other inappropriate developments; and infrastructure is allowed in flood and erosion‐prone areas. Recommendations to improve the approach to coastal management in British Columbia include a variety of innovations. New federal and provincial policies, legislation, institutions, and experimentation with local and regional integrated resource planning are required to better govern the coastal zone. Increased support for existing agencies, public involvement, and access to information as well as more common use of environmental impact studies are needed to justify proposed coastal developments.     

Management of corals and coral ecosystems in the United States

Abstract

Corals and coral communities provide substantial societal benefits by virtue of their recreational and esthetic appeal, the habitat provided for commercially harvested fish and shellfish, the structural foundation provided for productive coastal ecosystems, and the market value of harvested coral specimens. Coral resources are subject to adverse effects from pollution, dredging, specimen collecting, anchor damage, commercial fishing, overharvesting, and activities related to offshore petroleum development. Management programs which protect coral resources in the United States comprise a patchwork of separate federal and state programs. They attempt to adapt broad regulatory authorities for parks, fisheries, offshore mineral resources, and other subjects for the purpose of coral conservation. These programs embody species‐specific, area‐specific, and generic approaches to coral management. This paper traces the evolution of U.S. coral management programs and comments on their respective strengths and weaknesses. Alternative approaches for strengthening management systems could include new coordinating committees, legislation, memoranda of agreement between involved agencies, and others.     

Integrating visual management into the coastal zone planning process: The Massachusetts experience

Abstract

This paper concerns the limitations on integrating visual management into the coastal zone planning process as exemplified by the Commonwealth of Massachusetts, a state with a strong tradition of “home rule”; and a CZM implementation program based on a “networking”; of existing state authorities. The implications of the Massachusetts experience are that: (a) management of esthetic resources at the state level continues to be much less of a priority than management of ecological resources such as wetlands or floodplains; (b) visual management has yet to engender a strongly supportive constituency beyond that concerned with historic preservation; (c) project review focusing on visual impacts may be a more appropriate activity for local rather than state government; and (d) the technical aspects of visual management or impact assessment are far more advanced than their political acceptability. Political realities, together with the decision that implementation of the program should be based on a networking of existing authorities, thus determined the degree to which visual management could be incorporated into the state's program. As a result, the program's principal instruments of visual management became a strengthening of existing programs such as Wild and Scenic Rivers, reliance on wetland protection statutes to indirectly protect natural scenic values, and the use of the federal consistency provisions of the Coastal Zone Management Act to foster focused growth patterns through provision of publicly funded infrastructures. Esthetically oriented project review, with the exception of potential impacts on historic sites, was left to the discretion of local government, and a technical assistance program was created to provide funding or professional skills to communities interested in developing their own esthetic controls or design review processes. Maine, Rhode Island, and other New England states have followed a similar course.     

Conservation and development in Oregon's coastal zone

Abstract

Coastal zone management in Oregon is based on the state's general land‐use law. This body of law is designed to deal with population increase, urbanization, and preservation of agricultural land, as well as with other problems throughout the state. Early planning and policy recommendations for the coast were in the hands of a commission having predominantly local membership. This commission produced an extensive series of studies, policies, and recommendations which were assembled as a proposed management tool for natural resources. Staff of the commission was then absorbed into the state land‐management agency, which developed final goals and guidelines for compliance with the Coastal Zone Management Act. Adoption of the coastal goals in December 1976 has triggered deadlines for local government compliance within the coastal zone. The management program is now undergoing federal review.     

Environmental quality within an interorganizational matrix: A case study of the SOHIO project

Abstract

Urban coastal management is now part of a large, complex set of regional, state, and federal interorganizational arrangements. This emerging matrix consists of a loosely linked set of nearly independent decision points. Cities have little capacity within this matrix for independent action. Recent experience in the SOHIO project by the City and Port of Long Beach, California, illustrates the point to which external agencies have taken over decision‐making for use of coastal resources. Public bodies removed from city affairs and politics and with interests in other than coastal affairs have become dominant and have overridden local policy‐making. The public costs to citizens and local governments of the emerging interorganizational matrix are very high and may be excessive. As it is emerging, the matrix is a semi‐autonomous set of bureaucratic decision points which is unhinged from community values and regular political infrastructures.     

Model coastal zone statute

Abstract

This model statute sets out a mechanism for the management of the coastal zone by the coastal states. It provides a possible state response to the Coastal Zone Management Act of 1972. The authors recognize that most states presently have some form of management or legal control over their coastal zone, and the model statute has been written with the intention that all or parts of it could be adapted to the wide variety of state regulatory schemes with the aim of providing unitary management to the valuable resource of the coastal zone.     

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.     

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.     

Western Australia's nonstatutory approach to coastal zone management: An evaluation

Abstract

Western Australia is fortunate that there have been few natural disasters on the coast. However, low levels of coastal erosion during the 1970s demonstrated the need to establish coastal zone management in that state of Australia. The erosion was quickly contained because private ownership to the high water mark is almost nonexistent, private property being set back behind coastal reserves along most of the coast. The provision of coastal reserves has been part of a deliberate nonstatutory coastal planning and management approach. As a result Western Australia has been able to use existing acts, coordination between existing government agencies, and coastal policies rather than enact specific coastal legislation to manage the coast.     

Shipwrecks: The past in the present

Abstract

Historic shipwrecks are a recently recognized group of historic resources. These shipwrecks attract sport divers, archeologists, and treasure hunters. States have always claimed the historic shipwrecks embedded in their submerged lands. States manage these resources as part of their historic preservation programs. However, since 1981, state authority has been challenged by the federal court sitting in admiralty. Cases have been decided in Florida, Massachusetts, Maryland, Texas, and Georgia; however, only one Florida case went against the states but the expensive litigation has been a drain on state treasuries.

Bills currently before the U.S. Congress will affirm state title and encourage states to put effort into state programs for historic shipwrecks. This article briefly describes the populations interested in shipwrecks, current case law, state law and state programs, and finally the federal legislative proposal.     

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.     

Armoring Against Coastal Climate Adaptation in the US: A Massachusetts Perspective

Massachusetts, like many coastal states in the US, stands to be impacted from climate-induced sea level rise. As a result, climate-sensitive coastal policy instruments are critical for providing adequate adaptation options, including an option to allow coastal features to migrate inland. But the migration of coastal features is under threat due to extensive private armoring. This essay highlights specific regulatory instruments at the federal and state level dealing with hard armoring using Massachusetts as an example. It argues specific federal and state regulations legitimize and incentivize hard armoring over other coastal land use planning methods. The current level of armoring in Massachusetts is highlighted and implications under current federal and state policy frameworks are explained. Suggestions for coastal states planning for sea level rise are discussed, including the need for state planning to take the lead. Recommendations for changes at the federal level are also highlighted.     

Israel's coastal program: Resource protection through management of land use

Abstract

Presently, much of Israel's 190‐kilometer‐long Mediterranean coast is either unoccupied, devoted to unsuitable uses, or is in use by activities which have no special need to be near the water's edge. This has resulted from years of lack of appreciation by policy‐makers of the coast as a valuable resource, of national development policies that directed attention to other regions, and of the relatively limited demand for coastal recreation.

In the last decade the importance of these factors has diminished. In turn, there is now mounting pressure for the development of coastal land. Increasingly, rising standards of living with a greater demand for recreational facilities, the growth of tourism as a major industry, and demands of the environmental lobby for conservation of part of the coastal land are factors bound to cause intensive change along the coast and to affect the quality of its resources. These trends have brought about public intervention in deciding the future of the coast. This paper reviews and analyzes Israel's coastal policy and its resource management programs, and also discusses the potential challenges to their full implementation.

Three types of programs were suggested as the main management tools: a coastal research and development effort, national coastal land use planning and pollution prevention, and monitoring and control programs. Major objectives of the programs were to be achieved through land use controls. Consequently, an important role is given in the development and implementation of the coastal program to agencies responsible for the management of physical land use planning and development.

Successful implementation of the management program, however, will depend on the ability of its administrators to coordinate the actions of many interests, on success in changing attitudes among decision‐makers as to the value of the coast, and on widening support for coastal resource conservation among a presently uninvolved public.     

Risk assessment: An introduction and critique

Abstract

Risk assessment is a methodology which has been used to evaluate the safety of major public projects, notably aerospace programs, liquefied natural gas import facilities, and nuclear power plants.

This article begins with a review of public attitudes toward risk and then describes the basic components of a risk assessment. Subsequent critical analysis suggests the pitfalls inherent in the technique, especially in regard to the establishing of a criterion of safety against which the results of a risk assessment will be compared. The author identifies three such criteria and rejects two of them, including the one most commonly used in federal government agency decision‐making, as unreliable or philosophically unacceptable.

The article concludes with comments on the applicability of risk assessment in coastal zone management.     

An application of interactive management information systems to environmental planning: Coastal zone management

Recent emphasis in comprehensive planning for coastal zone regions has created the need for more effective tools for information processing and analysis to aid policymakers and planners in developing strategies for preservation of coastal zone areas. New agencies with broad powers have been created at both state and federal levels to deal with growth management in large coastal regions. However, coastal zone management (CZM) agencies have not yet been able to deal effectively with development processes. A “holding action”; is being maintained in the face of mounting pressure by developers, while planners struggle to develop (1) a data base with sufficient detail for planning; (2) a fair and rapid process for reviewing environmental impact statements and granting of development permits; and (3) a system for making the development permit application process more routine. The key to success of the CZM process is the development of a management information system (MIS) created explicitly for CZM. The prototypical system designed by the authors combines graphic display capabilities (i.e., map display) with interactive on‐line computing and large storage‐capacity computers. Problems of data structure development are documented, together with problems of assembling a large‐scale, highly detailed data base. Of particular importance is the need for well‐developed objectives and specifications for the use of computer‐based data in resolving disputes on environmental issues. A set of objectives and specifications for a prototypical coastal zone MIS is developed. The system is described in detail, showing how its capabilities directly address policy questions formulated by coastal zone planners.     

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.     

Federal‐state revenue sharing and resource management under outer continental shelf lands act section 8(g)

Abstract

Section 8(g) was added to the Outer Continental Shelf Lands Act (OCSLA) in 1978. It mandated sharing of the revenues from tracts that included oil and gas pools underlying the federal‐state boundary 3 miles offshore. Revenues were to be split based on agreements negotiated by the secretary of Interior and the relevant coastal state governor or “fair and equitable”; divisions made by the federal district courts. Only one agreement was concluded. Texas and Louisiana sued to force distribution of their shares of $6.1 billion in 8(g) funds held in escrow. In 1986 Congress divided the escrowed 8(g) revenues approximately 27 percent to the adjacent states and 73 percent to the federal government and legislated the same split for all future 8(g) revenues. This article examines the complex issues that section 8(g), as amended, raises for the management of federal and state submerged lands. Cooperative federal‐state approaches to implementing amended section 8(g) are reviewed. Section 8(g)'s broader implications as the only federal‐state ocean resource, revenue‐sharing mechanism currently in place also are addressed.