Boundaries of the coastal zone: A survey of state laws

Abstract

A survey of coastal state legislation reveals several types of statutes affecting activities occurring in coastal regions: Coastal management statutes, wetland statutes, and shoreline statutes. Each coastal state has adopted methods to delineate coastal areas or features, whether an entire coastal zone, a limited feature such as wetlands, or shorelands. Boundary delineation is done according to linear measurements, political boundaries, roads and highways, vegetation, elevation, tidal flow, and other factors. An appendix is provided containing state statutory provisions relating to boundary‐delineation techniques.     

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.     

An alternative perspective on common property resource allocation decisions in the coastal zone

Abstract

This article argues that using the public sector and the private market in the historically delineated and traditional ways offers only the bluntest of tools with which to approach the complex problem of coastal zone management. It therefore seeks to provide a basis for reformulating our understanding of sectoral responsibility with regard to resources management. First, it conceptually analyzes the relative strengths and weaknesses of the two sectors. Second, it examines three examples of coastal resources management—beaches and shorelands, artificial reefs, and coastal wetlands—in analyzing the complexities of the coastal management challenge and the limitations of our current approaches. Finally, we provide an alternative perspective on how these common property resource allocation decisions can be made.     

The visual effects of port redevelopment alternatives

Abstract

In the early 1970s, Seattle Piers 90/91 were declared surplus federal property by the GSA. These obsolescent half‐mile‐long piers and their adjacent uplands were purchased by the Port of Seattle for redevelopment. This urban waterfront site of almost 200 acres presents the Port of Seattle with a number of severe planning problems. While it is the last large deep‐water site on Elliott Bay, it is also in a very sensitive location, since it is overlooked on two sides by vocal residential communities with a history of active intervention in development projects on visual and other environmental grounds.

At Piers 90/91, public concerns over the visual effects of port redevelopment include:

1. nuisance effects of night‐operations lighting on adjacent hillside residences;

2. nighttime obstruction of distant views due to increased foreground illumination;

3. day and night view obstruction by tall structures such as container‐handling cranes;

4. alteration of the character of both day and nighttime views by new port facilities.

As part of a program to study the effects of alternative redevelopment strategies for Piers 90/91, the Port has undertaken a through examination of the visual effects of different uses, their visual appropriateness, and the ways by which adverse visual effects can be mitigated. The results were incorporated into an environmental impact statement which documented compliance with the Seattle Shoreline Master Program and with view protection and glare provisions of the City's S.E.P.A. guidelines.

A systematic Visual Resource Management (VRM) approach was successfully employed on this coastal zone project. Major elements included visibility mapping, key view selection, analysis of existing visual character, simulation of alternatives, assessment of relative visual compatibility, and determination of effective mitigation measures. Community involvement has also been a critical element in this approach to assessing and managing the visual effects of redevelopment in a major urban port.     

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.     

The economic impact of commercial fisheries and marine‐related activities: A critical review of northeastern input‐output studies

Abstract

The application of the input‐output method to regional analysis of coastal zone production and consumption activities is examined. A review of previous Northeastern input‐output studies provides a framework for analyzing selected methodological procedures utilized in this type of analysis. While commercial fishing and other marine‐related activities have been shown to have important economic impact on coastal communities, the review indicates that in certain cases the methodological procedures adopted tended to yield an upward bias to the estimation of economic impacts. Standardization of procedures is recommended for future studies.     

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.     

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.     

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.     

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.     

Aquaculture siting issues in Washington's coastal zone

Abstract

Greater commitments of aquatic resources are required as aquaculture activities expand and intensify. At the same time, increasing recreational and residential uses of the coast are placing other demands on many of the same resources. Multiple use disputes are arising and conflicts are intensifying. This paper is a problem analysis based on recent public debates in the state of Washington which surrounded the mechanical harvest of clams, raft culture of mussels, and pen rearing of salmon. Subjects of potential conflict are shown in the questions of continuing the subtidal harvest of geoducks, raft culturing of marine algae for food and chemical extracts, and continuing the use of public nearshore aquatic areas for private oyster farming. This report also suggests that better coastal management techniques need to be developed which address: (1) how environmental impacts and risks are determined; (2) how claims for esthetic quality can be evaluated and measured; and (3) which methods can be used to plan for the aquatic areas which recognize the special features of the aquatic areas.     

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.     

The visual impact of development in coastal zone areas

Abstract

The focus of this paper is theoretical, as well as methodological. It reviews previous studies of visual impact and reports research by the author on people's evaluation of the appropriateness of different man‐made facilities in different coastal‐area contexts and other environments. In this study, subjects were asked to react to slides developed through the use of landscape models and experimental facilities to simulate the appearance of a building in the landscape, while systematically varying the visual relatedness between the two. Specific interest centered on the variable of congruity vs. contrast between the appearance of the building and its landscape context, manipulated by co‐varying the attributes of color and size to create a five‐point scale of contrast/obtrusiveness. The hypothesis was that judgments of appropriateness, and to a lesser extent judgments of liking, would vary inversely with level of contrast. The role of two further variables, the functional significance of the building in its setting, and the character of the setting itself, was also investigated. The author reviews methodological issues involved where subjects respond to visual stimuli for purposes of judging change in visual quality. These methodological issues include: stimulus‐selection and problems of simulation, choice of response measures, and choice of respondents, and the treatment of individual differences. The author calls for development of standardized scales and indices such as “perceptually‐relevant environmental quality indicators.”     

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.     

The urban coast from a national perspective

Abstract

Viewing the urban coast from the national perspective one sees not only the sheer number and complexity of the federal programs involved but the lack of adequate coordination and the different often cross‐purpose missions. It goes without saying that to date, no one federal agency or program has been specifically charged with overseeing the urban coastal resource as an entity, nor is it likely that one will. However, national concern regarding various aspects of the urban coastal issues has been expressed. A very clear‐cut national interest has been constitutionally declared in navigation, defense, and interstate commercial activities, most of which affect the water area. A more diffuse though no less important national involvement can be traced through a number of federal activities which add up to considerable federal interest and investment in our urban coastal areas. Beginning in the early 1960s with waterfront related urban renewal activity for example the activities have accelerated more recently with such things as the administration's urban initiative, the Urban Recreation Study and the Urban Waterfront Study (HCRS), the Urban Parks and Recreation Recovery Program (HCRS), the Maritime Preservation Program (HCRS and NHT), public investment in harbor cleanup (EPA), shorefront access and planning (OCZM), special waterfront demonstration projects (OCZM), and the State Coastal Zone programs coming in line to mention a few. Building on the existing framework and growing enthusiasm there is an unexcelled opportunity to make incremental progress in creating a new and better urban environment by effectively managing this unique portion of the city—the urban waterfront.     

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.     

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.     

Local environmental management—can it work? A case study of the Virginia Wetlands Act

Abstract

The Virginia Wetlands Act of 1972 provides the localities of Tidewater Virginia an opportunity to participate in the management of the state's coastal wetlands resources. This study attempts to analyze the effectiveness of this legislation and to examine the implications of a local management scheme for coastal resource management on a broader scale. Criteria are also established that can be used to evaluate the effectiveness of such a law. When examined in the light of these criteria, the Virginia Wetlands Act emerges, for the most part, as an effective piece of environmental quality legislation that has had a significant impact on wetlands destruction in the state of Virginia. During the two‐year period following the passage of the Act, wetlands losses through the permitting process showed an 18‐fold decrease from previous estimates. The Wetlands Act appears to have been generally accepted by the public and has resulted in consistently uniform decisions, which have reduced wetlands losses without unduly restricting the necessary and legitimate development of the state's wetlands.     

Planning for resilient coastal communities: Lessons from ecological systems theory

Abstract

One of the least understood aspects of coastal zone utilization is how communities respond and adapt to changes occurring in the marine environment and to changes which transform the socioeconomic, political, and administrative environment of the coastal zone. In Atlantic Canada, it is estimated that there are some 1,300 “fishing communities,”; yet these communities vary considerably in terms of population size, proximity to urban centers, and dependence upon the local resource base to provide employment opportunities and alternatives. Although numerous government planning documents have purported to support “community revitalization”; and “self‐sufficiency/self‐reliance,”; few inquiries have been directed toward ascertaining how communities have maintained resiliency in the face of unexpected and sudden shock, or have adapted to more gradual change. This essay argues that human communities and ecological systems may have similar attributes, and that appropriate resource development and management planning should take account of these traits as well as the sustaining structural support mechanisms.     

Support for Oregon land‐use planning: A multi‐level analysis

Abstract

This article analyzes support for and opposition to state land‐use planning in Oregon, using voting records from the 1976 referendum to repeal Oregon's regulatory legislation and survey data. Support for controlled growth legislation is found to be a product of both individual‐level characteristics and characteristics of the larger community where one resides. The most influential contextual variables are the county's economy and the class composition of the city. The authors conclude that coastal zone managers must exercise caution when interpreting individual survey data which indicate support for various environmental concerns. Contextual differences must be taken into consideration because sources of support for coastal zone management may vary among individuals, depending on the nature of the communities in which they live.