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.     

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.     

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.     

A Local Transboundary Approach to the Governance of Mediterranean Coastal Borderlands

Abstract

Coastal borderlands are subjected to particular socioeconomic, political and environmental dynamics in Europe and worldwide. The presence of the international boundary in these areas poses challenges in the process of Integrated Coastal Zone Management (ICZM). The aim of this paper is to explore the existence, characteristics and the role that local cross-border cooperation plays in transboundary coastal zone management as well as the resulting potentialities of local endogenous development for improving the management and governance of the tourism sector, coastal development, fisheries and marine protected areas in the Albera Marítima (Northwestern Mediterranean). The applied methods included document review, statistical information and semi-structured interviews. The research shows that local agents are not capable of developing a stable cross-border network due to persisting lack of trust, weak joint strategic vision and high competitiveness in sectors like fishery and tourism. Based on particularly interesting initiatives occurred in Albera Marítima and other successful experiences in Mediterranean coastal borderlands, a proposal has been made to implement several measures, including a transboundary integrated coastal plan, the joint observatory of fishery resources and a scientific network platform. For the aforementioned issues, the study contributes to the ICZM literature by providing a new perspective on local transboundary cooperation.     

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.     

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.     

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 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.     

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.     

Coastal Erosion in Ghana: Causes,Policies, and Management

Coastal erosion is a serious problem that affects the safety and livelihoods of many coastal dwellers along Ghana's coast. Despite the fact that coastal erosion is a natural phenomenon, erosion trends have been largely aggravated by human-induced factors. This study analyzed shoreline change rates for three neighbouring coastal communities in the Central region of Ghana; Elmina, Cape Coast and Moree. Two epochs were analyzed, 1974–2012 (medium-term) and 2005–2012 (short-term), using ArcGIS and Digital Shoreline Analysis System. Overall, the entire study area recorded average shoreline change rates of ?1.24 myear^?1 and ?0.85 myear^?1 in the medium-term and short-term period respectively. Less consolidated shoreline segments recorded higher erosion rates in both periods while cliffs and rocky segments experienced very little erosion or high stability. Because shorelines undergoing chronic erosion do not fully recover after short-term erosion events such as storms, facilities located close to such shorelines are threatened. Taking a proactive approach to coastal erosion management, such as coastal sand mining prevention, inter-sectoral land use management and adopting a construction setback approach may be prudent for the long-term management of the coast since this recognizes future shoreline changes and safeguards coastal landscape for other uses.     

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.     

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.     

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.     

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 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.     

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.     

Improving the State of Coastal Areas in the Asia-Pacific Region

Stresses impacting the coastal zone in the Asia-Pacific region are briefly reviewed under the headings of sustainable coastal activities, coastal ecosystem management, community/resource interactions, coastal resource economics and sustainability, coastal area planning, and integrated coastal policies. Recent contributions on mitigation of these stresses are introduced, with emphasis on the Coastal Zone Asia-Pacific Conference, held in Bangkok, May 2002, where various innovative approaches to research, education, information sharing, and coastal policies aiming at improving the state of the coastal areas were presented. These include the roles of community in integrated coastal management; tools and planning for management of coastal areas; education program and capacity building; and the establishments of national and regional frameworks for integrated coastal management. As appropriate information and its transfer are critical to these processes, an analysis is presented of the content of the database on coastal projects in the region, highlighting areas of research interests, funding sources, and achievements. Another database on coastal ecosystems, currently under development, is presented as an example of the type of resource that can be expected to help advance our knowledge and ability to improve the management of coastal areas. Overall, these tools should allow us, given the political will, to improve the state of coastal areas.     

An Assessment of Integrated Coastal Management Governance and Implementation Using the DPSIR Framework: KwaZulu-Natal,South Africa

Coastal areas are under increasing pressure driven by demands for coastal space, primarily though population growth, in migration and the need for space for socioeconomic activities. The pressures and associated changes to the coastal environment need to be managed to ensure long-term sustainability. South Africa has enacted an Integrated Coastal Management Act (ICM Act) to facilitate dedicated management of its coastal environment. The implementation has been met with a number of challenges, primarily relating to financial and human capacity constraints, particularly at the local government level. Given that the ICM Act devolves powers to local government, it is imperative that implementation challenges be addressed. This paper focuses on KwaZulu-Natal, one of four South African coastal regions, which is a renowned tourist destination and home to 11.1 million people (Statistics South Africa 2015 Statistics South Africa. 2015. Mid-Year Population Estimates. Statistical release P0302. Pretoria, South Africa: Statistics South Africa. [Google Scholar]). This paper considers the state of coastal management, as well as implementation challenges being experienced at a local governance level, and highlights ways to address these. Data were acquired through questionnaire surveys and semistructured interviews. The Drivers-Pressures-State-Impact-Response (DPSIR) framework was used to identify relevant ICM issues and concerns and develop potential actions for improving the implementation of coastal management activities and the ICM Act. In the assessment of the ICM governance and implementation to date, a key concern identified was a general lack of coastal management knowledge among officials. It was specifically identified that knowledgeable management and capacity-building required championing from the provincial government in order to more efficiently and effectively implement the objectives of the ICM Act through an improved understanding of the coastal environment, its functioning and management.     

SiMoCo: the viability of a prototype platform for a coastal monitoring system: a case study

Coastal zones are among the most productive areas in the world, offering a wide variety of valuable habitats and ecosystems services. Despite the low population density in the Brazilian coastal zone, their distribution is quite concentrated near some coastal cities and state capitals. This concentration places enormous pressure on coastal resources. Therefore, the main objective of this paper is to present an overview on the current status of SiMoCo (Sistema de Monitoramento Costeiro, or Coastal Monitoring System in English) project as a possible early warning system that can be integrated to the Brazilian Coastal Management Information System. This prototype platform provides a real-time access to the composition, organization and simulation of planktonic communities. First, our results demonstrate such a system detecting a target dinoflagellate; second, we apply structural and functional indexes to compare and characterize the ecological networks from two different coastal areas. Conclusions are made about SiMoCo’s feasibility and its possible contribution to the decision-making process within integrated coastal zone management (ICZM) strategies.     

The Coastal Barrier Resources Act: Has It Discouraged Coastal Development?

Despite an effort by Congress to design a market-based public policy to limit development on certain coastal barriers and protect the federal treasury from paying for recovery from expensive natural disasters, growth continued on these shifting sands. In enacting the Coastal Barrier Resources Act, federal policymakers may have overlooked the key role of state and local governments, as well as the role of local developers, landowners, and realtors in shaping development on coastal barriers. By itself, the act will not prevent development. In fact, it appears that development in areas designated under the act will occur if (1) development pressure is strong enough to overcome the disincentives posed by the act, and (2) state and local governments facilitate development. For example, a local government may substitute its own subsidies for those withdrawn by the federal government. Nothing in the act prevents this from occurring. This article examines the key forces affecting development in areas designated under the Coastal Barrier Resources Act (CBRA) and seeks to explain why development has occurred in some designated areas, despite the withdrawal of federal subsidies. Using case studies of selected coastal barriers designated by the act, as well as surveys of state coastal managers and key informants, the research shows that the Coastal Barrier Resources Act, by itself, will not prevent development from occurring in the designated coastal areas.