Federal Consistency
Background:
Animportant element of the Coastal Zone Management program is "Federal Consistency". Stated in overly simplified terms, Federal Consistency conforms direct and indirect federal activities with state law to the extent practicable. Federal Consistency is a legal acknowledgement under federal law of the importance of respect for state law.
The Federal Consistency aspect of CZM is administered in Indiana as a networked program. The state agency responsible for the management of a particular regulatory program evaluates whether a federal activity is consistent with the laws administered by that agency. Upon the advice of the appropriate sister agency, the DNR (and NRC) makes Indiana's formal determination of Federal Consistency, subject to review by the U.S. Department of Commerce.
The Federal Consistency process is outlined in the LMCP Program Document (Part II Chapter 5 through Part VI pg 394 Chapter 11). The LMCP and partners developed a Nonrule Policy Document to further clarify the Federal Consistency process.
The Natural Resources Commission approved the original Nonrule Policy Document at its January 20, 2004 meeting. The document became effective on March 1, 2004. The LMCP made minor modifications to the original document and resubmitted it to the Commission for review and approval in January 2007. The Commission approved the modifications to the document.
Indiana LMCP Federal Consistency Nonrule Policy Document
Matrices of State Laws Applicable to Federal Consistency
Useful Links Related to Federal Consistency
Federal Consistency Review and Comments
Consistency Applications
Applications to demonstrate federal consistency do not require fee nor application form. The application must include information reasonably required to determine whether an activity would be compliant with state law. A federal consistency application is initiated when the LMCP receives this information for one of the following:
- A consistency determination from a federal agency conducting an activity.
- Indicate location of project (provide map), project start date and duration, and extent of work to be conducted onsite.
- Provide information for contact person including: name, title, mailing address, email address, phone and fax number.
- Letter should either state: "The proposed activity complies with Indiana's approved coastal management program and will be conducted in a manner consistent with such program" or "The proposed activity does not comply with Indiana's approved coastal management program"
- A copy of an application for a federal license, from the license applicant, accompanied by a federal consistency certification.
- Provide a copy of the application for a federal license or permit
- Provide information for contact person including: name, title, mailing address, email address, phone and fax number. Indicate location of project (provide map), project start date and duration, and extent of work to be conducted onsite.
- Letter should either state: "The proposed activity complies with Indiana's approved coastal management program and will be conducted in a manner consistent with such program" or "The proposed activity does not comply with Indiana's approved coastal management program."
- A copy of an application for federal financial assistance accompanied by a federal consistency certification.
- Copy of application for federal financial assistance (should indicate funding source drawn from and granting authority)
- Provide information for contact person including: name, title, mailing address, email address, phone and fax number.
- Indicate location of project (provide map), project start date and duration, and extent of work to be conducted onsite.
- Letter should either state: "The proposed activity complies with Indiana's approved coastal management program and will be conducted in a manner consistent with such program" or "The proposed activity does not comply with Indiana's approved coastal management program."
The letter should be sent to:
Federal Consistency Coordinator
Indiana Department of Natural Resources
402 W. Washington St., Room W267
Indianapolis, IN 46229
Or
Indiana LMCP Federal Consistency Register
All projects and proposed Federal agency actions requiring Federal Consistency determinations are posted to the LMCP Federal Consistency Register. The Register contains detailed description of proposed activities. Public comments are accepted during certain times in the review process.
