Or. Admin. Code § 660-035-0030 - Consistency for Federal Agency Activities

(1) When reviewing a federal agency activity or development project for consistency to the maximum extent practicable with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart C.

(2) For review of a consistency determination submitted by a federal agency for a federal agency activity or federal development project, the federal agency must submit to the department the information described in 15 CFR § 930.39(a).

(a) Although 15 CFR § 930.37 limits state authority to require National Environmental Policy Act (NEPA) documents for federal consistency review purposes, a federal agency may mutually agree with the department to rely on information contained in NEPA documents or other project documents to provide some of the comprehensive data and information sufficient to support the federal agency's consistency statement under 15 CFR § 930.39(a).

(b) A federal agency may elect to rely on information contained in NEPA documents or other project documents to demonstrate consistency to the maximum extent practicable with the enforceable policies of the OCMP. If relying on NEPA documents or other project documentation, the federal agency must clearly demonstrate how the materials support a finding of consistency with OCMP enforceable policies.

(3) The department shall provide for public participation consistent with the provisions of 15 CFR § 930.42. The department will:

(a) Maintain a mailing list of interested parties;

(b) Notify interested parties when the department is reviewing federal agency activities or development projects for consistency with the OCMP; and

(c) Solicit comments that address the consistency of the proposed federal activity or development project with applicable elements of the OCMP.

(4) Evidence supporting consistency for a federal agency activity or development project: Federal agencies are not required to file applications for state and local permits and other authorizations unless required to do so by provisions of federal law other than the CZMA. However, federal agencies are required to demonstrate that the proposed activity is consistent to the maximum extent practicable with the applicable state and local enforceable policies underlying the permits. While federal agencies are not required to apply for state and local permits and other authorizations otherwise required by enforceable policies, where federal law authorizes a federal agency to do so the department will consider such applications when determining whether the federal activity or development project is consistent with the enforceable policies underlying the permit or authorization.

Notes

Or. Admin. Code § 660-035-0030

LCDC 7-1988, f. & cert. ef. 9-29-88; LCDD 8-2012, f. & cert. ef. 6-15-12

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 196.435