N.J. Admin. Code § 7:7-9.40

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-9.40 - Excluded Federal lands

(a) Excluded Federal lands are those lands, the use of which is, by law, subject solely to the discretion of or held in trust by the Federal Government, its officers or agents. These lands are excluded from the coastal zone as required by Section 304 of the Federal Coastal Zone Management Act.

1. The list of excluded Federal lands is found in the New Jersey Coastal Management Program, Final Environmental Impact Statement, August 1980, page 370.

(b) Federal actions on excluded Federal lands that affect any land or water use, or natural resource of the coastal zone shall be consistent with the Coastal Zone Management rules to the maximum extent practicable. The effects on the land or water use or natural resource maybe direct, indirect, cumulative, secondary or reasonably foreseeable effects.

(c) Rationale: Although the Federal Coastal Zone Management Act excludes from the coastal zone those lands, the use of which is solely subject to the discretion of or held in trust by the Federal Government, the Federal Coastal Zone Management Act requires that actions of Federal agencies within or outside of the coastal zone that affect any land or water use or natural resource of the coastal zone be carried out in a manner that is consistent to the maximum extent with the state's approved coastal management program. Federal consistency is a method of ensuring protection of coastal resources through the coastal management policies of states and by assisting states in managing coastal uses and resources. Federal consistency can help protect entire ecosystems as well as individual resources and uses.

N.J. Admin. Code § 7:7-9.40

Renumbered from 7:7E-3.42 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018