Hey You! Get off of my dune: Laws and Hey You! Get off of my dune: Laws and Regulations pertinent to coastal barriersRegulations pertinent to coastal barriers

Gina Panasik and Ethan EsteyGina Panasik and Ethan Estey

During the presentation....During the presentation....

• No opening of pretzel bags (Doug)No opening of pretzel bags (Doug)

• No questions until after the presentation No questions until after the presentation (Dr. Hosier)(Dr. Hosier)

• Everyone else try to keep your eyes openEveryone else try to keep your eyes open

Why is it important to protect Why is it important to protect barrier islands or coastal barriers?barrier islands or coastal barriers?

• PROTECTIONPROTECTION

• PROTECTIONPROTECTION

• PROTECTIONPROTECTION

Coastal barriers are the first line of Coastal barriers are the first line of defense protecting the mainland defense protecting the mainland

from major storms and hurricanesfrom major storms and hurricanes

Coastal barriers protect mainland Coastal barriers protect mainland lagoons, wetlands and salt marshes from:lagoons, wetlands and salt marshes from:

• windwind

• waveswaves

• tidal energytidal energy

Coastal barriers also protect natural Coastal barriers also protect natural and coastal resourcesand coastal resources

• Protect and maintain the wetlands and Protect and maintain the wetlands and estuaries essential to the survival of estuaries essential to the survival of innumerable speciesinnumerable species

• Fish (primary nursery)Fish (primary nursery)

• Waterfowl and migratory birdsWaterfowl and migratory birds

Six Characteristics that define Coastal Six Characteristics that define Coastal Barriers:Barriers:

• Coastal barriers subject to impacts of coastal storms and Coastal barriers subject to impacts of coastal storms and sea level risesea level rise

• Buffer the mainland from impact of stormsBuffer the mainland from impact of storms

• Many protect and maintain estuaries which support the Many protect and maintain estuaries which support the nations fishing and shell fishing industriesnations fishing and shell fishing industries

• Most consist primarily of unconsolidated sedimentsMost consist primarily of unconsolidated sediments

• Subject to wind, wave, and tidal energySubject to wind, wave, and tidal energy

• Include associated landward aquatic habitats which the Include associated landward aquatic habitats which the fastland (non-wetland) portion of the coastal barrier fastland (non-wetland) portion of the coastal barrier protects from direct wave attackprotects from direct wave attack

Six general types of coastal barriers:Six general types of coastal barriers:• Bay barriers- coastal Bay barriers- coastal barriers that connect two barriers that connect two headlands and enclose a headlands and enclose a pond, marsh, or other pond, marsh, or other aquatic habitataquatic habitat

•Tombolos- sand or Tombolos- sand or gravel beaches that gravel beaches that connect one or more connect one or more offshore islands to each offshore islands to each other or the mainlandother or the mainland

• Barrier spits- barriers Barrier spits- barriers that extend into open that extend into open water and are attached water and are attached to mainland by only one to mainland by only one endend

•Barrier Islands- barriers Barrier Islands- barriers completely detached from the completely detached from the mainlandmainland

• Dune or beach barriers- sand Dune or beach barriers- sand dunes or hills or sand formed by dunes or hills or sand formed by wind that protect landward wind that protect landward aquaticaquatic

• Fringing mangroves- Fringing mangroves- tropical/subtropical areas of tropical/subtropical areas of mangrove stands along shore in mangrove stands along shore in low energy arealow energy area

Six general types of coastal barriers:Six general types of coastal barriers:

DevelopmentDevelopment

• Decreases the coastal barriers ability to Decreases the coastal barriers ability to absorb the force or storms and absorb the force or storms and buffer the mainlandbuffer the mainland

• Increases the rate of erosionIncreases the rate of erosion

• Causes loss of habitatCauses loss of habitat

DevelopmentDevelopment

• From 1960- 1990 the population of From 1960- 1990 the population of coastal areas in the US increased from coastal areas in the US increased from 80 million to 110 million80 million to 110 million

• It is projected to reach over 160 It is projected to reach over 160 million by the year 2015million by the year 2015

Solution: Implement laws to protect Coastal Solution: Implement laws to protect Coastal BarriersBarriers

• Three major acts/laws that dealt Three major acts/laws that dealt specifically with coastal barriersspecifically with coastal barriers

Omnibus Budget Reconciliation Act- 1981Omnibus Budget Reconciliation Act- 1981

• Amended the National Flood Insurance Amended the National Flood Insurance Act of 1968Act of 1968

• Prohibited the issuance of new federal Prohibited the issuance of new federal flood insurance after Oct. 1, 1983 “for any flood insurance after Oct. 1, 1983 “for any new construction or for substantial new construction or for substantial improvements of structures located on improvements of structures located on undeveloped coastal barriers.”undeveloped coastal barriers.”

Coastal Barrier Resources ActCoastal Barrier Resources Act

• Legislation directed the Secretary of the Legislation directed the Secretary of the Interior to designate coastal barriers Interior to designate coastal barriers under the definition contained in the under the definition contained in the Omnibus Budget ActOmnibus Budget Act

• October 18, 1982- Congress passed the October 18, 1982- Congress passed the CBRACBRA

CBRA- 1982CBRA- 1982

• Designated undeveloped coastal barriers for Designated undeveloped coastal barriers for inclusion into the Coastal Barrier Resources inclusion into the Coastal Barrier Resources System- often just referred to as the “System”System- often just referred to as the “System”

• These areas were designated by mapsThese areas were designated by maps

• Used things such as GIS mapping to determine Used things such as GIS mapping to determine flood zonesflood zones

• All areas assigned were made ineligible for direct All areas assigned were made ineligible for direct or indirect Federal Financial Assistanceor indirect Federal Financial Assistance

CBRA- 1982CBRA- 1982• Originally consisted of 186 units Originally consisted of 186 units totaling 666 miles of shoreline and totaling 666 miles of shoreline and 452,834 acres of undeveloped, 452,834 acres of undeveloped, unprotected coastal barriers on the unprotected coastal barriers on the Atlantic and Gulf of Mexico coastsAtlantic and Gulf of Mexico coasts

CBRA- 1982CBRA- 1982

• Purpose of CBRA was to eliminate federal Purpose of CBRA was to eliminate federal development incentives on undeveloped development incentives on undeveloped coastal barriers, thereby preventing the loss coastal barriers, thereby preventing the loss of human life and property from storms, of human life and property from storms, minimizing federal expenditures, and minimizing federal expenditures, and protecting habitat for fish and wildlifeprotecting habitat for fish and wildlife

• DOES NOT restrict the use of coastal DOES NOT restrict the use of coastal barriers for private propertybarriers for private property

Federal AssistanceFederal Assistance

• CBRA restricts the availability of any CBRA restricts the availability of any new federal assistance to develop propertynew federal assistance to develop property

• Specifically, no new federal flood Specifically, no new federal flood insurance can be issued for properties insurance can be issued for properties located on System unitslocated on System units

• Properties already existing within the Properties already existing within the System remain in force, however if the System remain in force, however if the property is damaged, it cannot be rebuilt property is damaged, it cannot be rebuilt with federal flood assistance if the cost of with federal flood assistance if the cost of rebuilding is more than 50% of the value of rebuilding is more than 50% of the value of the propertythe property

Federal AssistanceFederal Assistance

• Additionally, prohibits most new federal Additionally, prohibits most new federal expenditures and financial assistance within expenditures and financial assistance within the System if encourage developmentthe System if encourage development

• Construction of new federal highwaysConstruction of new federal highways

• Beach renourishmentBeach renourishment

• Disaster reliefDisaster relief

• Flood controlFlood control

Great Lakes Coastal Barrier Act of 1988Great Lakes Coastal Barrier Act of 1988

• Secretary of the Interior recommended for Secretary of the Interior recommended for inclusion into the System 112 Great lakes units inclusion into the System 112 Great lakes units totaling 30, 150 acrestotaling 30, 150 acres

• Required that maps be prepared, but could not Required that maps be prepared, but could not include areas that were publicly owned or include areas that were publicly owned or protected by nonprofit organizationsprotected by nonprofit organizations

• Also, highways in Michigan were exempt from Also, highways in Michigan were exempt from limitations on Federal expenditureslimitations on Federal expenditures

Coastal Barrier Improvement Act of 1990Coastal Barrier Improvement Act of 1990• System expanded to include other units along the System expanded to include other units along the Great Lakes, Puerto Rico, the Florida Keys, the Great Lakes, Puerto Rico, the Florida Keys, the Virgin Islands, and secondary barrier within large Virgin Islands, and secondary barrier within large embaymentsembayments

• Also provided for automatic inclusion of Also provided for automatic inclusion of undeveloped coastal barriers that are excess Federal undeveloped coastal barriers that are excess Federal propertiesproperties

• Route 1 in Florida Keys and Michigan highways Route 1 in Florida Keys and Michigan highways exempt from funding prohibition; South Padre exempt from funding prohibition; South Padre Island has limited exemptionIsland has limited exemption

• System now comprised of 3 million acres and 2,500 System now comprised of 3 million acres and 2,500 miles of shorelinemiles of shoreline

Keeping up with the “System”Keeping up with the “System”

• At least once every 5 years the Secretary must At least once every 5 years the Secretary must review the maps and make appropriate changes such review the maps and make appropriate changes such as changing of boundariesas changing of boundaries

• New units can be recommended at the state level for New units can be recommended at the state level for inclusion into the Systeminclusion into the System

• Certain things are exempt from federal prohibition Certain things are exempt from federal prohibition of funding i.e. existing navigation channels, scientific of funding i.e. existing navigation channels, scientific research, military activities, Coast Guard facilities, research, military activities, Coast Guard facilities, etc.etc.

Bruce Babbitt- Secretary of DOIBruce Babbitt- Secretary of DOI

CBRA is the biggest law affecting CBRA is the biggest law affecting the coastal barriers, but what else is the coastal barriers, but what else is

there?there?

• Originally enacted in 1948, revised in 1972Originally enacted in 1948, revised in 1972

• Authorizes Environmental Protection Agency (EPA) to Authorizes Environmental Protection Agency (EPA) to set effluent pollution limits for point source pollution set effluent pollution limits for point source pollution discharging into the waters of the United Statesdischarging into the waters of the United States

• “ “waters of the United States” a broad waters of the United States” a broad definition to include wetlandsdefinition to include wetlands

• CWA does not apply to agricultural nonpoint source CWA does not apply to agricultural nonpoint source pollutionpollution

Clean Water ActClean Water Act

Important Sections of CWAImportant Sections of CWA

Section 208 and 303Section 208 and 303

• Provides framework for addressing nonpoint Provides framework for addressing nonpoint source pollution(NSP)source pollution(NSP)

• State and local governments analyze NSP and State and local governments analyze NSP and develop water quality management programdevelop water quality management program

• Plans are evaluated, states provide statewide Plans are evaluated, states provide statewide plans for point and nonpoint source pollution plans for point and nonpoint source pollution managementmanagement

• Funds for the states are provided by EPA under Funds for the states are provided by EPA under section 208 section 208

Section 319/ Nonpoint Source Pollution ProgramSection 319/ Nonpoint Source Pollution Program

• 1987 amendment to CWA establishes national program to 1987 amendment to CWA establishes national program to control nonpoint sources of water pollutioncontrol nonpoint sources of water pollution

Section 401/ Water Quality Certification for Dredge Section 401/ Water Quality Certification for Dredge and Filland Fill

• Certification required to discharge dredge and fill materials Certification required to discharge dredge and fill materials into US watersinto US waters

• Goal is to keep activities consistent with national water quality Goal is to keep activities consistent with national water quality standards and practicesstandards and practices

Section 402/ National Pollutant Discharge Section 402/ National Pollutant Discharge Elimination System Permit ProgramElimination System Permit Program

• Apply for permit according to pollution levelApply for permit according to pollution level

Section 404/ Dredge Materials into US Section 404/ Dredge Materials into US WatersWaters

• Requires and regulates permits for discharge of dredge and fill Requires and regulates permits for discharge of dredge and fill material into surface water, tributaries, or their adjacent material into surface water, tributaries, or their adjacent wetlandswetlands

• Administered by Army Core of Engineers (ACOE) and EPAAdministered by Army Core of Engineers (ACOE) and EPA

• Under requirements for permit applicant must demonstrate the Under requirements for permit applicant must demonstrate the followingfollowing

1. There are no practicable alternatives1. There are no practicable alternatives

2. That threatened or endangered species will not be 2. That threatened or endangered species will not be eliminated or water quality standards violatedeliminated or water quality standards violated

3. No significant degradation of water will result3. No significant degradation of water will result

4. The impacts of any necessary discharge are minimized4. The impacts of any necessary discharge are minimized

Coastal Zone Management ActCoastal Zone Management Act

• Passed in 1972 in response to threats on our oceans and Passed in 1972 in response to threats on our oceans and coastlinescoastlines

• Purpose is to protect the water quality in our coastal zonePurpose is to protect the water quality in our coastal zone

• Administered by NOAAAdministered by NOAA

• Unique Feature of CZMA is participation is voluntaryUnique Feature of CZMA is participation is voluntary

• To encourage participation CZMA makes federal To encourage participation CZMA makes federal financial assistance available to coastal states who financial assistance available to coastal states who develop and implement a coastal management programdevelop and implement a coastal management program

• Led to the creation of three important coastal programsLed to the creation of three important coastal programs

1. Coastal Zone Management 1. Coastal Zone Management ProgramProgram

2. National Estuarine 2. National Estuarine Research Reserve SystemResearch Reserve System

3. National Marine Sanctuaries 3. National Marine Sanctuaries ProgramProgram

Office of the Coastal Resource ManagementOffice of the Coastal Resource Management

• CZMA created a partnership between OCRM and state and CZMA created a partnership between OCRM and state and territorial governmentsterritorial governments

• This leaves day to day management decisions at the state This leaves day to day management decisions at the state levellevel

•33 states/21 reserves33 states/21 reserves

• OCRM oversees programs in all coastal states except OCRM oversees programs in all coastal states except Georgia, Illinois, Indiana, Minnesota, Texas, and OhioGeorgia, Illinois, Indiana, Minnesota, Texas, and Ohio

• These nonparticipating states are currently developing These nonparticipating states are currently developing programs except for Indiana and Illinoisprograms except for Indiana and Illinois

• State with OCRM approved program can deny or restrict State with OCRM approved program can deny or restrict any development that is inconsistent with its coastal zone any development that is inconsistent with its coastal zone management program management program

Coastal Zone Management ProgramCoastal Zone Management Program

• State federal partnership leaves day to day decisions State federal partnership leaves day to day decisions at the state levelat the state level

• Currently 99.9% of the shoreline are managed by the Currently 99.9% of the shoreline are managed by the program (Indiana/Illinois)program (Indiana/Illinois)

• Administered at the federal level by the Coastal Administered at the federal level by the Coastal Programs Division. CPD also supports states throughPrograms Division. CPD also supports states through

1. Financial assistance1. Financial assistance

2. Mediation2. Mediation

3. Technical services and information (public 3. Technical services and information (public access, dredging, federal consistency with state access, dredging, federal consistency with state policies...)policies...)

Three major themes of the CZMPThree major themes of the CZMP

1. Sustain Coastal Communities1. Sustain Coastal Communities

2. Sustain Coastal Ecosystems2. Sustain Coastal Ecosystems

3. Improve Government Efficiency3. Improve Government Efficiency

National Estuarine Research Reserve SystemNational Estuarine Research Reserve System• System consists of laboratories to study estuaries System consists of laboratories to study estuaries and find ways to improve their health in nearly and find ways to improve their health in nearly 440,000 acres of US land and water440,000 acres of US land and water

• Partnership of state, federal, and community Partnership of state, federal, and community authoritiesauthorities

• Each reserve studies coastal ecosystems and Each reserve studies coastal ecosystems and researchesresearches

1. How humans impact them1. How humans impact them

2. Methods for improving 2. Methods for improving

their conditiontheir condition

National Marine SanctuaryNational Marine Sanctuary

• Goal is to preserve marine Goal is to preserve marine heritage through conserving heritage through conserving endangered species and endangered species and habitathabitat

• Area of protection includes Area of protection includes over 18,000 miles of ocean over 18,000 miles of ocean and coastal watersand coastal waters

• Increase knowledge through Increase knowledge through research and lessen the research and lessen the chances of events like oil chances of events like oil spills and ship groundingsspills and ship groundings

Amendments and Sections of CZMAAmendments and Sections of CZMA

Section 6217 Nonpoint Source PollutionSection 6217 Nonpoint Source Pollution

• Amended in 1990 to address nonpoint source pollutionAmended in 1990 to address nonpoint source pollution

• Requires states with approved coastal zone Requires states with approved coastal zone management programs to implement NPS control management programs to implement NPS control programsprograms

• Failure to do so results in loss of funding under Sec. 319 Failure to do so results in loss of funding under Sec. 319 CWA and 306 CZMACWA and 306 CZMA

• Programs are applicable to entire coastline excluding Programs are applicable to entire coastline excluding areas subject to new stormwater regulationsareas subject to new stormwater regulations

Sections Involving Energy Related Sections Involving Energy Related ActivitiesActivities

• Amendments to the CZMA impact many of the Department Amendments to the CZMA impact many of the Department of Exterior’s Activities (dealing specifically with NPS)of Exterior’s Activities (dealing specifically with NPS)

Section 306(d)(2)(H)Section 306(d)(2)(H)

• Requires state management programs to anticipate Requires state management programs to anticipate impacts from energy related facilities such as nuclear power impacts from energy related facilities such as nuclear power plants, refineries, deepwater facilities, pipelines....plants, refineries, deepwater facilities, pipelines....

• Exemption lies in section 307(c)(1)(b) which states that:Exemption lies in section 307(c)(1)(b) which states that:

• Energy related activities may be eligible for exemption for Energy related activities may be eligible for exemption for compliance with state programs if president determines that compliance with state programs if president determines that exemption is in significant interest of United Statesexemption is in significant interest of United States

Section 307 (c)(1)(A)/ Coordination and Section 307 (c)(1)(A)/ Coordination and CooperationCooperation

• Each federal agency within or outside the coastal Each federal agency within or outside the coastal zone shall be carried out in a manner which is zone shall be carried out in a manner which is consistent to the maximum extent practicable with consistent to the maximum extent practicable with the enforceable policies of approved state the enforceable policies of approved state management programsmanagement programs

• DOE must review its activities and and decide DOE must review its activities and and decide which “directly affect” states with approved coastal which “directly affect” states with approved coastal management programsmanagement programs

• States don’t have the power to stop DOE activities/ States don’t have the power to stop DOE activities/ response within 45 leads to mediation by Secretary response within 45 leads to mediation by Secretary of Commerce on state DOE disagreements involving of Commerce on state DOE disagreements involving consistency determination issuesconsistency determination issues

• Problem lies with discrepancy on what directly Problem lies with discrepancy on what directly affects the coastal zoneaffects the coastal zone

• Until states develop better management programs Until states develop better management programs involving nonpoint source pollution control DOE’s involving nonpoint source pollution control DOE’s compliance with state consistency determination are compliance with state consistency determination are expected to be minimalexpected to be minimal

Section 307 (c)(1)(A)/ Coordination and Section 307 (c)(1)(A)/ Coordination and Cooperation Cont.Cooperation Cont.

Other Important Agencies and ActsOther Important Agencies and Acts

Army Corps of Engineers (ACOE)Army Corps of Engineers (ACOE)

• Engineering and water resources development agency Engineering and water resources development agency that primarily manages wetlands and waterwaysthat primarily manages wetlands and waterways

• ACOE issues permits for:ACOE issues permits for:

• Disposal of fill materials into US waters or wetlandsDisposal of fill materials into US waters or wetlands

• Projects including construction of piers, docks, and Projects including construction of piers, docks, and rampsramps

• Projects including dredging and disposal activities Projects including dredging and disposal activities in navigable waterwaysin navigable waterways

• Disposal of materials into ocean watersDisposal of materials into ocean waters

ACOE ProgramsACOE Programs

Programs include navigation,Programs include navigation,

flood control, flood plainflood control, flood plain

management, beachmanagement, beach

restoration and protection,restoration and protection,

hurricane and flood protection,hurricane and flood protection,

water quality control....water quality control....

US Fish and Wildlife ServiceUS Fish and Wildlife Service

• Helps conserve coastal resources by working in partnership Helps conserve coastal resources by working in partnership with Fed/State/Local/and private organizationwith Fed/State/Local/and private organization

• US FWS National Coastal Wetlands Conservation GrantUS FWS National Coastal Wetlands Conservation Grant

• Program established in 1990 by Coastal Wetlands Program established in 1990 by Coastal Wetlands Planning, Protection, and Restoration ActPlanning, Protection, and Restoration Act

• Grants are provided to states for acquisition, Grants are provided to states for acquisition, restoration, or enhancement of coastal wetlands/ $10 restoration, or enhancement of coastal wetlands/ $10 million awarded annuallymillion awarded annually

• Funds based on ranking factors developedFunds based on ranking factors developed by serviceby service

National Environmental Policy ActNational Environmental Policy Act• Goal is the protection, enhancement, and maintenance Goal is the protection, enhancement, and maintenance for environmentfor environment

• All federal agencies must consider impacts on All federal agencies must consider impacts on environment through preparation of Environmental environment through preparation of Environmental Impact StatementImpact Statement

• Incorporate environmental considerations into their Incorporate environmental considerations into their planning, decision making, and actionsplanning, decision making, and actions

Clean Vessel Act 1992Clean Vessel Act 1992

• Reduce pollution from vessel sewage dischargeReduce pollution from vessel sewage discharge

1. Most laws pertaining to barrier islands are 1. Most laws pertaining to barrier islands are Federal (CWA, CBRA, etc), however the CZMA Federal (CWA, CBRA, etc), however the CZMA relies on a complex interaction where the federal relies on a complex interaction where the federal government oversees the big picture leaving day to government oversees the big picture leaving day to day decisions in the hands of the state.day decisions in the hands of the state.

2. Many of the laws that affect barrier islands 2. Many of the laws that affect barrier islands aren’t specific to them. It is through controlling aren’t specific to them. It is through controlling factors such as pollution and coastal development factors such as pollution and coastal development that the laws pertainthat the laws pertain

3. Problem with legislation is inability to agree on 3. Problem with legislation is inability to agree on definition of terms ex. significant, directly, definition of terms ex. significant, directly, wetlandswetlands

SummarySummary

ReferencesReferences

www.fws.gov/laws/digest/reslaws/coasbar.html

www.chie.org/nie/mar-20/n.html

www.senate.gov/~smith/09272000fl.html

www.doi.gov

www.fws.gov

www.swell.com

www.fema.gov