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Federal Consistency

Federal Consistency Authority

One of the incentives for state participation in the Coastal Zone Management Act is the federal consistency authority. The authority includes a review process that coastal states with federally approved coastal programs undertake, every time a federal activity is proposed in that state's Coastal Zone. The review process is usually triggered under three circumstances; when the federal activity is proposed by a federal agency, when a federal permit is needed for a proposed project, or when a project receives federal assistance (e.g. funding). The process assists early coordination between the state and a federal agency planning an activity that may affect coastal resources and uses. Learn more about the federal consistency review process.

Where Does Federal Consistency Apply?

Federal consistency applies to any project that affects a coastal use or resource, whether inside or outside of the coastal zone boundary. However, there are specific rules that apply to areas outside of the coastal zone boundary. Areas outside of the coastal zone must be within a designated geographic location description (GLD).

Learn more about where the federal consistency review process applies and Oregon's only designated GLD regarding marine renewable energy.

Enforceable Policies of the Program

The Oregon Coastal Management Program (Program) is made up of 42 partners at the county and city level and 11 state agency partners. Each local entity has documents governing how they operate and guiding how they administer land use in their community. Each state agency has chapters of statutes guiding operations and helping them administer state law. These documents include comprehensive plans and land use regulations, state statutes, and statewide planning goals. DLCD incorporates the documents in their entirety into the Program.
 
Within the various statutes, goals, plans, and ordinances only certain elements meet the criteria to be used for federal consistency review. These special policies are called enforceable policies. A legal definition of enforceable policies is available in the federal regulations. See a list of the Program's enforceable policies.

Information about the Jordan Cove Energy Project

DLCD is reviewing two major federal permits/licenses needed for the proposed project: the Army Corps Section 404/Section10 permit and the Federal Energy Regulatory Commission's energy siting certificate. The applicant for the proposed project submitted an application on April 12, 2019. DLCD has 30 days to review the application for completeness.The applicable enforceable policies for the proposed project have been identified, however are subject to change as additional information becomes available.

An opportunity to comment on whether the project is consistent with Program enforceable policies will occur after the application is determined to be complete. If you would like to receive the Public Notice, please join our federal consistency listserv. Please see this summary of the process and what to expect.

The Oregon Department of Energy maintains current information on the most recent actions related to the Jordan Cove Energy Project.

Related Resources

Guidance for Federal Action Agencies

Guidance for Federal Permit Applicants

Public Notices and Comment Opportunities

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