Coastal Management Law and Policy
Introduction
Marine and freshwater shoreline areas in the National Park System contain some of the most biologically sensitive and productive habitats on earth. Yet despite their importance, many of these shoreline habitats and associated resources are declining in quantity, quality, and variety. Increases in tourism, overfishing, habitat loss, pollution, and other human-induced disturbances have degraded habitat quality and depressed populations of virtually all shoreline species to historically low levels. Each year parks experience a substantial increase in visitation to shoreline areas. The increase in visitation and accompanying shoreline recreation and development are resulting in direct, secondary, and cumulative impacts to NPS shorelines.
Policy
NPS Management Policies relating to shorelines are as follows.
4.8.1.1 Shorelines and Barrier Islands
Natural shoreline processes (such as erosion, deposition, dune formation, overwash, inlet formation, and shoreline migration) will be allowed to continue without interference.
Where human activities or structures have altered the nature or rate of natural shoreline processes, the Service will, in consultation with appropriate state and federal agencies, investigate alternatives for mitigating the effects of such activities or structures and for restoring natural conditions. The Service will comply with the provisions of Executive Order 11988 (Floodplain Management) and state coastal zone management plans prepared under the Coastal Zone Management Act of 1972.
Any shoreline manipulation measures proposed to protect cultural resources may be approved only after an analysis of the degree to which such measures would impact natural resources and processes, so that an informed decision can be made through an assessment of alternatives.
Where erosion control is required by law, or where present developments must be protected in the short run to achieve park management objectives, including high-density visitor use, the Service will use the most effective and natural-appearing method feasible, while minimizing impacts outside the target area.
New developments will not be placed in areas subject to wave erosion or active shoreline processes unless (1) the development is required by law; or (2) the development is essential to meet the park's purposes, as defined by its establishing act or proclamation, and
- No practicable alternative locations are available;
- The development will be reasonably assured of surviving during its planned life span, without the need for shoreline control measures; and
- Steps will be taken to minimize safety hazards and harm to property and natural resources."
This policy has gone through considerable evolution since the establishment of the first NPS seashore on Cape Hatteras in 1938. Initially on Cape Hatteras, the National Park Service agreed to protect and maintain a line of barrier dunes constructed by the Civilian Conservation Corps in the 1930s. During the two decades after the initial land acquisition in 1952, more than $20 million were spent to build sand fences, to plant native vegetation, and to bulldoze, dredge, and pump sand in a losing battle of stabilizing the beaches and dunes. The massive attempts of stabilization were finally abandoned in the early 1970s in favor of a more dynamic approach that allowed nature to take its course. However, shoreline erosion at the Seashore continues, as does the U.S. Army Corps of Engineers' annual maintenance dredging of a federally-authorized navigation channel through the Seashore's Oregon Inlet. Thus, the value and necessity of an adaptable NPS shoreline management policy remains ever apparent.
The federal authorities governing NPS shoreline management are summarized below.
The Coastal Zone Management Act of 1972 requires federal agency participation in the development of coastal states' coastal zone management programs. The Coastal Zone Management Act also requires federal agencies to prepare a consistency determination for every federal agency activity within or outside the coastal zone that affects land or water use or natural resources of the coastal zone. A consistency determination indicates that the federal activities are consistent with the enforceable parts of the state programs. The Coastal Zone Management Act additionally authorizes research funds for states, some of which are expended in park units. To carry out NPS functions pursuant to the Coastal Zone Management Act, NPS staff need to be familiar with state coastal zone management programs and policies and to interact with state officials.
For projects such as beach nourishment and dredging that require compliance with Section 404 of the Clean Water Act and with the Rivers and Harbors Appropriation Act of 1899, park units are required by law to consult with the Army Corps of Engineers and the state, which usually have a joint application. Parks should also coordinate closely with the sponsors of non-NPS projects. The Water Resources Division or the Geologic Resources Division can be consulted for assistance in coordinating with the Army Corps on compliance issues.
Under the Coastal Barrier Improvement Act of 1990, federal flood insurance is no longer provided to privately-owned structures located in otherwise undeveloped coastal barrier areas in park units unless the structures or facilities were completed before November 16, 1991, or unless the NPS certifies that the structure is used in a manner consistent with park purposes. The purpose of the Coastal Barrier Improvement Act is to discourage further development of coastal barrier areas. The Coastal Barrier Improvement Act amends the Coastal Barrier Resources Act and the National Flood Insurance Act of 1968.
The Endangered Species Act of 1973 is often invoked in shoreline issues. Because shorelines provide habitat to numerous threatened and endangered species, NPS day-to-day and project-oriented management of shorelines may be shaped by Endangered Species Act considerations.
Park units with shorelines may additionally be affected by several Executive Orders. For example, Executive Order 13089: Coral Reef Protection (63 Fed. Reg. 32701, June 16, 1998), addresses coral reef protection. Among other things, this Executive Order calls for research aimed at identifying the major causes and consequences of degradation of coral reef ecosystems, for reduction of impacts to coral reefs, and for coral reef restoration.
Another relevant Executive Order requires the protection of "marine protected areas" (MPA's). Executive Order 13158: Marine Protected Areas, 65 Fed. Reg. 34909 (May 31, 2000) defines MPA's as any area of the marine environment that has been reserved by Federal, State, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein. The Executive Order requires the Secretaries of Commerce and the Interior to publish and maintain a list of MPA's. The E.O. also requires every federal agency to identify its actions that affect the natural or cultural resources that are protected by an MPA, and, to the extent permitted by law and the maximum extent practicable, avoid harming these resources. Federal agencies must also annually publish a report describing its efforts to implement the E.O. A website containing the annual reports and information about MPA's must also be established and maintained by the Secretaries of Commerce and the Interior.
Two additional Executive Orders that may be applicable for park units with shorelines are Executive Order 11990: Protection of Wetlands, 42 Fed. Reg. 26961 (May 24, 1977) and Executive Order 11988: Floodplain Management. Executive Order 11990 requires Federal agencies to minimize the destruction or degradation of wetlands, and to avoid undertaking new construction located in wetlands unless they find there is no practicable alternative to such construction. Executive Order 11988 requires Federal agencies to avoid, to the extent possible, the long and short term adverse impacts associated with the occupancy and modification of floodplains.
In addition to federal authorities, state laws and regulations may govern NPS shoreline areas.
If you would like to refer directly to any of the laws and or regulations cited on this page they can be found accessed through the following websites.
To retrieve federal regulations visit:
http://www.gpoaccess.gov/cfr/retrieve.html
To retrieve codified laws visit:
http://uscode.house.gov/search/criteria.shtml
Roles and Responsibilities
The Director of the National Park Service establishes and approves servicewide shoreline policies and standards. The Director is ultimately responsible for establishing programs that conserve National Park System shorelines unimpaired for the enjoyment of future generations, and ensuring that such programs are in compliance with directives, policies, regulations, and laws.
The Associate Director, Natural Resource Stewardship and Science (ADNRSS), has functional authority, through the Geologic Resources Division and the Water Resources Division, for developing policies and standards for the Director's approval; providing policy oversight of NPS shoreline programs, including evaluating the results of field performance in complying with directives, policies, and laws; providing direct assistance to parks in specific program areas; and administering shoreline programs for which the ADNRSS has direct authority.
The Geologic Resources Division and the Water Resources Division, as part of the Natural Resources Program Center, implement the Associate Director's authority by providing scientific and policy advice to parks for internal and external management actions; assisting with park planning regarding shoreline processes; assisting parks in designing research and resource management projects including restoration projects; interpreting shoreline policies, regulations, and guidelines; formulating servicewide shoreline standards, policies, and regulations; and developing and promulgating methods, procedures, and guidelines to help parks conduct effective shoreline programs.
The regional director, through or with the assistance of an assistant or associate regional director, assists parks in interpreting NPS guidance; identifying parks' technical and science needs; determining funding sources and setting up cooperative agreements; and concurring in park recommendations for decisions and approving or denying projects.
Support office natural resource staff and/or cluster or regional natural resource program coordinators have responsibility for assisting parks in identification of needs; data collection and analysis; planning, program, and project development; and providing advice on shoreline scientific and management issues.
The superintendent is responsible for understanding the park's shorelines and their condition, and establishing and managing park shoreline programs and ensuring that they comply with directives, policies, and laws.
The park shoreline manager, on behalf of the superintendent, develops the park's shoreline-related goals and objectives; develops shoreline planning documents; determines the relationship of a "project" to enabling legislation with assistance of support and central offices, NPS guidance documents, and park planning documents, determines the scope of involvement for other agencies and partners, working with project sponsor; may develop the recommendation for decision and may approve or deny projects depending on the scope of project; and participates on local and regional boards and working groups.
Service centers, upon requests from a park, assist the park in determining the work that needs to be accomplished, and may perform certain tasks requisite for the environmental analysis and development of the decision document.
Because shoreline processes cross political boundaries, it is important for the NPS to communicate with other organizations, landowners, and agencies on shoreline management issues. The purpose of cooperation is to ensure that the NPS plays a prominent role in regional planning efforts, is informed early about proposed shoreline projects, and informs interested parties about its proposed projects. Interested parties include but are not limited to:
- the State Historic Preservation Officer,
- state and/or local environmental protection agencies,
- state coastal zone management authorities,
- state and local zoning authorities,
- various federal agencies,
- local historical societies,
- environmental groups, and
- community groups or associations.
References
Bascom, Willard. 1980. Waves and beaches, the dynamics of the ocean surface. Garden City, N.Y.: Anchor Press/Doubleday.
King, C.A.M. 1972. Beaches and coasts (2d ed.). New York: St. Martin's Press.
Leatherman, S.P. 1988. Barrier island handbook. College Park, MD: Univ. of Maryland Coastal Publications Series.
Simons, T.R. (ed.). 1995. Coastal park inventory and monitoring handbook. Technical Report NPS/SERNCSU/NTR-95/01. Atlanta: National Park Service.
Williams, S. Jeffress, Kurt Dodd, and Kathleen Krafft Gohn. 1991. Coasts in crisis. U.S. Geological Survey Circular 1075. Washington, D.C.: US Geological Survey.