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7 q (0 Coastal,Zone i Information center 4) V1 Op. HT 392 H47 1975 Ho,,,7 COASTAL AREAS OF PARTICULAR CONCERN Part I: ELEVEN STATE APPROACHES Part II: AN APPROACH FOR CONNECTICUT Prepared for the COASTAL AREA MANAGEMENT PROGRAM DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF CONNECTICUT by David E. Hess August 1975 c coastal oas' r farea m Moo"? management 71 capitol nvent ie hartford, cot in. 06115 P R E F A C E This background report was prepared by environmental intern David Hess under the supervision of the staff of the Connecticut Coastal Area Management Program. The Massachusetts Audubon Society generously assisted in the support of Mr. Hess's intern- ship. The report was financed in part by a grant through the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration of the U.S. Department of Commerce under the Coastal Zone Management Act. of 1972. The report is meant to provide the information on administrative approaches to designation of areas of particular concern. Views or opinions herein are those of the author and are offered to provide insight and to stimulate discussion on these issues. The report does no-t necessarily reflect the policies, official or unofficial, of the Connecticut Coastal Area Management Program or Advisory Board. T A B L E 0 F C 0 N T E N T S PART I ACKNOWLEDGEMENTS .............................................. INTRODUCTION .... .............................................. STATE SUMMARIES- California ......................................... 1 Delaware ........................................... 6 Florida ............................................ 10 Illinois ........................................... . 27 Maine .............................................. 32 Maryland ........ .................................. 42 New York ........................................... 50 North Carolina ..................................... 54 Oregon ............................................ 62 Rhode Island ....................................... 66 Washington ......................................... 70 PART II .INTRODUCTION ................................................... BASIC PRINCIPLES ............................................... CONNECTICUT PROPOSAL .......................................... 2 STATE - CAM PROPOSAL COMPARISONS California ........................................ 7 Delaware .......................................... 8 Florida ........................................... 9 Illinois ........................................... 10 .Maine ............................................. 11 Maryland ................................ .......... 12 New York ........................................... 13 North Carolina ....................................... 14 Oregon ............................................. 15 Rhode Island ....................................... 16 Washington ........................................ 17 Acknowledgements The Connecticut Coastal Area Management Program wishes to thank all those who contributed to this report. We are especially grateful to those who provided in-house staff reports. This willingness to share ideas with others to promote productive discussion is appreciated. This report is a very good example of how coastal states are very eager to exchange ideas for mutual benefit. Introduction This paper is the result of a special survey of 29 coastal states conducted by the ConnecticUt'Coastal Area Management Program. It prov ides as summary of eleven state approaches to designating and managing geographic areas of particular concern as provided for in the Coastal Zone Management Act of 1972. Each state's approach is summarized, a brief comparison with Section 920.13 of the Coastal Zone Management Act's rules and regulations is made, a list of references is provided (each numbered, with those numbers used as footnotes within each state summary) and a contact person is identified for more information. Generally, three approaches were taken by the states to designating geographic areas of particular concern: 1) state-initiated, 2) a nomination process and 3) a cooperative state/local effort. Many states rely on a technical, state-initiated process for evaluating areas as areas of particular concern. Those states are: California, Florida, Maine, Maryland, New York, North Carolina and Rhode Island. This does not mean however that all other inputs were not considered. Primary responsi- bility rested with.the state. A nomination process or one relying on extensive public input for initiative was suggested for three states: Delaware, Illinois and Oregon. The approaches vary considerablly between states but the principle is the same. One state, Washington, choose a two phase designation process.. First, the state designated a broad area of concern (shorelines of statewide sig- nificance) and then let local government determine other areas of particular concern through a local planning process. A majority of the states reviewed here had a head start in developing their approaches because they have operated under their own state coastal planning enabling legislation for several years. They include: California (1972), Delaware (1971), Florida (1970), Maine (1969), Oregon@-,,(1971,)-j Rhode.. Island (1971) and Washington (1971). North Carolina (1974) also has their own state enabling legislation, although their headstart was ve@y short. The other states have had to practically start from scratch. When reviewing these summaries, it is very important to remember the, context within which these approaches were developed. The length and problems of the coast vary considerablly from state to state. Perhaps more importahtly though, it is necessary to look at a state's coastal zone management program within the context of the state's overall land-use plan- ning efforts. Some information on context was provided in each summary. CALIFORNIA The Coa.stal Zone Conservation Commission (established by the state's voters in 1972), in a tentative recommendation dated July 29, 1975, proposed a coastal planning structure that emphasized the local planning role. This proposal would require all local governments within the coastal boundary [jurisdictions abutting the shoreline, within 1,000 yards of the mean high tide line and areas necessary to protect coastal agriculture, flood plains, watersheds and public services (sewer, water, road programs)] to prepare a Coastal Element for their General Plan. "The Coastal Element shall set forth the local governmenV,s applica- tion of relevant portions of the (state) Coastal Plan including the policies, standards, regulations, conditions, specific programs and measures, toget- her with precise maps, necessary for the proper use, protection and enhance- ment, as appropriate of coastal natural and manmade resources. Ill The subjects the Coastal Element is to address would include Califor- nia's definition of geographic areas of particular concern: a) location, distribution or design of new development which could singly or cumulatively have an adverse impact; b) location and design of development to encourage its con- centration in existing areas and the reservation of ap- propriate shoreline areas; *c) a program to acquire and maintain accessways, open space lands, parks and preserves and provide ample public rec- reational opportunities; *d) 'protection of manmade resources such as sites of unique cultural, historical, architectural or archaeological sig- nificance; *e) protection and rehabilitation of existing low and moderate income areas; f) maintenance or procedures and standards to review the design of new development consistent with the Coastal Plan; *g) protection of prime agricultbral lands; *h) protection of forestry resources (including highly scenic coastal.timberlands); *i) design and location of development on flood plains and in areas having high geologic risks; j) correlation of development with the capacities of exist- ing and future transportation and public serVice systems; *Geographic areas of particular concern. -2- Q location of development to minimize use of energy; *1) protection of coastal wetlands and water resources including restrictions on erosion, runoff and silt, diking, filling and dredging; m) conservation of water supplies; *n) protection of significant areas of coastal natural living communities (as defined in the Coastal Plan); o) protection of 'air quality through regulations controlling the location, distribution and design of new development; p) protection of soil and mineral resources through regulations on building, grading,..runoff, erosion, dust, waste materials and spoils disposal.1 The DRAFT proposal cites special clarifying provisions for the handl- ing of several areas in the Coastal Element: agricultural land, flood plains, watersheds, public trust lands (navigation areas fisheries), areas of public access to tidelands' and beaches (physical maintenance). A certification process is recommended before permit authority is granted to local governments to implement their Coastal Element. A higher authority (either a regional or state-level agency) will handle any appeals from local decisions. The Coastal Plan may also require: 1).subregional plans for large, development-impacted areas; 2) specific plans for sensitive coastal resources (wetlands, highly scenic areas); 3) special considerations in Coastal Elements (areas to be designated by the state) for: consolidation of small subdivided but undeveloped lots; right of first refusal to purchase areas (beaches); termination clause on permits of development in highly selected areas; non-conforming use removal by means of local zoning regulations.] *Geographic areas of particular concern. -3- The Coastal Plan proposes the creation of a Coastal Conservation. Trust to carry out the acquisition portions of the pl&n. It must be remembered that this proposal is made in addition to a state-level land-use planning program that satisfies 75 per cent of the requirements of the national land use policy and assistance act as envisioned by S. 268. To mention a few existing program elements: the California Environ- mental Quality Act (California's NEPA); requirements that local General Plans must include a conservation, seismic, safety, land use, open space,, scenic highway and housing elements; an Urban 'Geology Master Plan deal- ing with geologic hazards; an approved set of envJronmental goals and policies to be followed by local governments; a definition and designa- tion of areas of critical-environmental concern and a proposed implemen- tation process.2 As proposed, the Coastal Plan would be incorporated as a separate function (including its planning, oversight and review powers) into a yet-to-be-established comprehensive �tate land-use planning agency.3 -4- � 920.13 Geographic areas of particular The Coastal Element as framed by the concerm (1) Areas of unique, scarce, fragile, or current proposal will address all the cat- vulnerable natural habitat, physical fea- ture, historical significance. cultural egories of areas the Coastal Zone Manage- value, and scenic importance; (2) Areas of high natural productivity ment Act proposed except for identification or essential habitat for living resources. including fish, wildlife, and the various trophic levels in the food web critical to of areas of unique geologic or topographic their well-being; (3) Areas of substantial recreational significance to industrial or commercial value and/or opportunity; (4) Areas where developments and f a- devel opment. cilities: &re - depe'rident - upon -the rutffiza- tion of, or access to, coastal waters; (5) Areas of unique geologic or tol*- graphic significance to industrial or com- mercial development, (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive: (7) Areas of sig-nificant ha7ard if de- veloped. due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Arms needed to protect, maintFdn or replenish coastal lands or resources, such areas including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches. offshore sand deposits, and mangrove stands. -5- References- 1. Coastal Zone Conservation Commissions. Tentative Recommendationsof the State Commission for the Coastal Plan Element: Government, Powers and Fundin to LLrry Out the Coastal Plan. July 29, 1-975. 2. American Bar Association. Young Lawyers Section. Summaries of Land Use Regulation in LiLght States. 1974. 3. Coastal Zone Conservation Commissions. Preliminary Coastal Plan; Hearing_Draft. March 1.975. Contact- William Travis California Coastal Zone Conservation Commission 1540 Market St. �an Francisco, California 94102 (415) 557-1001 DELAWARE Delaware has approached designating areas of particular concern from three directions. I A series of workshops are being held to solicit the reactions and recommendations of key private sector interest groups to some of the basic questions asked by the Coastal Zone Management Act. Designating areas of particular concern and defining priority and.'permissible land and water uses will be discussed. Representatives from agriculture, con- servation, industry, recreation and tourismaand large scale developers will attend. The second direction is a pilot study of two Delaware counties to determine what critical natural areas they may possess. The Delaware Nature Education Center (the contractor) will be using the following criteria to delineate natural critical areas: A critical natural area contains some feature(s) of unique or typical natural occurence in its situation, type of plant life, animal-plant community, or geological, archaeological, aesthetic features or combinations thereof. Selection of critical natural areas will be based upon the best judgement of the assembled ex- pert advisory committee and staff coupled with supportive data from field study and any other existing resource material. Each site examined will be rated by the research team on the factors listed below: air quality, water quality, noise, visual appeal, degree of recent or unhealed. manmade disturbance, unusualness, rarity or uniqueness, educational uses, research uses.2 The complete survey will include field examination and photograph- ing of areas, a ranking of areas according to their protection needs, preparation of a map showing the exact extent of the area, a literature search on information about each area and a determination of ownership. Professionals and non-professionals will be reviewing the areas. The third direction vOll be formulating a management methodology which will "assess and reflect the relationships between various resources and the impacts of various actions necessitated by some kind of use or activity in the (coastal) zone." I This third step is not very advanced at this time. -7- Delaware is building on its previous coastal zone management activity including: the Coastal Zone Act of 1971 and the Wetlands Act of 1973.3 -8- 920.13 Geographic areas of particular concerm A complete comparison is not possible (1) Areas of unique. scarce, fragile, or vulnerable natural habitat, physical fea- at this time. ture, historical significance. cultural value. and scenic importance; (2) Areas of high natural productivity or essential habitat for living resources, Including fish. wildlife, and the various trophic levels in the food web critical to their weU-being; (3) Areas of substantial recreational value and/or opportunity: (4) Areas where developments and fa- cilities -are -depehdent' upon - the -utffiza-@ tion of, or access to, coastal waters: (5) Areas of unique geologic or topo- g-mphic significance to industrial or com- mercial development: (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources. such areas including coastal flood plains, aquifer recharge areas, sand dunes, corul and other reefs, beaches, offshore sand deposits, and mangrove stands. -9- References- 1. Letter from David S. Hugg, Delaware State Planning Office, August 19, 1975. 2. Delaware Nature Education Center. Proposal for a Kent and Sussex Counties Critical Natural Areas Study. July 15, 1975. 3. Delaware State Planning Office. Delaware Coastal Zone Mana ement Erogram @pplication; Second Grant Period. May 1975. Contact- David S. Hugg Delaware State Planning Office P.O. Box 657 Dover, Delaware 19901 (302) 678-4271 FLORIDA In 1970, the Florida Legislature created the Florida Coastal Co- ordinating Council to pull together four state departments concerned with the coastal environment. The Council was dissolved this year, but the following outline of their approach to geographic areas of particular con- cern is still intact. Three "zones of concern" which reflect natural suitability for dev- elopment and present use were established: 1. Preservation: no development suitable; 2. Conservation: carefully controlled development suitable; 3. Development: intensive development suitable. Eight basic factors were considered in designating the zones of concern in the coastal area: ecological significance of the area and its tolorance to alteration; water classification of adjacent waterbodies*; soils suitability of the area; susceptability of the area to flooding, both from storm surge and runoff; archaeological and historical significance of the area; unique environmental features that may warrant protection; geological information, where available; present use of the area. The following are the detailed definitions given for each category and specific sub-category examples. The sub-categories could be con- sidered specific geographic areas of particular concern. Preservation Cat@gqry- Those portions of the coastal zone which have overriding ecological, hydrological, physiographic, historical or socio-economic importance to the public at large. Preserving the natural integrity of these areas enhances the aesthetics and quality of life for residents and tourists, provides a measure of natural hurricane protection, helps maintain a minimum ecological balance and promotes maintenance of our invaluable commercial and sport *A system used by the Florida Department of Pollution Control. fisheries. Public policy should attempt to protect these areas from development to the maximum degree legally possible consis- JeOt with private property rights as determined by the courts. In cases where private property rights are involved and all other legal alternatives for achieving preservation goals have proven inappropriate, public funds should be expended for purchase of areas in immediate jeopardy of destruction. I Sub-Categories: class I and II waters, marine grass beds, selected coastal marshes,' selected coastal mangroves, selected freshwater swamps and marshes, Gulf and Atlantic beaches and dunes, selected estuarine beaches, designated wilderness areas, historical and archaeological sites, other unique environmental features, portions of hurricane flood zone. Conservation Cate 2jr- Those areas of the coastal zone that are not absolutely critical to regional ecological integrity (except certain wildlife refuges),.but because of their physical character or present use provide "buffer zones" for preservation areas and represent retention of use options for future generations. These areas require special precautions when being converted to development in order to avoid direct or indirect consequences harmful to the public health, safety and welfare.1 Sub-Categories: class III waters, aquatic preserves, aquaculture leases, spoil islands, scenic vistas, forestry and game management areas, wildlife refuges, parks and recreation areas, river flood plains, marginal- lands, portions of hurricane flood zone. Develo.pnent @ateg2fy- In general, these areas are well-suited for intensive development and are not considered to be environment- ally fragile. However, some presently developed areas (classified as "conflict",areas) would have been recommended-for "conservation" or "preservation" had they not already been developed. The category "development" does not inherently imply complete development of areas so designated; rather, it indicates that if intensive development is to occur at all, it should be directed to these areas. Zoning for specific uses (including intensive agriculture) within "development" areas is recommended to be the responsibility of local governments, utilizing state guidelines. Specific state criteria will apply to shoreline-uses and "key facilities". and will serve as standards for local zoning authorities. I 12-' Sub-Categories: class IV and V waters, presently developed areas- non-conflict, conflict, undeveloped lands- suitable for intensive development, undeveloped lands suitable for intensive development with corrections, portions of hurricane flood zone. The Florida Coastal Zone Management Atlas, .1972, (presently being updated) contains maps showing preservation, conservation and development categories for each coastal county. All land is in one category or another. In addition, each category has a table devoted to it further outlining existing information on each sub-category. For each sub-category, the tables contain: priority uses, a description, the state's objectives, responsible state agencies (statutory authority may or may not be present), method of identification, state policy/criteria and existing support and controls. Tables A, B and C reproduce this infor- mation in pages 13 to 24.. Florida already has an extensive state land-use planning program including a nomination process for designating areas of critical environ- mental concern and a review process for developments of regional impact. -13- TABLE At PRE5ERVATION CRITERIA AND POLICY Subcategory Class I Waters (fresh water) Class 11 Waters (coastal water%) Marine Gross Beds Priority Use Public water supplies Shellfish harvesting and Propagation of sport and propagation of marine life. commercial fisheries; waterfowl and wading bird food production. Description Surface fresh water used as a Coastal waters which have the Submerged grassy areas essential potable source of public water capability of supporting shellfish to the propagation and suppliefor withdrawn for treatment harvesting. Class 11 waters are the nourishment of fisheries. Generally as such. most stringent marine classification. limited in depth to 6.10' but could be deeper in clearer oler. State's Objectives To preserve and protect sources of To preserve shellfish resources by To protect from pollution and potable waters in the coastal zone. protecting designated marine areas preserve breeding and feeding from pollution and to allow natural areas essential to maintain and development and growth of animal enhance the sport and commercial and vegetative organisms, such fisheries and bird life of the state. areas acting as breeding and feeding grounds for marine organisms. Responsible State Agencies 1. Dept. of Pollution Control 1. Dept. of Pollution Control 1. Trustees of the Internal 2. Division of Health, Dept. of 2. Division of Health, Dept. of Improvement Trust Fund Health and Rehabilitative Health and Rehabilitative 2. Dept. of Natural Resources Services Services 3. Dept. of Pollution Control 3. Dept. of Natural Resource% 3. Trustees of Internal Improvement 4. Game & Fresh Water Fish Div. of Interior Resources Trust Fund Commission 4. Dept. of Natural Resources ( Survey & Management, Div. of Marine Resources, Div. of Interior Resources)- How Identified By Dept. of Pollution Control By Dept. of Pollution Control By aerial photography and by Planning Div. according to state according to federal water quality field surveys conducted by the water quality criteria. criteria. Dept. of Natural Resources, the CCC and/or the N.tional Marine Shellfish areas are further certified Fisheries Service of NOAA, and by the Div. of Health, Dept. of other governmental or scientific Health & Rehabilitative Services groups. before the product can be marketed. State PoticylCr;fer;a Definitive criteria for Class I Definitive criteria for Class 11 Submerged lands are under the Waters are given in the Rules of Waters are given in the Rules of control of the TJITF, except those the Dept. of Pollution Control, the Dept. of Pollution Control, previously sold to private owners Chapter 17-3, Pollution of Waters, Chapter 17-3, Pollution of Waters, or transferred to municipalities. and in Chapter 373, Florida and in Chapter 373, Florida Recent TIITF and Cabinet policy Statutes. Statutes. has been not to disturb marine Chapter 72-299, Laws of Chapter 72-299, Laws. of gross beds except in cases of Florida places management Florida places management overriding public interest. Responsibility for the state's Responsibility for the state-s water resources with the Div. water resources with the Div. Reference: Chapter 253, Florida of Interior Resources. of interior Resources. Statutes. The Survey & Management Section of Dept. of Natural Resources is required to make biological reports on all construction and dredging projects seaward of the M.H.W. line. Jsting Support and Controls Dept of Pollution Control and Div. Dept. of Pollution Control has TIITF process dredge and fill permit of Health monitors Class I waters enforcement powers to maintain requests and make recommendations and DPC has enforcement powers quality standards of Class 11 for action to the Cabinet. DNR to stop pollution if the purity Waters. Div. of Health approves (Survey & Management) must make standards are not being maintained. harvested shellfish for human biological report.on each dredge The Florida Div. of Interior consumption. Div. of Marine and fill request. If significant Resources is charged with Resources carries out shellfish marine gross beds are involved, regulating the use & development research, enforces fishing such reports are adverse and may of the state*s water resources, regulations and leases shellfish cause denial of request. (Ch. 72-299, Laws of Florida). beds. The Florida Div. of Interior Resources is charged with regulating the use & development of the state's water resources, (Ch. 72,299.Laws of Florida). *The agencies desig ted may or may not pr sentlY have statutory powers with regard to respTsibility to the subcafegories. -14- TABLE As PRESERVATION CRITERIA AND POLICY (continued) Subcategor Selected Coastal Marshes Selected Coastal Mangroves Gulf and Atlantic Beaches and Dunes Priority We Propagation of marine life Propagation of marine life Prevent beach erosion Hurricane protection Hurricane protection Protection of properties from erosion Aesthetics Prevention of shore erosion Recreation Waterfowl and wading bird habitat Aesthetics Aesthetic% Propagation of bird life Hurricane protection (dunes) Descriplion Low coastal areas covered by Shore-fring;ng strands of red, black Ocean-front;ng 6eoches along the grassy, salt-lolerant vegetation and/or white mangrove having Gulf and Atlantic shorelines. The subject to.tidal ebb & flow during regional sign;Sconce regarding beach zone extends inland beyond any part of the lidol cycle. maintenance of biological the MHW line to the coastal Includes the "high marsh" beyond productivity, stabilization of construction setback line and may the mean high water line. These shorelines, or aesthetic%. extend inland one or more dunes. areas constitute the basis of Florida's valuable marine fisheries. Such coastal marshes that have regional significance to marine ecology would be selected for preservation. Lesser marshes would be classified as "marginal lands" under conservation areas. State's Objectives To protect from pollution and To protect from pollution and To preserve the state's beaches preserve coastal marshes necessary preserve stands of coastal mangrove from unnecessary erosion caused for maintenance of the basic of regional s;gn;ficance from by construction in the beach zone elements of the food chain. destruction by coastal development. and to preserve coastal dunes as natural hurricane barriers and as sources of natural beach replenishment material, thereby enhancing recreational and aesthetic values. To encourage participation in beach restoration programs. Responsible State Agenc;eih_ 1. Trustees of the internal 1. Trustees of the Internal 1. Dept. of Natural Resources, Improvement Trust Fund Improvement Trust Fund Bureau of Beaches and Shores 2. Dept. of Natural Resources 2. Dept. of Natural Resources 2. Trustees of the Internal 3. Dept. of Pollution Control 3. Dept. of Agriculture and Improvement Trust Fund 4. Game & Fresh Water Fish Consumer Services, Div. of 3. Dept. of Agriculture and Commission Forestry Consumer Services, Division of 4. Dept. of Pollution Control Forestry 5. Game & Fresh Water Fish 4. Dept. of Community Affairs, Commission Flood Insurance Program How Identified Selected by the CCC in conjunction Selected by the CCC in conjunction By Dept. of Natural Resources, & with other DNR agencies, by with other DNR agencies, by C.C.C. using aerial photography, means of aerial photography, soil means of aerial photography field engineering and topographi, surveys, topographic maps and and field surveys. surveys. field surveys. State PolicylCriteria Recent state agency and Cabinet Recent,stole agency and Cabinet Establishment of a coastal decisions have generally decisions have generally construction setback line based an disapproved permit applications disapproved permit applicationii beach processes. which would destroy coastal which would destroy significant marshes. However, the "high areas of mangrove. Reference: Chop,.er 161-053, marsh" landward of the MHW line Florida Statutes. is not protected and may be in Reference: Chapter 253, Florida private ownership. Statutes. Any new coastal construction or change of existing structures for Reference: Chapter 253, Florida shore protection purposes must Statutes. obtain a DNR permit. State policy favors public access to state-owned beaches below the mean high water line which are managed by the TIITF as part of state lands. Reference: Chapter 161-041, Florida Statutes. xisting Support and Controls Coastal marshes seaward of the The biological reports required by Dept. of Naturof @esources, MHW line are under the control of dredge & Fill or coastal construction Bureau of Beaches & Shores the TIITF, unless previously sold permitting procedures would be establishes the setback line after to private owners or transferred to adverse if significant damage to surveys and public hearings. The mu n,icipa lilies. All such lands ore mangroves would result. However, setback line is then recorded in the subject to state regulations with the state's present jurisdiction is public records of the Clerk of the regard to dredging and filling and only seaward of the MHW line, Circuit Court of the county and development, which requires a municipality affected. Objecting permit based on: upland owners are granted a review of the setback line upon 1) Local authority approval written request to Dept. of Natural 2) Biological (ecological) report Resources. DNR decision is subject 3) Hydrogrophic survey (if required to judicial review. Violations are by DNR) classified as a public nuisance and 4) TIITF approval will be removed at expense of the 5) DPC approval owner or by DNR and cost becomes a lien on the property. DNR may exempt ports of the coastline not *The agencies designated may or may not pre3ently have statutory endangered by erosion. If setback powers with regard to responsibility to tha subcategories. line has not yet been established, the 504oot setback from MHW applies, Permits are required for construction of any erosion control structures. TABLE As PRESERVATION CRITER-lk-AND POLICY (continued) Subcategory Estuarine Beaches Wilderness Areas Selected Fresh Water Swamps and Marshes Prior;fy Use Prevent beach erosion Protection of the biophysical Ecological balance environment Fresh water retention Recreation Aesthetics Possible -clef recharge Aesthetics Scientific research Recreation fish and Wildlife habitat. Description Selected estuarine beaches suitable Areas selected by the Interagency Low, poorly-droined areas for shore recreation with Advisory Committee an the State characterized by water tolerant appropriate public access. Wilderness System to be preserved vegetation and predominantly in their natural state, Wilderness internal drainage. areas ore characterized as being of one or more of the following principal types: 1) Bioloqicol 2) Aesthetic 3) Scientific Federal Wilderness Areas ore included in this subcategory. State's Objectives To protect estuarine beaches from To protect the natural environment To protect from pollution and erosion caused by indiscriminate in selected state-owned areas, to preserve selected fresh water construction and to utilize some restrict further development except swamps as natural ecological units, for public recreation. that necessary for administration as natural retention mechanisms and management, and to permit and surface water storage. recreational uses that are not ecologically disruptive. To protect To protect such areas from outside such areas from pollution. development or pollution and enhance the natural growth cycles of flora and fauna. Responsible State Agencies 1. Dept. of Natural Resources, 1. Trustees of the Internal 1. Department of Natural Resources Bureau of Beaches and Shore% Improvement Trust Fund 2. Game and Fresh Water Fish 2. Trustees of the Internal 2. Interagency Advisory Committee: Commission Improvement Trust Fund TIITF 3. Dept. of Agriculture and 3. Dept. of Agriculture and DNR-Recreation and Parks; CCC Consumer Services,. Division Consumer Services, Div. of G&FWFC of Forestry Forestry Agriculture DPC 3, Dept. of Agriculture and Consumer Services, Div. of Forestry How identified From aerial photography, By the Interagency Advisory Identified from aerial photography, topographic mops on& field surveys Committee on the State Wilderness topographic maps and Sail by C.C.C. System using aerial photography, Conservation Service soil maps by topographic maps, and field suryeys. the Coastal Coordinating Council in cooperation with other state agencies. State PolicylCr;teria Any new coastal construction or State criteria for wildnerness areas Except for those swamps currently change of existing structures for ore based on rules adopted by the protected as a part of riciionol, shore protection purposes must TIITF after considering those state or county paAs, or wildlife obtain a DNR permit. State policy applied to federal wilderness areas refuges or wilderness areas, such favors public access to state-owned and wilderness systems of other swamps are not state protected. beaches below the mean high states. There will be no commercial The Coastal Coordinating Council water line which are managed by development and no additional recommends those of regional the TIITF as part of state land&. development for the comfort and significance be preserved. convenience of users. The primary Reference: Chapter 161-041, Florida use is to protect the natural Statutes. environment. Public use is limited to hiking, bathing, boating, sport Fishing, hunting, picn;cking, sight- seein g, camping, nature study and re earch to the extent compatible with the purpose for which the wilderness area was established. Reference: Chapter 70-355, Flor;do Statutes. Existing Support and Controls DNR shore protection construction Identification and control of These areas ore largely or modification permift are required wilderness areas are under the unprotected except in special only for construction on state-owned supervision of the TIITF, who are use areas such as -ildlife refuge, lands; there ;re no existing advised by an Interagency Advisory wilderness areas and parlis. supports and controls on privately. Committee, and who after public Under Ch. 72-299, Lows of owned estuarine beaches and hearings, may set aside state Florida, the Div. of Interior shares. lands by resolution. Rules and Resources will hove jurisdictioi regulations for wilderness areas over such areas. are now under study by the TIITF. *The agencies designned may or may not presently have statutory powers with'regard to responsibility tc the subcategories. -16- TABLE Ai PRESERVATION CRITERIA AND POLICY (Ed) Subcafegory Historical and Archaeological Sites Other Unique Environmental Features Priority Use Culture Environmental protection Aesthetics Aesthetics Recreation Recreation Wild rivers Description Areas of outstanding historical or Unusual and natural features archaeological significance Cho.ructeristic of a coastal designated by either the federal region and occupying a government or the Florida Division comparatively small geographic of Archives and History of the area. Examples would be selected Dept. of State. reefs, -aterfa Ili, cove& or caverns, %;nkholes,springs,bluffs, rivers, etc. State's Objectives To preserve, protect and allow To protect from pollution and public access and display of sites preserve and protect unique important to Florida history and environmental features not archaeology. otherwise protected. Responsible State Agencies 4A 1. Division of Archives and 1. Trustees of the Internal History, Secretary of State's Improvement Trust Fund Office 2. Department of Natural Resources 2. Department of Community 3. Department of Pollution Control Affairs 4. Game and Fresh Water Fish Commission How Identified By Division of Archives and History, By aerial photography, topographic Office of Secretary of State, maps and field investigations by through research of literature, the Coastal Coordinating Council historical surveys conducted by in cooperation with other agencies. the state, and information from local historical groups. State PolicylCriteria The state's policy is to*protect and The state has, in the past, preserve historic sites and incorporated many unique properties including buildings.and environmental areas into its state objects of scientific and historical pork system. However, there remain value relating to the history, area% having unusual environmental government and culture of the features that the CCC recommend& state. be protected by the state to enhance the aesthetic and Reference: Chapter 267, Florida recreational values of the coastal Statutes. zone. These would, in general, be of comparatively small geographic area. Reference; CCC/Coastal Zone Resources Corporation Contract. Existing Support and Controls The Bureau of Historic Sites and There is no existing support or Properties has the responsibility control for "other unique to locate, acquire, protect and environmental features" which are promote the location, acquisition not included in wilderness areas and preservation of historic sites or park% or aquatic preserves. and properties. The Bureau of Historic Museums has the responsibility to promote and encourage throughout the state, knowledge and appreciation of Florida history. *The agencies designated may or may not presently have statutory powers with regard tD responsibility to thE subcategories. -17- TABLE B: CONSERVATION CRITERIA AND POLICY Subcategory Class III Waters Aquatic Preserve Aquaculture Leases Priority Us* Fish & wildlife propagation Recreation Cultivation of animal and/or Water contact sports Research & education plant life. Aesthetics Maintenance of marine productivity Propagation of wildlife Descrip tion All coastal waters not otherwise Coastal and marine areas of Leases granted for exclusive use of classified. Includes boys, rivers, lake% exceptional biological, aesthetic, submerged bottom areas and the estuaries and open waters of educational and/or scientific value. overlying water column for the the territorial sea. purpose of cultivating animal and/or plant life. Trad;t;onol oyster leases are not included in this subcolegory. State's Objectives To insure wise use of our water To provide adequate overall To allow certain state-owned resources. To maintain the qualifyof protection to coastal areas having submerged bottom land& and the these waters at a level which will exceptional aesthetic, biological, overlying water column to be be suitable for water contact sports scientific or educational values and leased for aqvoculture industries and propagation of fish and wildlife. the establishment of a statewide or research and insure that such system of such preserves for areas are utilized in a productive Florida. manner in the public interest. Responsible State Agencies I .Dept. of Pollution Control 1. Trustees of the Internal 1. Trustees of the internal 2. Div. of Health Improvement Trust Fund Improvement Trust Fund 3. Dept. of Natural Resources, Div. 2. Dept. of Natural Resources 2. Dept. of Natural Resources of Marine Resources Dept. of Pollution Control 3. Game and Fresh Water Fish 4. Game and Fresh Water Fish Commission Commission 5. Dept. of Natural Resources, Div. of Interior Resources. How Identified By the Dept. of Pollution Control By the Interagency Advisory By the applicant for a lease from according to state water quality Committee on Submerged Land the THU. criteria. Management, after careful study and deliberation of the area's biological, aesthetic or scientific value. v State PoJ;cy1Cr;1ericr Definitive criteria for Class III No alteration of physical Public notice and hearings required Waters ore given in the Rules of conditions within aquatic preserves before lease may be granted. Such thr Dept. of Pollution Control, except mi *nimum dredging & lease will not be granted if the Chapter 17-3, Florida Administrative spoiling for authorized public appropriate county commission Code, and in Chapter 373, navigation projects. adopts and files a resolution of Florida Statutes. object;on to the lease. Reference: Report Number Two of the Interagency Advisory, Committee Reference: Chapter 253, Florida on Submerged Land Management. Statutes. Agriculture lease Guidelines-TIITF. THTF resolution of November 24, 1969. Chapter 69-432, Low% of Florida. Existing Support and Controls Class III Waters are monitored on Cabinet approves or disoppro ves Cabinet approval required for all a monthly basis by the Dept. of TllTF staff recommendations. The aquaculture leases. Pollution Control and Div. of Mdrine Patrol of DNR and the Health with assistance from the Dept. of Pollution Control assist TIITF staff responsible for Marine Patrol. in enforcement of regulations. enforcement, assisted by Marine Patrol and Game and Fresh The Florida Div. of I_nterior Water Fish Commission. Res@Zrces is chorgd'-with manag--Ig the use and development of the states water resources (Chapter 72-299 Laws of Florida). *The agencies designa ed may or may not preEently have statutory pDwers with regard to responsibi-ity to the subcategories. -18- TABLE B: CONSERVATION CRITERIA AND POLICY (continued) Subcategory Publicly-owned Spoi I Islands Hurricon-e Flood Zone River Flood Plains Priority Use Aesthetics Uses which require waterfront Timber management Bird/wildlife habitat locations Greenbelh Recreation Public Recreation Recreation Uses that will not unnecessarily jeopardize human life or economic Aquifer recharge welfare. Wildlife habitat Description Artificial islands created with Lands between the shoreline and Lands lying along drainage material d redged from state-owned the 100 year flood line. These corridors (rivers & streams) that lands to create or deepen channels areas are subject to flooding during ore subject to flooding on a in posses, boys, lagoons, bayous, hurricane conditions. regular basis. May include swampy etc. Many such islands exist olong areas; generally contain mixed the Intracoastal Waterway. alluvial, poorly drained soils. State's Objectives To protect in the public interest, To discourage, in the public To prevent unnecessary flood losses state-owned spoil islands for use interest, through appropriate land caused by unwise development of as plant and animal habitats and use controls, any development in flood prone areas an,d to preserve limited recreational activity. To the Hurricane Flood Zone which the ecological values of flood establish, where possible, natural would unnecessarily jeopardize plains. vegetation on such monmode human life or economic welfare. To islands. prevent development that would hove undesirable ecological effects on coastal water% and wetlands. Responsible State Agenc;es 1. Trustees of the Internal 1 .Dept. of Community Affairs 1. Dept. of Community Affairs Improvement Trust Fund 2. Dept. of Natural Resources 2. Dept. of Natural Resources 2. Dept. of Natural Resources 3. Coastal Coordinating Council 3. Game and Fresh Water Fish 3. Game and Fresh Water fish 4. Trustees of the Internal Commission Commission Improvement Trust Fund 4. Trustees of the Internal 4. Dept. of Agriculture and 5. State Div. of Planning Improvement Trust Fund Consumer Services, Div. of 6. Dept. of Pollution Control 5. Dept. of Agriculture and Forestry 7. Dept. of Health and Consumer Services, Div. of Rehabilitative Services, Div. of Forestry Health 6. State Div. of Planning B. Dept. of Commerce How Idenfiried. By the CCC and TIITF staff using Determined through.surveys By the CCC, Bureau of Water aerial Photography, U.S.C.G.S. currently being conducted for the Resources, and U.S. Corps of navigational charts, and review of U.S. Dept. of Housing & Urban Engineers, utilizing aerial records indicating approved spoil Development in conjunction with Photography, soil surveys, U.S.G.S. deposition areas. its nood insurance program. topographic maps, and past history Surveys are being conducted by of flooding. several federal agencies. State PolicylCriteric Spoil islands, unless conveyed Notional Flood Insurance Program None except under the Federal from state ownership by deed, are criteria apply to all ares below Flood Insurance Program. under the jurisdiction of the TIITF. the 100 year flood line. Any modification of spoil islands Reference: Notional Flood requires a Trustee permit. The Reference: Notional Flood Insurance Act of 1968 (42 U.S.C. Cabinet is on record as favoring Insurance Act of 1968 (42 U.S.C. 4001, 82 St.t. 572). Also: Parts nonclevelopment of spoil islands. 4001, 82 Stat. 572). 1909 and 1910 of Subchopter B Also; Parts 1909 and 1910 of of Chapter VII of Title 24 CFR. Reference: Chapter 253, Florida Subchapter B of Chapter VII of Stntutes. Chapter 18, Florida Title 24 CFR. Administrative Code. Cabinet Resolution of August 11, 1970. Existing Support and Controfs As indicated in references cited, The Dept. of Community Affairs Local ordinances as authorized by especially Chapter 253.12, Florida coordinates the Flood Insurance Chapter 69-139 Laws of Florida. Statutes, and Chapter 18.2, Rules Program which requires that local of TIITF. governments adopt land use The Federal Flood Insurance controls in such areas to qualify Program provides for studies for flood insurance. Under Chapter which identify flood prone areas. 253, Florida Statutes, the DNR, Div. of Beaches and Shores is Under Chapter 72-299 Lows of charged with establishing a setback Florida, the Div. of Interior line for coastal construction along Resources may have authority for the Gulf and Atlantic beach flood plain zoning. shorelines. Pending Federal legislation would give further support to the State's objectives, *The agencies designated may or may not pre ently have statutory ers with regard to responsibility to the subcategories. plow _19- TABLE B: CONSERVATION CRITERIA AND POLICY (continued) Subcategory Scenic Vista$ forestry & Game Management Wildlife Refuges Areas Priority Use Aesthetics Timber production Wildlife habitat Hunting Recreation, not incuding hunting Description Peripher 'at parcels of land and/or Areas having high-quality timber Areas specifically set aside for the water having exceptional scenic or or good timber producing potential protection of'wildlife. Such areas aesthetic values including rivers and/or support game Populations may be subject to multiple use and highways. Such creos may large enough to allow inclusion management as in the case of include bluffs, hills, or other into the state's game management State Parks, all of which are vantage points that afford a program. game refuges. unique scenic perspective. State's Objectives To conserve in the public interest To provide the state with a To protect wildlife in the coastal certain selected areas judged to stockpile of timber resources zone; to reserve lands as nature have exceptional scenic or aesthetic andlor to provide areas that will areas. values. support public hunting under the auspices of the Game and Fresh Water Fish Commission. Responsible State Agencies*1 1. Dept. of Natural Resources 1. Dept. of Agriculture and 1. Game and Fresh Water Fish 2. Dept. of Transportation Consumer Services, Div. of Commission . forestry 2. Dept. of Natural Resources 2. Game and Fresh Water Fish 3. Trustees of the Internal Commission Improvement Trust Fund 4. Dept. of Agriculture and Consumer Services, Div. of Forestry How Identified By CCC and Dept. of Natural Forestry management areas ore From maps provided by the Game Resources in cooperation with local selected and protected by the and Fresh Water Fish Commission interests. Div. of Forestry & by private or by agencies and groups having owners. control over such areas. Wildlife management areas are selected by the Game and Freshwater Fish Commission. These areas may be state-owned or managed through agreements with private land owners, State PolicylCriterio None except when these areas are Div. of Forestry may acquire lands, No game may be taken or included in state-confroiled special designate reforestation areas, possessed on any area closed by use areas such as State Parks, and manage all State Forests and Game and Fresh Water Fish V@ilclerress Areas, Aquatic Preserves reforestation areas in the public Commission order as a wildlife or State Forests. interest. refuge. No guns, dogs, traps, or other game taking devices allowed Reference: Chapter 589 and 590, in such areas. Florida Statutes. Reference: Chapter 16E-7; Chapter Criteria for Wildlife Management 16E.8, Wildlife Code of the State areas are given in the Wildlife of Florida. Chapter 372, Florida Code of the State of Florida, Statutes. Game and Fresh Water Fish Commission, July, 1971. Reference: Chapter 372,,Florida Statutes. Existing Support and Controls None except in state-owned special Div. of Forestry has eminent Enforcement is primarily by use areas, and in some instances, domain powers for acquiring wildlife officers of the Game and local zoning ordinances. forest road rights of way or Fresh Water Fish Commission. private property judged by the assisted by local low enforcement Div. to be suitable and desirable officers, Marine Patrol office,%, for State- Forests. State Park managers, and deputy wildlife officers. National Park Violation of any rule or regulation rangers participate in enforcement adopted by the Game and Fresh within national parks, memorials Water Fish Commission is and.notional wildlife refuges. punishable as a misdemeanor. *The agencies designated may or may not presently have statutory p)wers with regard to responsibili y 0 the subcategories. -20- TABLE B: CONSERVATION CRITERIA AND POLICY (End) Subcategory Parks and Recreation Areas Marginal Lands Priority Use Recreation Recreation Aesthetics Greenbelts/Open Space Timber Production Extensive og ricultu re/g razing, if these activities do not require draining or pumping, Wildlife habitat Description Areas and facilities devoted to Lands which due to soil characteristic, ' recreational activities of various drainage problems, or other physical types. May include historical or restrictions, require major alteration archaeological sites, game refuges in order to be made suitable for or unique environmental features. urban development. These areas should be subject to strict performance standards when being converted to urban uses. Slate's Objectives To create, maintain, and vhere To assure that cleveloment of needed, expand outdoor recreation these areas does not result in and park facilities for the benefit direct or indirect consequences of state residents and visitors; to harmful to the public health, conserve state lands for future scifely and welfare. recreation needs. Responsible State Agenc;es* 1. Dept. of Natural Resources, 1. Dept. of Natural Resources Division of Recreation & Parks 2. Trustees of the Internal 2. Dept. of Transportation Improvement Trust Fund 3. Dept. of Agriculture and 3. Dept. of Agriculture and Consumer Services, Div. of Consumer Services, Div. of Forestry Forestry How Identified By DNR in cooperation with the By the CCC through use of soil agencies or governmental bodies surveys, topographic surveys, aerial that have established the parks. photography and field investigations. State PolicylCriteric, State Park authority i% stated in None at this time except as Chapters 592, 575, and 418, related to other endeavors. Fl9riclo Statutes. Existing Support and Controli The Div. of Recreation and Parks None at this time. has the authority to administer and manage State Parks. A very limited power of eminent domain is available for acquisition of property. Financial assistance is available through the Land & Water Conservation Act of 1965: P.L. 88-578 (78 Stat. 897); 16 U.S.C. 4601; amended by P.L. 90-401. Financial assistance to local government is available through the Dept. of Housing & Urban Develop ent Legacy of Parks Program (Title 4 of P.L. 91-609) and the Land Acquisition Trust Fund. *The agencies designated may or may not presently have statutory powers with regard to responsibility to the subcategories. -21- TABLE C: DEVELOPMENT CRITERIA AND POLICY Subcategory Class IV Water& Class V Waters Priority Use Agricultural and industrial water supply Navigation, utility and industrial use. Description Surface water% designated by the Dept. of Pollution Surface waters designated by the Dept. of Control for use as agricultural or industrial water Pollution Control for navigation, utility and supply. industrial use. Water quality standards for Class V Waters are the lowest of any applied to surface waters in Florida. State's Objectives To prevent degradation of surface waters used for To prevent further degradation of waters so agricultural or industrial activities, and, if possible, classified, and, if possible, enhance the quality of to enhance the quality of those waters. these waters. Responsibfe State Agencies,@ 1. Dept of Pollution Control 1. Dept of Pollution Control 2. Div. of Interior Resources 2. Div, of Interior Resources How Identified By Dept. of Pollution Control, Planning Div., By Dept. of Pollution Control, Planning Div., according to state water quality criteria. according to state water quality criteria. State Policy/Cr;teria Definitive criteria for Class IV Waters are given Definitive criteria for Class V Waters are given in the Rules of the Dept. of Pollution Control, in the Rules of the Dept. of Pollution Control, Chapter 17-3, Pollution of Waters. Chapter 17.3, Pollution of Waters. These waters must show decided and definite enhancement no later than January, 1973, and possibly will be reclassified as water quality improves. Exinng Sup2ort Dept. of Pollution Control monitors Class IV Waters Dept. of Polfution Control monitor% Cln%s V Wafers Co ro@ an S and has enforcement powers to stop pollution if and has enforcement powcrs to stop pollution if the water quality standards are not being water quality Standards are not maintained. maintained. The Div. of Interior Resources is charged with The Div. of Interior Resources is charged wit[ managing the u:oucind. development of th e managing the use and development of .the state's water re rces ( Ch. 72 `299, Laws Of state's water resources. Florida The U.S. Army Corps of Engineers is responsible for regulating dumping in navigrible water bodies. Reference: Water Quality Improvement Act of 197, (Public Low 91-224). Flor;dn Air and Writer Pollution Control Act (Chapter 403, Florida Statutes). Florida Water Resources Act (Ch. 72-299, Laws of Florido) Refuse Act of 1899 (33 U.S.C. 401-413 Sec. 407). *The agencies designated may or may not presently have statutory powers with regard to responsibility to the Subcategory. -22- TABLE C: DEVELOPMENT CRITERIA AND POLICY (continued) Subcategory Presently Developed Land%-Non-conflict Presently Developed Lands-Connict Priority Use Development, according to local desires and needs, Those uses allowed in conservation" areas. utilizing environmental safeguards. Lands presently developed that under C.C.C. Description Lands already developed in a manner compatible planning criteria would hove been classif;ed with the natural environment of the area. -preservation" or "conservation" in their natural state. Inherent physical or ecological restrictions may or may not have been adequately compensated for. State's Objectives To maint oin or improve quality of life in these To encourage compatible use of these areas and areas, including public health and welfare. discourage future development that does not recognize and adequately neutralize the environmental conflicts involved. Responsibfe State Agencies* 1. Dept. of Community Affairs 1. Dept. of Community Affairs 2. State Div. of Planning 2. Coastal Coordinating Council 3. Dept. of Commerce 3. State Div. of Planning 4. Coastal Coordinating Council 4. Div. of Health, Dept. of Health and 5. Div. of Health, Dept. of Health and Rehabilitative Services Rehabilitative Services 5. Dept. of Pollution Control 6. Dept. of Pollution Control 6. Dept. of Natural Resources 7. Dept. of Transportation 7. Div. of Forestry, Dept. of Agriculture and 8. Dept. of Natural Resources Consumer Services 9. Div. of Forestry, Dept. of Agriculture and Consumer Services How Identirsed BY the CCC,. in cooperation with other agencies, By the CCC, in cooperation with other agencies, utilizing aerial photography and analysis utilizing aerial photography and analysis techniques. techniques. State PolicylCriteria The CCC will develop general guidelines and Local authorities and developers should be alerted criteria for new shoreline uses and key facilities to the environmental danger% associated with within these areas. additional future development in "conflict" areas. Existing Support Chapter 70-259, Laws of Florida, charges the CCC Notional Flood Insurance Program and Controls with developing ". - . a comprehensive plan for the protection, development and zoning of the Building Codes coastal zone Chapter 70-259, Laws of Florida, charges the CCC with developing ". . . a comprehensive plan for the protection, development and zoning of the coastal zone *The agencies designated may or may not presently have statttory powers with regard to responsibility to the su categories. -23- TABLE C: DEVELOPMENT CRITERIA AND POLICY (continued) Subcategory Undeveloped Lands Suitable for Intensive Undeveloped Lands Suitable for Intensive Development Development with Corrections Priority Use Development, according to local desires and Development according to local desires and needs, needs, utilizing environmental safeguards. utilizing environmental safeguards. Description Lands needing little or no modification to make Lands having some physical limitations but suitable them suitable for development. These areas have for intensive development with certain modification elevations, soils, topography and other physical wch as improvement of drainage, installation of conditions favorable for development (with the sewage collection systems and establishment of ci@clclition of proper sanitary facilities). central water supplies. i State's Obiectives To assist local planning and zoning officials, To assist local planning and zoning officials, developers and landowners in determining those developers and landowners in determining those areas best suited to intensive development and areas where intensive development activities will assure that development occurs in a fashion that is require additional expend;t%ires to become compatible with the physical environment. environmentally compatible. Responsible State Agencies 1@c As development occurs in these areas, all of the 1. Dept. of Community Affairs local, state and federal agencies involved in urban 2. State Div. of Planning areas will become active. Initially, however, the 3. Dept. of Commerce most involved state agencies will be: 4. Coastal Coordinating Council 5. Div. of Health, Dept. of Health and 1. Dept. of Community Affairs Rehabilitative Services 2, State Div. of Planning 6. Dept. of Pollution Control 3. Dept. of Commerce 7. Dept. of Transportation 4. Coastal Coordinating Council 8. Dept. of Natural Resources 5, Div. of Health, Dept. of Health and 9. Div. of Forestry, Dept. of Agriculture and Rehabilitative Services Consumer Services 6. Dept. of Pollution Control 7. Dept. of Transportation 8. Dept. of Natural Resources 9. Div. of Forestry, Dept. of Agriculture and Consumer Services How Identified By the CCC, in cooperation with local and By the CCC, in cooperation with local and regional planning agencies and utilizing analysis regional agencies and utilizing analysis techniques developed by the CCC. techniques developed by the CCC. Stole PolicylCriter;a The CCC will develop general guidelines and The CCC will develop general 9-, 3elines and criteria for shoreline uses and "key facilities" criteria for "key facilities" that H@;ve regional within these areas. impact. Exis @ng Iu, t Co @port Under Chapter 70-259, Laws pf Florida, the CCC Chapter 70-259, Laws of Florida, charges the CCC .T an is charged with developing a comprehensive with developing a comprehensive plan for state plan for the protection, development and the protection, development and zoning of the zoning of the coastal zone coastal zone *The agencies designated may r may not presently have statutory powers with regard to responsibility to the suUategories. -24- TABLE C: DEVELOPMENT CRITERIA AND POLICY (End) Subcategory Hurricane Flood Zone Priority Use Uses which require waterfront locations. Public recreation Uses that will not unnecessarily jeopardize human life or economic welfare. Description Lands between the s6oreline and the 100 year flood line. These areas are subject to flooding during hurricane conditions. State's Objectives To discourage, in the public interest, through appropriate land use controls, any development in the Hurricane flood Zone which would unnecessarily jeopardize human life or economic we Ifore. To prevent development that would have undesirable ecological effects on coastal waters and wetlands. Responsible State Agenc;es* I .Dept. of Community Affairs 2. Dept. of Natural Resources 3. Coastal Coordinating Council 4. Trustees of the Internal Improvement Trust fund 5 .State Div. of Planning 6. Dept. of Pollution Control 7. Div. of Health, Dept. of Health and Rehabilitative Services 8. Dept. of Commerce How Identified Determined through surveys currently being conducted'for the U.S. Dept. of Housing and Urban Development in conjunction with its flood insurance. program. Surveys ore being conducted by several federal agencies. State PolicylCrileria National flood Insurance Program criteria apply to all areas below the 100 year flood line. Reference: National Flood Insurance Act of 1968 (42 U.S.C. 4001, 82 Star. 572) Also: Parts 1909 and 1910 of Subchopter B of Chapter VII of Title 24 CFR. Exist@n%lnv,@.pprl The Dept. of Community Affairs coordinates the arid Confrol, Flood Insurance Program which requires that local governments adopt land use controls in such areas to qualify for Flood insurance. Under Chapter 253, Florida Statutes, the Trustees of the Internal Improvement Trust Fund have authority to control bulkhead lines. Under Chapter 161.053, Florida Statutes, the DNR, Di@ision of Beaches & Shores is charged with establishing a setback line for coastal construction along the Gulf and Atlantic Beach shoreline. Pending federal legislation would give further support to the state's objectives. *The agencies designated ma3 or may not presently have sta-utory powers with regard to responsibility to the st. categories. -25- � 920.13 Geographic arcaa of particular concern. According to Mary Lou Stursa of Florida's (1) Areas of unique, scarce. fragile, or Bureau of Coastal Zone Planning, the process vulnerable natural habitat, physical fea- ture, historical significance. cultural outlined in the preceeding pages will provide value, and scenic importance; (2) Areas of high natural productivity the basis for development guidelines for Coastal or essential habitat for living resources. including fish, wildlife, and the various Zone Management Act categories 1, 2, 3, 7 and 8. tropWc levels in the food web critical to their weU-being; 2 1(3) Areas of substantial recreational Categories 3, 5 and 6 were left unaddressed. value and/or opportunity; . (4) Areas where developments and f a- cilities are dependefit upon the Utffiza@;' tion of, or access to, coastal waters; (5) Areas of unique geologic.or topo- graphic signi ficance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utUization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms. slides. floods. ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources. such areas including coastal flood plains, aquifer recharge axeas. sand dunes. coral and other reefs, beaches, offshore sand deposits. and mangrove stands. -26- .References- 1. Coastal Coordinating Cou,ncil. Florida Coastal Zone Mana ement Atlas. 1972. 2. Letter from Mary Lou Stursa, Bureau of Coastal Zone.Planning, July 22, 1975. Contact- Mary Lou Stursa Information Supervisor Bureau of Coastal Zone Planning Crown Building, 202 Blount St. Tallahassee, Florida 32304 ILLINOIS Illinois has proposed, for in-house discussion, a nomination process for defining geographic areas of particular concern in its second and third program years. It will be based directly on the categories listed in subsection 920.13 of the Coastal Zone Management Act rules and reg- ulations. Illinois' relatively limited 59 mile, urban shoreline will allow the state to be much more detailed in its designation process than many other states regardless of the method chosen.@. , An evaluation/nomination process with three stages is tentatively scheduled to begin operating this year. They are: 1. Area of Concern. A generalized geographic area relating to the coa zone and to subjects of concern which exibit significant problems or opportunities as perceived by a public or private par- ticipant in the Coastal Zone Management Program and which is worthy of further study. Criteria derived from assessing the following representative factors will assist in these designations: areas of substantial recreational value or high natural productivity or unique or fragile features, unique geologic or topographic significance for industrial or commercial development; areas of significant hazard, such as high risk erosion or flooding areas; and areas of intense competition for shoreline resources. 2 (These areas will not be reflected in the ultimate management program.) 2. Area of Particular Concern. An area of concern which has been designated for intensive study by the state because of its relative importance to the coastal zone, the immediacy of need for a decision, the level of public investment committed or to be com- mitted, or the potential extent of social or economic impact of coastal zone management on existing private properties. This area may be both a study area and a management area involving public bodies' at any or all levels. 2 These areas will be evaluated as to their level of concern: federal, state, regional (two or more adjacent municipalities) or of local concern. 3. Area of Particular State Concern. An area of particular concern which has been officially designated by the state, following re- quired public hearings, to be of such importance to the citizens of the state as to require the exercise of some level of state respons- ibility for appropriate land and/or water resource management. The responsible agencies shall specify the boundaries of the area and the reasons why the area is of particular concern. 2 (Only those areas of particular state concern will be reflected in the management program.) Nominations for areas of concern will be taken from any state agency or consultant to the Coastal Zone Management Program, any local unit of government, a special interest group or the general public. Local govern- ments are presently receiving small planning grants to help them designate areas of concern. I Details of the nomination application have not been finalized but will be forthcoming shortly. -28- The initial round of evaluation will be done by two state-level groups: the Division of Water Resources and the Lake Michigan Shoreline Advisory Committee. This evAluation will try to eliminate those areas that do not qualify, consolidate or redefine areas and avoid conflicts. Municipalities in which areas are nominated will be notified and asked for their comments. After approval''as an area of concern, the sponsor of the area will be requested to submitt a f ormal, detailed application for desingating the area an area of particular concern. These applications will go through the same evaluation and notification procedure as areas of con- cern and, in addition, special public hearings will be held in the pro- gram's third year. Areas of particular concern may be designated to be of concern-to federal, state,.r.egional-or local governments. Designation of an area as an area of particular state concern would require the state to per- form a management function. It would also provide for certain types of assistance to local governments (even in home rule communities). Presently, the evaluation criteria aret.:;general, but they will be expanded shortly. They are: each area must meet the intent of one or more types of areas described i'n the Coastal Zone Mana-ement Act's rules and regulations the vulnerabilLty to change would be considered (positive and negativeTand wouT@din_Elude: immediacy of change, the rate of change, the effect of change on unique or scarce resources, the intensity of impact resulting from the change and the irreversibility of change; the intensit of concern on the part of four groups would be considered: property own ers and residents, special interest .groups, governing bodies and the general public; the level of concern - federal, state, regional or local would be considered. 2 The proposal points out that local governments would benefit from the designation of an area of particular state concern because the state's financial, legal, technical and administrative resources will be applied to the proVems and opportunities in those areas. Initial designation of the areas of particular state concern should be completed by June 1976. 1 Other areas could be added after that date by the same process. -29- Illinois does not have a strong state land-use planning system to call. on to supplement or enhance its Coastal Zone Management Program. -30- � 920.13 Geographic areas of particular conceffirl. All categories are covered by the (1) Areas of unique, scarce, fragile, or vulnerable natural habitat, physical fea- nomination process. ture, historical significance, cultural value, and scenic importance; (2) Areas of high natural productivity or essential habitat for living resources. including fish. wildlife, and the various trophic levels in the food Web critical to their well-being; .(3) Areas of substantial recreational value and/or opportunity; (4) Areas where developments and fa- cilities are depelident upon the utiliza- tion of, or access to, coastal waters; (5) Areas of unique geologic or topio- graphic significance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped. due to storms, slides, floods, ero- sion. settlement, etc.; and (8) Areas needed to protect. maintain or replenish coastal lands or resources, such areas including coastal flood plains. aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits. and mangrove stands. -31- References- 1. Telephone Conversation with Chris Shafer, Illinois Coastal Zone Manage- ment Program. August 28, 1975. 2. Barton-Aschman Associates, Ihc. . Preliminary Procedures. for PLsigEating Areas of Particular Concern. June 30, 1975. Contact- Chr,is Shafer Illinois Coastal Zone Management Program 300 North State St., Room 1010 Chicago, Il1inois- 60610 (312) 793-3123 MAINE Development of the Maine Coastal Plan began in 1969 and has re- sulted in an advanced concept of coastal management. Areas of partic- ular concern were defined and an overall management approach developed during that long lead time. Wne's coastal resources management program contains three elements; 1. areas of particular concern desi.gnation; 2. suitability of areas for activities of major state concern; 3. preliminary regional land-use plans. Areas of particular concern are d6fined as areas where the interests of different groups are likely to conflict and where land use significant- ly affects the state and its people as a whole. 1 Ten categories of areas where developed (Figure 1 on pages. 33..and-`@,34 note specific examples in each category): I. Hazard Areas- Floodplains of both tidal and inland waters as well as other types of areas which present similar hazards are of concern because of safety considerations, the danger of environmental damage, and unnecessary private and public costs associated with in- appropriate development in these areas; II. Si nificant Natural, Scientific, Historic, Cultural or Archaeological Resources- These are of concern because of their value in promoting a better understanding of the natural world and the traditions of man; III. Areas Where Development Sighificantl Affects the General Public and Which are Under Intense Q_evelopment Pressure- Substantial,, sometimes conflicting developments occur Wf_thi@ -these areas and such development activity can significantly affect the public at large. Examples of two specific types of areas within this category are fragile shoreland areas and areas along federal and state highways; IV. Economically Valuable and Potentially Valuable Natural Resources- The resources in these areas lend themselves to uses which can provide significant economic returns to the region * Specifically included within this category are significant mineral deposits, sites suitable for aquaculture, and prime agricultural areas; V. Ecoloqicallv Sensitive Areas- These areas are of concern both because @f the Otal role which they play in the functioning of natural systems and their vulnerability to changes induced by dev- elopment and extensive use. This broad category includes wetlands (both fresh and salt water types), and beach and dune systems; VI. Significant Recreational Resources- Recreational resources are particularly important in Maine's coastal zone because recreation -33- Figure I A listing of the speciFic types of areas to be shown as a part of this presentation follows: I Hazard Areas 1. Floodplains 2. Other hazard areas 11. Areas of natural, scientific? cultural, hist oric and prehistoric significance. Ill. Areas where development affects the public and which are under intense development pressure I . Shoreland areas as defined in stat e law. 2. Areas within 250 feet of highways IV. Areas with economically valuable or potentially valuable natural resources 1. Areas with valuable or potentially valuable mineral resources 2. Existing and potential aquaculture sites 3. Existing and potential agricultural areas 4. Areas which are intensively managed for and highly productive of timber products V. Ecologically Sensitive Areas 1. Wetlands 2. Beach and dune systems 3. Areas especially vulnerable to erosion 4. Other significant ecologically sensitive areas V1. Areas which offer significant recreational opportunities 1. Significant beaches 2. Heavily used footpaths 3. Heavily used canoe routes 4. Other areas which offer significant recreational opportunities -34- VII. Significant Scenic Areas 1. Significant scenic viewpoints and foreground components of the views 2. Significant scenic or aesthetic areas or sites Vill. Routes of Public Access Ix. Important Habitat I Deer Wintering Areas 2. Waterfowl nesting areas 3. Waterfowl overwintering areas 4. Clam flats 5. Worm flats. 6. Lobster habitat 7. Scallop beds 8. Streams used by anadromous fish (salmon, alewives, smelt) 9. Lakes and ponds of high value for sport fishing 10. Others similar X. Watersheds of municipal water supplies taken from: flogjam and Process for the Acquisition, Analysis, Synthesis and RLsyLaj of Information Relevant to Resource Plannin in the Coastal zone. -35- pressures are substantial and growing. Furthermore, very little coastal land is in public ownership. Specific types of areas in- cluded in this general category are significant beaches, heavily used footpaths and others; VII. Significant Scenic Areas- These areas are of concern be- cause they affect the experiences of the general public in an area. Scenery is one of the outstanding qualities of the coast and is re- cognized as being a legitimate concern in numerous state statutes as well as the Coastal Zone Management Act. Examples of types of areas which are included under this broad category are scenic vistas and particularly scenic stretches of highway; VIII. 'Existing and Potential Routes of Public Access- Access is a key element in f-h-e @_ubliC s use and enjoyment of coastal re- sources. Lack of access to the coast is a real and growing problem in Maine. While the publiciis guaranteed the right of navigation and fishing in the intertidal zone, in many areas the right is in fact non-existent since adjacent shorelands are privately owned. For these reasons, existing and potential routes of access to the coastline are of prime concern; IX. Important Habitats- Habitats which support relatively large populations of important animal species (or rare and endanger- ed species) are of concern because of the tangible'and intangible values of these populations. This category includes significant deer wintering areas, waterfowl nesting areas, waterfowl over- wintering areas, clam and worm flats and lobster concentration areas; X. Watersheds of Municipal Water Supplies. 1'2 The types of areas included in these categories are similar to Maine's State Register of Critical Areas for sites of "natural-, scenic, scientific and historical ... overriding state interest." 3 The coastal plan defines areas of particular concern more broadly and is not as highly selective as the special Critical Areas Advisory Board. To further help in the management process, the suitability of land and water areas for selected activities of major state concern was ex- plored. This included two major elements: selected large-scale development activities; suitability of surface water areas for waste discharge from development activities. Selected large-scale,.@development activities fall into two categories: -36- 1. activities which involve the construction of large buildings such as industrial plants, warehouses, port facilities, power plants, commercial complexes, office buildings, shopping centers, auditoriums, etc.; 2. large residential developments or subdivisions (further differentiated by the method of sewage disposal employed). A detailed definition includes: A. large buildings (over 60,000 square feet of floor space); B. large subdivisions (over 20 acres) with septic sewage disposal; C. large subdivisions with sewage collection systems. 1 The coastal area was then analyzed to determine how suitable it was for large-scale development. Three levels of suitability were defined: areas suitable for 1 of 3 uses above (A, B or C); areas of intermediate suitability for I of 3 uses above.(A, B or C); areas unsuitable for 1 of 3 uses above (A, B or C). Three principle land and resources features were used as determinates in the suitability process: 1. soil and surficial geologic material which are either im- properly drained, unstable or otherwise unsuitable for con- struction and maintenance of large buildings; 2. bedrock geologic conditions which are either waterbearing, unstable or otherwise unsuitable for the construction and maintenance of large buildings; 3. locations on or in flood plains, areas of scientific sig- nificance, areas of historic and prehistoric significance, significant scenic or aesthetic areas, the foregrounds of significant views, wetlands, significant beach areas or beach and.dune systems., shoreland areas especially vulnerable to erosion or slumping, other significant ecologically sensitive areas, and significant wildlife habitats (including deer wintering areas and waterfowl nesting areas). 1 The theory and basis for Maine dealing in such a deta,iled way with developments of large-scale was taken directly from their Site Location of Development Act which regulates large-scale land uses. The suitability of surface water areas for waste discharge from development activities is an assessment of the capacity of water areas to assimilate the currently unavoidable discharge of waste from develop- -37- ment activities. The concern is with legally discharge wastes following "best practicable" treatment of organic materials from sewage, paper mill waste and food pro- cessing waste, disease bearing bacteria, plant nutrient and suspended solids from sewage, urban runoff and eroding soil, heavy metals, toxic chemicals, radiation and nutrients from industrial and other sources, and heated water from power plants and other industries. .This would include largqa-scale developments and small facil-ities requiring licenses and producing substantial volumes of waste. The basis for this suitability determination is a variety of water protection and improvement laws (as applied to lakes and rivers) in Maine. Maine's Water Quality Classification law is also inv6lved. A thiH element in Maine's Coastal Plan is the preliminary regional land-use plan. The regional land-use plans are to be very general and not site specific. They will designate areas for expansion of development within a ten year planning horizon. They will not deal with major land use changes or with facilities that.must be segregated from other uses (oil refineries and nuclear power plants are 'examples). Four principles will guide the development of the regional land- use plans: 1. development should be located in areas which are the most suitable for such use from the point of view of re'source capabilities; 2. development should avoid use conflicts; 3. intense development should be clustered around nodes 'to allow effi-cient provision of services and maintenance of open space; 4. areas of existing development are the best nodes to build around, since they would be difficult- if not practically impossible- to remove and further because they represent the integration of factors which are natural focal points for development. 1 Regional plans will begin the discussion of the.allocation of coastal resources. Four land-use classes were devised from natural re- source features for the regionalland-use plans. All land in the coastal area will be analyzed and placed in one of these four land-use classes. Figure 2 defines these areas clearly on page38 Maine would implement-its coastal plan through laws already in effect.and by,@bplstering.,Iqcal an®ional plann.ing capabilities. Five -38- Figure 2 The Suitability Of Land and Water Areas for Selected Activities of Major State Concern Summary Chart of Criteria Used in Delineating Land Use Classes Land Use Classes and Areas to be Included Land Use Class I (Moderate to high intensity development) 1 . Areas with existing moderate to high intensity ment would not conflict with public values as development (more than approximately 200 reflected in the designation of areas of par- principle buildings per square mile); and ticular state concern or otherwise; and are 2. Areas developed at a lower intensity which accessible. have slopes less than 15%; soil, geologic, and Land Use Class III hydrologic conditions suitable for intense (Management) development; locations where intense de- 1. Areas most appropriate for agricultural or velopment would not conflict with public forest management because of a general land values as reflected in the designation of use pattern of agricultural or forest use; un- areas of particular state concern or other- suitability for development because of slopes wise; locations contiguous with or closely greater than 15%; poor soil conditions (in- proximate to an existing or desired develop- cluding shallowness, poor drainage, presence ment center; are needed to accommodate the of impervious layers, etc.) the existence of amount of moderate to high intensity develop- hazards such as flooding,conflicts b6tween the ment expected to occur over the next 10 use of these areas for development and public years; and which have a comparative ad- values as reflected in the designation of areas vantage for accommodating this intensity of of particular state concern or otherwise (of development relative to other areas in the particular importance in this regard is the vicinity. value of maintaining -areas highly suitable for Land Use Class 11 agricultural or forest production in an un- (Low intensity development) developed condition) -and/or inaccessibility. 1. Areas most appropriate for low intensity de- Land Use Class IV velopment because of a general land use (Areas with sig 'nificant public values) pattern of low intensity non-agricultural or 1. Areas with significant public values as re- forestry development and either absolute or flected in the designation of areas of particular comparative unsuitability for moderate to state concern. The public values considered high intensity development. The undeveloped in the designation of this class include scien- portions of these areas have slopes of less tific, historic, cultural, archaeologic, ecologic, than 15%; soil, geologic, and hydrologic con- recrdational, and scenic values as w.ell as ditions suitable for low intensity develop- public access. ment; locations where low intensity develop- Subdesignations Within Land Use Classes Land Use Class I Land Use Class III (moderate to high intensity development) (management) Where areas within Land Use.Class I are approp- Areas within Land Use Class III where special riate for only one type of development, they are care must be exercised in conducting agricultural designated as such. The designations are: or forest op 'erations are designated as "caution" Industrial areas. These include shorelands, slopes over Commercial, and 25%, soil slump areas and others. Residential The factors considered in determining subdesig- nations include resource characteristics and compatibility with existing uses. taken from: An Introduction to the Maine Coastal Plan. 40 -39- laws are the focal points: 1. The Site Location of Development Law, 2. A State Register of Criti.cal Areas, 3. Mandatory Shoreline Zoning and Subdivision Control, 4. Wetlands Protection Act, 5. State Department of Environmental Protection, Water Quality Prot.ection Laws. -40- 920.13 Geographic areas of particular concerm Maine's categories do not deal (1) Areas of unique, scarce, fragile. or vulnerable natural habitat. physical fen- with the Coastal Zone Management Act .'s urban ture. historical significance. cultural value, and scenic importance; concentrations category. (2) Areas of high natural productivity Pr essential habitat for living resources, including fish, wildlife, and the various They divided up one,category.into two trophic levels in the food web critical to their well-being; parts. Category I was divided into: signifi- .(3) Areas of substantial recreational value and/or opportunity; cant natural, scientific, historic, cultural (4) Areas wl)-ere-developments and-fa= cilities axe dcpe'hdent upon the utiliza- or archaeological resources; significant scenic tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- areas; and ecologically sensitive areas. graphic sigrkificance to industrial or com- mercial development; Two categories are added which are not (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; specifically noted: economically valuable and (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- potentially valuable natural resources and sion. settlement, etc.; and (8) Areas needed to protect, maintain existing and potential routes of public access. or replenish coastal lands or resources. such areas including coastal flood plains. aquifer recharge areas, sand dunes, coral and other reefs, beaches. offshore sand deposits, and mangrove stands. References- 1. Coastal Planning Group. An Introduction to the Maine Coastal Plan. November 1974. 2. Coastal Planning Group. Program and Process for the Ac uisition, Anal sis, @ynthesis and Pilpla of Information Relevant to Resource Plannin in the Coastal Area. 7974. 3. State Planning Office. Maine's Critical Area Lrogram (revised draft). March 30, 1975. Contact- Allen G. Pease, Director State Planning Office 184 State Street Augusta, Maine 04333 (207) 289-3261 MARYLAND Maryland has had a vigorous in-house discussion of their approach to areas of particular concern going for the past several months. The follow- ing summary indicates their most recent thinking. It does not reflect their final thoughts on the matter by any means. Areas of particular concern are defined as areas that possess in- trinsic cultural or natural values that, for explicit.1ty stated reasons, are of such importance to the coastal resources of the state of Maryland that the.state should play a role in the management of those areas. Specific areas noted by Maryland are: all tidal waters and associated submerged lands, extending seaward to,the extent of state jurisdiction and landward (upstream) to the upper extent of tidal influence; all state and private tidal wetlands as defined by the Maryland Wetlands Act and as mapped pursuant to the Act; all upland shorelines of tidal waters and tidal wetlands extending inland 600 feet or in another definition, con- tiguous shoreline land-use units; critical inland natural areas as defined subject to the on-going study of inland natural areas. I Areas of natural hazards are defined in the course of Maryland's determination of permissible uses. The two broadest areas of particular concern (the first and third areas above) form the major framework within which Maryland defines Shoreline Planning Elements. An early staff paper concluded that con- trolling uses within or that have an impact on areas of particular concern and uses that have a significant impact upon coastal waters was to be Maryland's main emphasis. Shoreline Planning Elements are defined as a method of implement- ing the areas of concern program to manage shor6lin6 uses. The Shoreline Planning Elements are designed to achieve five goals: A. protection and enhancement of submerged aquatic resources; B.-protection and enWcement of wetland resources; C. protection and enhancement of upland natural values; D. preservation and enhancement of public use@ and enjoyment of coastal resources; E. protection of the public welfare. -43- A detailed definition of each of the five Shoreline Planning Elen)ents and its associated management objectives follows. 1. Resource Protection Areas- natural areas of particular concern including tidal wetlands, non---t-i-Jal wetlands (greater than five acres), critical upland natural areas (approximately 700 inventoried to date in a special continuing study), and aquatic critical areas; important historicand archaeological areas; prime agricultural lands; Management Objectives- -- tidal wetlands to protect the natural values associated with tidal wetlands by enhancing the effective implementation of the existing wetlands protection act; --.non-tidal wetlands: to protect the natural values associated with non-tidal wetlands; upland natural areas: to protect high priotity upland natural areas; aquatic critical areas: to protect these areas; historic and archaeological areas: to protect areas of state or national significance; prime agriculatural land: to preserve these areas for agri- cultural use; 2. Low Use Lands- areas with current development densities less than one7-unit per five acres; Management Objectives- to allow development that results in a minimum impact on shore- line character and aquatic resources, is compatible with the development suitability of the land and water resource base, and is consistent with the county master development plan and zoning ordinance; 3, Community Areas- unincorporated areas with a development density greater than one unit per five acres; 4. Developmental Critical Areas- Baltimore harbor; other incor- porated waterfront cities; proposed major development, major facility, industrial or port sites; suitable major development, major facility, industrial or port sites; Management Objectives- -- objectives are being formulated in a separate project; 5. Federal Lands- all federally owned shoriline lands including wildlife@_management areas and military lands. Management Objectives- -44- no objectives proposed.2 To achieve the management objectives of Low Use Areas and Community Areas' Maryland identified "potential impacts and associated activites which interfere with the achievement of the five major goaIs and (developed) suitability factors to be applied toa'.`,w` help determine'permissible uses.'"2 Table D on pages 45 through 47 reproduces this information. Zoning and land- use guidelines will be.developed reflecting the suitability criteria. Primary responsIbility for planning will still be vested in the county. "State concerns with economic growth and development and use decisions of greater than local impact as expressed through the state land-use and econ- omic development plan will also be reflected in local land-use and develop@- ment plans."2 The coastal zone management program's efforts to designate areas of particular concern will be "closedly tied into critical areas programs es*- tablished in the (Maryland) Department of State Planning by the State Land Use Act of 1974."3 To briefly elaborate, Maryland has been quite active in state land- use planning. They have issued a series of technical reports to support the preparation of a State Development Plan. The Plan willihave an emphasis on the concept of natural ca0ability/suitability of land to support land uses. -45- Table D Chart I Protection and Enhancement of Aauatic Resources Impacts Activities Suitability factors 1) Degration of H20 Dredging and Spoil Location of Hazard areas- Quality disposal e.g. tidai unindation, erosion areas - Point source: Filling Industrial, municipa Canal dredging Water Quality Channelization Location of shellfish beds -Non-point sourCE Industrial & public waste Location of finfish areas', outfails especially spawning -Aesthetic Faulty septic tanks Location of submerged or emergent vegetation Offshore construction 2)' Destruction of Recreation flushing rates Aquatic Habatit Shipping traffic Boat facility sites - Construction Pipeline, sub-surface Soil erodbility cable construction - Dumping/Filling Soil percolation qualities - Removal Boat discharges Waterwastes receiving capacity Clearing &Tilling Waste Water Treatment capabi lities 4 louttlo'l Application of pesticides & herbicides Construction of roads and bridges Vegetation removal Chart II Protectior and Enhancement of Wetland Values Impacts- Activities Suitability C. ro rs 1) Degration Dredging Wetland acreage -Chemically, i.e. Channelization Vegetation type water pollution - Physically,, Filling Wetlands location sil-tingvegetation Constructions - on site Wetland Wildlife disturbance, modi- Construction-adjancet land Water flow & flushing fying,, water fiow -Aesthetic including incompati- Vegetation removal Adjacent land use @le adjacent iand us All other activities listel in Table I Water Quality -46- Chart III Protection and Enhancement of Upland Natural Values .Impacts Activities Suitability factors 1) Degradation - Air. Auto emmissions -air sheds Quality Industrial air discharges -setbacks 2) Destruction: Open burning -vegetation Coastal Zone interest Elemenation of adequate -location of natural areas in upland areas can be aquatic.buffer (already location of potential. justified only as the defined) by vegetation -public use areas upland relates or pro- removal, digging, tilling -erosion rates vides a linkage to or construction -soils wetland and aquatic ecosystems. This Pre-emptive use -land use interest would lie in Noise maintaining upland areas as a buffer (both visual and hydro- lic) and as use of the upland affects public use of the coastal resources. The other area that must be included is pre-emption of areas by non-coastal dependent uses. Chart IV Preservation and Enhancement of PubiicOXI-and Enjoyment Impacts Activities Suitability -tacrvia 1) Use that pre-empts Construction (pre-emptive area type exist ing or potential use) area location opportunities for , areas site type coastal related public Vegetation removal beach width recreation,, including access beach swimming, boat vegetation launching, pier fishing water quality crabbing, nature study, water depths camping, picnicking, water bottom material etc. erosion rates vistas wilalif e -47- ..Chart V Protection of Public Welfare Impacts Activities Suitabiiity -Act, 1) Loss of life or pro- Location ot life or pro- location of fioodplains perty, or health resulting perty in hazzard areas from natural acts. areas of tidal unindat- ion;high erosion areas taken from: Areas Of Partitular Concern and Permissible Uses: The Shoreline El r T_ _tment.7@ aft7 75. Coastal Zone Management', WateFResources Administration. -48- 920.13 Geographic areas of particular concent. Maryland chose to identify broad areas of (1) Areas of unique, scarce, fragile, or vulnerable natural habitat. physical fea- particular concern, i.e. areas of tidal influence ture, historical significance, cultural value. and scenic importance; and contiguous shoreline land uses, and let their (2) Areas of high natural productivity pr essential habitat for living resources, permissible uses investigation develop many of the including ftsh. wildlife, and the various tropb.ic: levels in the food web critical to items mentioned in the Coastal Zone Management Act's their well-being; 1(3) Areas of substantial recreational categories as areas of particular concern. value and/or opportunity. (4) Areas where developments and fa- cilities are depebdent upon the utUiza- The main thrust of Maryland's areas of con- tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- graphic sigWficance to industrial or com- cern definition is to provide a framework within mercial development; 4 (6) Areas of urban concentration which permissibl.e uses will be defined. where shoreline utilization and water uses are highly competitive; In its present form, there is no provision (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- made for identifying cultural areas of concern in sion, settlement, etc.; and (8) Areas needed to protect, maintain the Act's categories. or replenish coastal lands or resources. such areas including coastal flood plains. aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -49- References- 1. Coastal Zone Management Program. DRAFT General Pro@ram Framework for Areas of Particular Concern and Permissible Uses. May 1975. 2. Coastal Zone Management Program. DRAFT Areas of Particular Concern and Permissible Uses: The Shoreline Element. July 24, 1975. 3. Coastal Zone Management Program Request for Assistance Under Section 305. April 16, 1975. 4. Telephone Conversation with William Jackson, Maryland Coastal Zone Management Program, August 4, 1975. Contact- William L. Jackson Natural Respurces Planner Coastal Zone Management Water Resources Administration Department of Natural Resources Tawes State Office Building Annapolis, Maryland 21401 (301) 267-1235 NEW YORK At this writing, only natural areas of particular concern have been identified by the New York Coastal Zone Management program. The full definition of areas of particular concern will not be complete until the publication of an Operations Manual to help local and regional govern- ments plan for the coastal area. I New York envisions three groupings for its "natural critical are as." 1. Fragile and unique resource areas where development not care- fully reguTa-te-cT i-n-d @Eo_nt@_olled coul result in likely irreversible damage. In some cases complete protection from development may be required. 2 Examples: essential or productive wildlife habitats; shorelands of streams; 'endangered or threatened species habitat; special physical features (gorges); prehistoric sites; scenic sites. 2 2. Special natural productive areas where development not care- fully regulated and controlled could result in the loss, reduction or irreversible damage of continued longterm productivity and/or use to meet water, food, fiber, mineral resource and energy requirements. 2 Examples: prime agriculture and forest areas; aquifers and aquifer recharge areas; water supply lands; valuable mineral resource areas; valuable natural or essentially natural areas for the production of energy from wind, sun and/or geo- thermal sources. 2 3. Special natural problem areas where development not carefully regulated and control could mean endangerment to life and property. 2 7 Examples: flood plains; slopes of 15% or greater; unstable soil and bedrock areas; areas not naturally suited to development- sand dunes, barrier beaches, bluffs, high water table. 2 Four major "value components" were used to identify natural critical areas: A. intrinsic qualities or characteristics of the natural resource; B. biological productivity; C. protection of the natural ecological systems; D. problems or' hazards resulting from use not consistent with the nature of thenatural resources. 2 Priority for inventorying these natural critical areas will go to those areas that may be of greater importance with regard to determining land-use suitability. New York determined the following to be high priority areas: essential or productive wildlife habitats; shorelands of streams with significant undeveloped areas; endangered or threatened species habitat; rare or endangered plant communities; 2 urban open spaces suitable as wildlife habitats. New York may draw from a variety of state land-use planning ex- periences to supplement its coastal zone management program. The Leg- islature is also currently considering a critical resource areas bill to identify statewide critical areas.3 -52- � 920.13 . Geographic arcas of partkular concerm A complete comparison cannot be made at (1) Areas of unique, scarce, fragile, or vulnerable natural habitat. physical fea- this time. ture, historical significance. cultural value. and scenic importance; (2) Areas of high natural productivity or essential habitat for living resources, including fish, wildlife, and the various trophic levels,in the food web critical to their well-being; .(3) Areas of substantial recreational value and/or opportunity; (4) A-reas where developments and fa- cilities are depOrident, upon the utiliza- tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- graphic signifIcance to industrial or com- mereW development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of signifIcant hazard if de- veloped, due to storms, slides, floods, ero- sion. settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources. such areas including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -53- References- 1. Telephone Conversation with Charles C. Morrison, Jr. Chief, Land Resources Planning Group. July 29, 1975. 2. Land Resources Planning Group. DRAFT Guidelines-CZM Operations Manual Identification of Geographic Areas of Particular Concern: Natural Critical Areas. July 1975. 3. Charles C. Morrison, Jr., Critical Areas:..An.Emerging Strategy. July 1975. Contact- Hank Williams, Director Division of State Planning Department of State 162 Washington Avenue Albany, New York 12231 (518) 474-6000 William H Lee Room 418 New York Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 (518) 457-4130 NORTH CAROLINA The North Carolina coastal zone management program was conceived under a state-initiated coastal management act that has developed and is operating a program with emphasis on local government's role (county in this case); The Coastal Area Management Act of 1974 required the Coastal Resources Commission to develop state guidelines for the public and private use of land and water areas within the coastal area. The Commission completed that task in January (1975). The guidelines are centered around management goals provided in the Act and give particular attention to the nature of development appropriate within various types of areas of environmental concern. Interim areas of environmental concern should be approved by the Commission this November (1975). 1 North Carolina defines areas of environmental concern as "areas- water as well as land- in which uncontrolled or incompatible development might result in irreparable damage. 112 Seven categories of areas of environmental concern are defined in the North Carolina Act and guidelines: 1. Coastal Wetlands- low tidal marshland, other coastal marshland; 2. Estuarine Waters- all waters seaward of the dividing line between coastal fishing waters and inland fishing waters (established by the state in 1965); 3. Renewable Resource Areas- watersheds or aquifers- small surface water supplies, watersheds or aquifers- special aquifer-,areas (ooter banks* and barrier islands); 4. Fraqile, Historic or Natural Resource Areas- existing national or state forests, existing national or state parks, existing wildlife refuges, preserves or management areas owned by the state or federal government, complex natural areas (wilderness areas), areas that sustain remnant species (rare and endangered species), areas that contain unique geologic formations, historic places, registered natural landmarks (as registered by the *outer banks- seaward side of barrier islands. -55- U.S. Secretary of the Interior); 5. Public Trust Areas (public right of access)- public trust waters (recreation, sport fishing, boating); 6. Natural Hazard Areas- sand dunes along the outer banks, ocean beaches and shorelines (on outer banks), floodways, river flood p1dins, coastal f1bod plains, excessive erosion areas- coastal inlet lands, excessive erosion areas- ocean erodible areas, excessive erosion areas- estuarine and sound and river erodible areas; 7. Areas Which Are-.@or tLay Be Lmyacted by Key Facilities.(not ad- dressed in the g5-i-delin_es)- airports, major interchanges, major frontage access roads, major facilities for the development, generation and transmission of, energy on non-federal land. 2,3. The guidelines present each area of environmental concern with a similar format. Each has a brief description, a statement of significance, the policy objective(s) and appropriate land uses. Figure 3 on page 56 provides one example. The Coastal Resources Commission has also issued maps spatially locating the interim areas of environmental concern on a county by county basis. To implement the Act, North Carolina relies upon its county land-use planning process. Guidelines were developed to help the counties produce the three main components of the newly required coastal planning element: 1) a land classification map, 2) a local land-Use issues, goals and objectives statement (incorporating state goall-s and objectives) and 3) a written text describing and designating appropriate development for areas of environ- mental concern (incorporating state approved uses from the guidelines). [The last two requirements are self-explanatory.] The results of this process will be reviewed by the Commission for consistency with state guidelines. The standard North Carolina Land Classification System in use has five classes:-of land: 1. Devtloptd- lands where existing population density is moderate to high and where there arei:,.a variety of land uses which have the nec- AQLI@ -56- Figure 3 5.5. Fragile, Historic or Natural Resource Areas --Area?s that. Sustain Remnant Species. a. Description. Areas that sustain remnant species are those places that support native plants or animals, rare or endangered, within the coastal area. Such places provide habitat conditions necessary for the survival of existing populations or communities of rare or endangered species withinthe county. Determination will.be by the Commission based upon accepted lists published by the State or Federal Government and written reports or testimony of competent experts indicating that a species is rare or endangered within the coastal area. b. Significance. The continued survival of certain native plants and animals in the coastal area that are now rare or endangered cannot be assured unless the relatively few well defined areas providing necessary habitat conditions are pro- tected from development or land uses that might alter these conditions. These habitats and the species they support provide a valuable educational and scientific resource. C. Policy Objective. To preserve habitat conditions necessary to the continued survival of rare or endangered native plants and animals and minimize development or land uses that might jeopardize known areas that support remnant species. d. Appropriate Land Uses. Appropriate land uses shall be those consistent with the above policy objective. Lands within the AEC shall not be planned for uses or kinds of development that will unnecessarily jeopardize the habitat conditions respons ible for the continued survival of the respective plants or animals. taken from: State Guidelines for Local Planning in the Coastal Area. -57- essary public services; 2. Transition- lands where local government plans to accomodate moderate to high density development during the following ten year period and necessary public services will be provided to accomodate that growth; 3. Community- lands where low density development is grouped in existing settlements or will occur in such settlements during the fol- lowing ten year period and which will not require extensive public services now or in the future; 4. Rural- lands whose highest use is for agriculture, forestry, mining, water supply, etc. based on their natural resource potential. Also included are lands for future needs not currently recognized; 5. Conservation- fragile, hazard and other lands necessary to maintain a healthy natural environment and necessary to provide for the public health, safety and welfare.'3 The land classification system encourages uniformity and consistency between local governments and aids in the Coastal Resources Commission's review process. It also provides an overall, general framework for public policy: acquisition, regulation and taxation. Every county in the coastal zone will classify its land into one of the above categories. During the classification process the state guide- lines require an extensive set of data items to be analyzed. They are aimed at addressing these issues: A. the impact of population and economic trends; B. the provision of adequate housing and other services; C. theconservation of productive natural resources; D. the protection of important natural environments; E. the protection of cultural and historic resources.3 A complete list of required and optional data items is contained in Figure 4 on page 58. The ultimate implementing mechanism for directing appropriate develop- ment in areas of environmental concern is permit authority. Anyone seeking to develop in any area of environmental concern will have to obtain a special permit in addition to those already required. A division of permit authority is made based on the size of the proposed devel opment. For major developments or any development that now needs any state -58- Figure 4 REQUIRED AND OPTIONAL DATA ANALYSIS ITEMS FLEMEAIT REQUIRED OPTIONA L 1. PRESENT COND)TIONS: a. Population ind Economy Brief analysis, utilizing existing information. More detailed analyses relating to human resources (population composition, migration rates, educational attainment. etc@) and economic development factors (labor force characteristics, market structure, employment mix, etc.). b. Existing Land Use Mapped at generalized categories, Figure 11. Mapped with more detailed categories including more detailed analyses, building inventory, etc. c.. Current Plans, Policies, and Regulations 1) Plans'& Policies 1) Listing and summary; 1) Detailed impact analysis of plans & policies upon land development patterns. I 2) Local Regulations 2) Listing and description of their enforcement 2) Detailed assessment of adequacy and degree mechanism. of enforcement. 3) Federal & State Regulations 3) Listing and summary (to be provided by N. C. Dept. of Natural & Economic Resouices). 2.. CONSTRAINTS: a Land Potential 1) Physical Limitations 1) Analysis of following factors (maps if 1) Detailed analysis and mapping of required information available): items. 0 Hazard Areas Analysis and mapping of additional factors: Areas with soil limitations 9 Sources of water supply * Water quality limited areas 0 Steep slopes * Air quality limited areas * Others as appropriate 2) Fragile Areas 2) Analy sis of following Jactors (maps if 2) Detaded analysis and rn'apping 2f required information available): items. * Wetlands Analysis and mapping of additional factors. e Frontal Dunes * Beaches * Prime wildlife habitats 9 Scenic and Prominant High Points a Unique Natural Areas 9 Other Surface Waters * Fragile Areas 3) Areas with Resource Potential 3) Analysis of following factors (maps if 3) Detailed analysis and mapping of required information available): items * Areas' well-suitcd for woodland Analysis and mapping of additional factors: management * Productive and unique agricultural lands * Areas with pottntial for commercial' e Mineral sites wildlife management * Publicly-owned forests, parks, fish and * Outdoor recreation sites game lands, and other outdoor * Scenic and tourist resources recreational lands * Privately-owned wildlife shnctuaries b. Capacity of Community Facilities * Identification of existing water and sewer Detailed community facilities studies Or plans service areas (housing, transportation, recreation, water and * Design capacity of water treatment plant, sewer, police, fire, etc.). sewage treatment plant,. schools, and primary roads 9 Per cent utilization of the above 3. ESTIMATED DEMAND: 2. Population and Economy 1) Population 1) 10-yr. estimates based upon Dept. of 1) Detailed estimate and analysis, adapted to Administration figures as appropriate. local conditions using Department of Administration model. 1 2) Economy -2) Identification of major trends and factors in 2) Detailed economic studies. the economy, b. Future Land Needs Gross 10-yr. estimate allocated to appropriate Dttailcd estimates by specific land use category Land Classes. (commercial, residential, industrial, etc.). c. Community Facilities Demand' Consideration of basic facilities needed to service Estimates of demands and costs for some or all estimated growth, community facilities and services. a k-c n from : 5 t 7? t e G ui del i r), Toca 1 P 1 "m ri"n C( ; n _59- permit, or occupies a land or water areas of greater than 20 acres or a S-ingle parcel with 60,000 square feet of floor space or more will require a permit from the state. Minor developments or any development not a major development will be required to obtain a permit from local authorities. Energy facility siting in the coastal area will also be handled under the Coastal Area Management Act and not by the State Utilities Commission. The current work of the North Carolina Land Policy Council and past state land-use planning efforts will belp North Carolina's coastal area management efforts. -60- 920.13 . Geographic areas of particular concern. North Carolina did not specifically follow (1) Areas of unique, scarce, fragile, or vulnerable natural habitat, physical fea- the federal Coastal Zone Management Act in ture, historical significance, cultural value. and scenic importance; designing this program. (2) Areas of high natural productivity pr essential habitat for living resources, The North Carolina approach does not cover )ncluding fish, wildlife, and the various trophic levels in the food web critical to categories 3, 4, 5 or 6 leaving out most manmade their well-being; . (3) Areas of substantial recreational features in the coastal area: Significant scenic value and/or opportunity; (4) Areas where developments and fa- and archaeological areas were also not included. cilities are depebdent upon the utUiza- tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- graphic sigrxiflcance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms. slides. floods, ero- sion, settlement. etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources. such areas including coastal flood plains. aquifer recharge areas, sand dunes. coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -61- References- 1. Letter from Nina Gower, Office of Marine Affairs. July 30, 1975. 2. Legislature. Coastal Area @anagement Act of 1974. 3. Coastal Resources Commission. State Guidelines for Local Plannin in the Coastal Area.,--Under the Coastal Area Management Act of 1974. January 27, 1975. OTHER. Secretary of Natural and Economic Resources. Beport to the Coastal Resources Commission from the Secretar Relative to q2Lj_g- C- nation of Interim Areas of Environmental oncern. 1975. Contact- Nina Gower Administrative Assistant Office of Marine Affairs Department of Natural and Economic Resources P.O. Box 27687 Raleigh, North Carolina 27611 (919) 829-2296 OREGON Oregon's approach to designating coastal areas of particular concern is within the broader context of its statewide land-use planning initiatives. It is also a result of state enacted legislation creating the Oregon Coastal Conservation and Development Commission (OCC & DC) in 1971 and not the result of the federal Coastal Zone Management Act. Orego0s Land Conservation and Development Commission (LCDC) has pro- posed a process for identifying areas of particular concern. The LCDC is empowered to delegate any of its functions to the OCC.& DC if it desires. But, the LCDC retains controlling authority concerning state land-use plan- ning.I The LCDC DRAFT guidelines defines an area (or activity) of statewide significance as any area of the state considered by the Commission for des- ignation as an area of statewide significance, provided it-contains or has a significant impact upon historical, natural, scientific, cultural or econ- ,omic resources or it prevents damage to an area that would result from un- controlled development within the area. The following are activities that may be designated by the LCDC as activities of statewide significance: 1. planning and siting of public transportation facilties, 2. planning and siting or public sewerage systems, water supply systems and solid waste disposal sites and facilities; 3. planning and siting of public schools; 4. other activities that may be recommended as significant by the LCDC. 2 The LCDC may consider any area of the state as an area of statewide sig- nificance on its own, as the result of local nomination or upon a citizen's request. It prepares a background report on the area noting its boundaries, significance, local plans that effect it and why they do not adequately protect the area, dangers that would result from improper use, advantages to be achieved by controlling development and recommends a management plan. 3 After approval of a significant area-management plan by the LCDC and the Joint Legislative Committee on Land Use, all plans and actions of all levels of government must be in compliance with the management plan.3 The LCDC may also designate an area already of statewide significance as an area of critical state concern provided the area possesses important qualities so threatened by impending development or other activities as to warrant an immediate state restriction of those activities. 3. -63- The LCDC is to specify what uses are forbidden, an interim management system and a timetable for development of a critical area management plan.3 All governmental plans or persons within the area must be in conformance with the management plan once an area of critical state concern is designated. Again it must have the approval of the LCDC and the Joint Legislative Com- mittee on Land Use. -64- � 920.13 . Geographic areas of particular concerru The Oregon approach has the capacity to (1) Areas of unique, scarce, fragile. or jr vulnerable natural habitat, physical fea- accomodate al the categories the Coastal Zone ture, historical significance. cultural value, and scenic importance; Management Act envisions. The accomodati.on will (2) Areas of high natural productivity pr essential habitat for living resources. come in time as the areas are guided through the including fish, wildlife, and the various trophic levels in the food web critical to designation process. their well-being; (3) Areas of substantial recreational value and/or opportunity; (4) Areas where -developments and fa@ cilities are depchdent upon the utiJiza- tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- graphic significance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources, such areas including coastal flood plains. aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -65- References- 1. Coastal Conservation and Development Commission. Oreqon Coastal Zone Management Plan Implementation. October 1974. 2. Oregon State University. Oregon Land Use Legislation. Volume II. Enacted Bills. with the Executive Department. 1974. 3. Department of Land Conservation and Development. DRAFT- A Bill Providing Criteria and Procedure for the Designation of Areas of State-wide Significance and Critical State Concern. by the Joint Legislative Committee on Land Use. June 13, 1975. Contact- James F. Ross, Deputy Director Department of Land Conservation and Development 1175 Court St., N.E. Salem, Oregon 97310 (503) 378-4926 RHODE ISLAND In 1971, Rhode Island created the Coastal Rdsources Management Council to do the following things: identify all of the state's coastal resources; evaluate these resources; determine the current and potential uses of each resource; determine the current and potential problems of each resource; carry out resource management programs through implementing authority and coordination; formulate standards where they do not exist and re-evaluate existing standards where necessary. I The Council has jurisdiction over any "development or operation within, above, or beneath the tidal water below the mean high water mark" and ex- tending to the seaward limit of the state's jurisdiction. It is limited in jurisdiction to those land uses in which there is a reasonable probability of conflict with a coastal management plan or damage to the coastal environ- ment. The guiding principle of the enabling legislation is to manage the state's coastal resources to preserve and restore ecological systems. The Council retains permit authority over land uses within its jurisdiction. With regard to areas of particular concern, the Council was given specific instructions to study six areas: 1. power generating and desalination plants; 2. chemical or petroleum processing, transfer or storage areas; 3. mineral extraction; 4. shoreline protection facilities and physiographical features (including the protection of barrier beaches); 5. intertidal salt marshes; 6. sewage treatment and disposal and solid waste disposal facilities. The first in a series of special reports will be considered in November (1975) by the Council dealing with areas of particular concern. The report will nominate 28 environmental areas for consideration as areas of particular concern. Future reports will deal with economic and other classes of areas. 2 To date, the Council has adopted policies and regulations for: sand and gravel extraction, barrier beaches, intertidal salt marshes, and chemical or petroleum processing, transfer or storage (vessel to vessel transfer of petroleum). The Council has involved itself in many coastal issues following its -67- mandate to identify the state's coastal resources. A few areas not mentioned so far are: cables and pipelines, piers, docks and wharves, fishing and aquaculture, marine recreation, riparian rights, state-owned property and pollution control. Other activities have been influencing the state's coastal zone manage- ment program. The State Land Use Policies and Plan (1975) suggested that the state's land-use policies be administered by the state agencies that already have authority in the area. Among these agencies would be the Coastal Resources Management Council Th e designation of statewide critical areas (areas of particular con- cern) would then encompass the speciality of each state agency. A variety of critical areas were mentioned in this context: highway interchanges, mass transit terminals, airports, water supply sources, flood plains, wetlands, salt water shore area, unique and significant natural areas, historic places. 3 Implementation of a statewide critical areas program would be by the establishment of specific standards and procedures for critical areas and developments of regional impact that local governments would enforce with state oversight. Land in the state would be classified into three categories to which land-use standards would apply: urban areas, rural areas and conservation areas. Each area would have permitted uses and public services standards to meet. Standards for.critical areas and developments of regional impact would be framed to fit each type of area. The purpose of the standards is to assure that an area is protected from incompatible development, such as in areas with inadequate public service facilities. it is within this context that the Rhode Island coastal zone management program is being implemented. -68- � 920.13 Geographic areas of particular concerm In the course of dealing with legislatively (1) Areas of unique, scarce, fragile, or vulnerable natural habitat. physical fea- mandated issues, areas of particular concern were ture, historical significance. cultural value, and scenic importance; identified. (2) Areas of high natural productivity pr essential habitat for living resources, including fish, wildlife, and the various The Council shortly will be dealing with a trophic levels in the food web critical to their wcU-being; series of special reports on areas of particular .(3) Areas of substantial recreational value and/or opportunity; concern. (4) Areas where developments and fa- cilities are depe'bdent upon the utiliza- tion of, or acc ess to, coastal waters; (5) Areas of unique geologic or topo- graphic significance to industrial or com- mercial development: (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands, or resources, such areas including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -69- References- 1. Coastal Resources Management Council. Coastal Resources Management Council Plan (Policies and B3eulations)-.79-75. I-s-e-l-e-cltle-cT sectionsi. 2. Telephone Conversation with George Seavey, Coastal Resources Center, University of Rhode Island. September 2, 1975. 3. Statewide Planning Program. State Land Use Policies and Plan. January 1975. [selected sections]. OTHER. Statewide Planning Program. Work Program Fiscal Year 1975-1976. April 1975. Contact- Lee Whitaker Department of Administration STATEWIDE PLANNING PROGRAM. 265 Mel rose'. St. Providence, Rhode Island 02907 (401) 277-2656 WASHINGTON Washington's Section 306 grant application contained the following pro- posal to meet the Coastal Zone Management Act requirement for designating areas of particular concern. [A further refinement of this approach will be available in January 1976. 1] The passage of the Shoreline Management Act in 1971 and the publication of the Shorelines of Statewide Lignificance (SSS) form the basis for desig- nating areas of particular concern in Washington. The starting point for designating areas of particular concern is the SSS. On a general scale, these shorelines are broad areas of particular concern. Other, detailed areas of concern have bee-n designated through the implementation of the Shoreline Management Act. The Shoreline Management Act was implemented in three phases.. First was the inventory which provided the information base from which local communities were to develop master programs. The second phase was the development of the master program by local governments in which shorelines of statewide significance were located. The programs required extensive public involvement and submission to the Department of Ecology for review. The third phase envisions' the updating and refining of the master programs. The master program.@ is to provide an objective guide for regulating the use of shorelines of statewide significance. Program components include: a. economic development element for the location and design of industries, transportation facilities, port facilities, tourist fac- ilities, commercial and other developments that are particularly de-, pendent on shoreland locations; b. public access elements for assessing the need for providing public access to shoreline areas; c. circulation element for assessing the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public faci.lities and correlating those facilities with the shoreline use elements; d. recreational element for the preservation and expansion of recreational opportunities through programs of acquisition, develop- ment and'various means of less-than-fee acquisition; e. shoreline use element for considering: the pattern of distribution and location requirements of land uses on shorelines and adjacent areas, including, but not limited to, housing, commerce, industry, trans- portation, public buildings and utilities, agriculture, education and natural resources; -71- the pattern of distribution and location requirements of water uses including, but not limited to, 4quaculture, recreation and transportation; f. conservation element for the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, parkways, estuarine areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features; g. historical/cultural element for protection and restoration of buildings, sites and areas having historic, cultural, educational or scientific value; h. in@.addition to the above-described elements, local governments are encouraged to include in their master programs an element concerned with the restoration of areas to a natural, useful condition which are blighted by abandoned and dilapidated structures; local governments are,@ also encouraged to include in their master programs any other elements, which because of present uses or future needs, are deemed appropriate and necessary to effectuate the Shoreline Management Act. 2 If,in reviewing the local master program, the Department of Ecology finds inconsistencies with the state's guidelines, suggestions for modifi- cation will be made for each inconsistency. Where a conflict cannot be resolved, the Department is authorized to adopt an alternative to the local master program. So far no alternatives have been adopted. To help review the local master programs, as task force of local, state and federal agencies was established. In addition to the material developed by the master programs, Washington has recently contracted to have a consultant develop a summation of all in- ventories, both state and local, dealing with information on the coastal zone. The compiled information will be published in a uniform format for the 5 coastal zone counties. The project should be completed by November (1975). The state is also coordinating a local government effort to identify and designate "natural environments." [This process was done on a general level at an earlier date.] The natural environment designation would be placed on any area having a unique feature, such as: fragility, historic significance,,i.,or extreme natural systemic importance. A summary of information for designating areas of particular concern in Washington is contained in Figure 5 on pages 72 and 73. AREAS OF PARTICULAR CONCERN [Sources of Designation [by Catogory of Concern Shorelines of Local Shoreline Other State Sponsored and Statewide Management Master Conducted Studies & Projects Category Significance SSS Program Treatments Which Designate, Define and Describe the Areas ____________________________________________________________________________________________________________________________________________________________ 1)Areas of unique, scarce, Named SSS Natural Designation and State Parks - Historic Properties Perservation fragile, or vunerable natural specific treatments for such Act of 1966. habitat, physical feature, histor- areas in local master programs State Highway Report - Scenci & Recreational ical significance, cultural value Hwy. Act. and scenic importance. Dept. of Natural Resources - Marine Atlas DNR - Marine lands Policy and Allocation Plan IAC - SCORPE Plan 2)Areas of High Natural Pro- Selected SSS Conservancy Designations DNR - Marine Atlas ductivity & Essential Habitat Game Dept. - "Wildlife Recreation Program" DNR - Marine Lands, Policy & Allocation Plan. Oceanographic Commission of Washington - "Oceanographic Resources of Wash" 3)Areas of Substantial Recrea- Ocean Beach SSS Rural Designations Conservancy IAC - (Interagency Comm. for Outdoor Rec.) tional Opportunity Named SSS "SCORPE" Plan. Puget Sound SSS IAC - Inventories of Public & Privately Large Lake SSS Owned Recreation Lands. State Highway Dept. - Scenic & Recreation Highway Act. RCW 43.51 Ocean Beaches Act IAC - Study of wild, scenic & Recreational Rivers. DNR - Marine Atlas Oceanographic Comm. of WA. - "Oceangraphic Resouces of Washington." 4)Areas where developements Port Areas within urban and facilities are dependent designations DNR - Marine-Lands Policy & Allocation Plan upon utilization of,or access Puget Sound & Adjacent Waters Study to the Coastal Waters. DNR - Marine Atlas Oceanographic Comm. of Washington - "Ocean- ographic Resources of Washington." -72- Figure 5 Shorelines of Local Shoreline Other State Sponsored and Statewide Management Master Conducted Studies & Projects Category Significance SSS Program Treatments Which Designated, Define or Describe the Areas ______________________________________________________________________________________________________________________________________________________________ 5)Areas of Unique Topographic Urban Designation Thermad Power Plant Site Evaluation Council or geologic significance to DNR - Marine Atlas Industry. 6)Areas of Urban Concentration Urban Designation DNR - Marine Lands Policy & Allocation Plan and competition IAC - SCORPE Plan - Urban Rehabilitation 7)Areas of Significant Hazard Natural & Conservancy RCW 86.16 Flood Plains to Development Designation DNR - St. Geologist's Office 8)Areas Needed to maintian Ocean Beach SSS Natural & Conservancy RCW 86.16 Flood Plains Coastal Lands & Resources. Flood Designation RCW 43.51 Ocean Beaches Act Plains, Agriculture Recharge DNR - Marine Lands Allocation Plan areas, Sand Dunes DNR - Marine Atlas. -73- -74- % 920.13 Geographic areas of particular concern. (1)Areas of unique, scarce, fagile, or Washington does not detail the areas of vulnerable natural habitat, physical fea- particular concern themselves, rather, the state ture, historical significance, cultural provides sources of information for each category value, and scenci importance; listed by the Coastal Zone Management Act. [See (2)Areas of high natural productivity Figure 5.] or essential habitat for living resouces, including fish, wildlife, and the various trophic levels in the food web critical to their well-being; (3)Areas of substantial recreational value and/or opportunity; (4)Areas where developments and fa- cilities are dependent upon the utiliza- tion of, or access to, coastal waters; (5)Areas of unique geologic or topo- graphic significance to industrial or com- mercial development; (6)Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7)Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8)Areas needed to protect, maintain or replenish coastal lands or resources, such areas including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. -75- References- 1. Letter from Katherine J. Seel, Shorelands Division, Department ofEcology, August 8, 1975. 2. Department of Ecology. @pplication for Assistance, Section 306. June 19, 1975. OTHER. Department of Ecology. C onsideration of an Estuarine Sanctuar in the State of Washin ton. Working Document No. 1. November 1974. OTHER. Department of Ecology. Yplication for Initial Lauisition, Development and Operations Grant Under Provision of Section 312 of the 7- - -T9775? ToastaT one Mana ement Act of T972. Contact- Katherine J. Seel Shorelands Division Office of Land Programs Department of Ecology State of Washington Olympia, Washington 98504 (2016) 753-6871 PART II: AN APPROACH FOR CONNECTICUT This proposal is a composite of the "Noteworthy Features" cited in my comparison of the approaches other states took to areas of particular concern (APC) definition and management to the CAM Proposal. These com- parisons can be found immediately after the proposal. The basic feature of this proposal is that the entire coastal plan- ning.area will not be evaluated through a detailed classification process as proposed in Florida or Maine. It assumes that the most important com- ponents of the coastal ecosystem will be identified and dealt with in the APC process. One addition to APC definition has been a 1,000 foot wide special management area (SMA) extending from mean high tide. I felt that it was important to include this area as an APC because it represents the most fiercely contested real estate on the coastline. It is necessary thataa detailed evaluation of the pressures, constraints and opportunities be made in this area. I also thought that a 1,000 foot width would be the minimum size konly about two city blocks) for the SMA. Anything less would be easily subverted and harder to analyze. My follow through with a management proposal is new. The details of this proposal place the responsibility for justifying the selection of APCs and preparing management objectives and guidelines for land use in them on the state. The local governments in-turn wo uld be required to adopt the state's guidelines with respect to APCs and take a detailed look at their 1,000 foot SMA (if they are included in it). The state would then review the results for consistency with state guidelines. Section 306 money would be made available to the local governments for their coastal planning activities. One option that may be worth considering as an extra incentive (pro- vided the Legislature agrees) is the suspension of a local government's permit authority in APCs until the coastal planning 6lement is reviewed favorablly by the state. If no other action is taken in the interim, this would have the effect of a moratorium on development in APCs. Another option to consider would be the division of permit authority in APCs similar to the division North Carolina makes. The Legislature would of course have to authorize this entire structure. The intent of such detailed APC reports is to provide a ready body of in- lormation to justify APCs to anyone who asks, i.e. legislators. May I again make a pitch for a set of pri;nciples that would guide the development of the CAM program. If taken from existing state policy and projected directly at the major fears of local government, th.ey:could provide a legitimizing and soothing force in a public relations sense.. My suggestions follow on page 1. I hope this proposal stimulates in-office discussion. Basic Principles for the Development of the CAM Program 1. Local government is recoghized as the prime implementation mechanism for any state coastal area management program. II. Private property ri�hts will be respected and preserved. III. Public participation will be encouraged in all phases of the development of the CAM Program and will be the key to its success. *IV. Human activity must be.:guided by and in harmony with the special system of relationships found in the coastal area. *V. The growing population and the expanding economy of the state have had a profound impact on the life-sustaining natural environment, especially in the coastal area. Coastal resources are now recognized as finite and precious. *VI. To help the state fulfill its responsibility as trustee of the environment, the improvement, and coordination of environmental plans, functions, powers and programs of the state, as they affect the coastal area, in cooperation with the federal government, regions and local gov- ernments, other public and private organizations and concerned in- dividuals, will be of prime concern to the CAM Program. *VII. The CAM Program seeks to conserve, improve and protect the natural resources of the coastal area in.order to enhance the health, safety and welfare of the people of the state. *Taken from Title 22a Environmental Protection, Chapter 439 Department of Environmental Protection, Section 22a-1 Policy of the State. CONNECTICUT Based on a review of many state approaches to designating and managing areas of particular concern, the following structure was developed. Geographic areas of particular concern are defined as areas which are essential to the preservation and enhancement of the coastal environment and to the health, safety and general welfare of the citizens of Connecticut and Connecticut's coastal area. Geographic areas of particular concern have the following characteristics: they are located in the coastal area and provide an essential resource base for and increase the development of the state's economy; they are located in the coastal area and provide a rare,ior unique environment with resources attractive and important to people from other parts of the state; they are located in the coastal area wheredevelopment would be considered hazardous or seriously disruptive to the public and the coastal ecosystem. Five categories of areas were developed and are listed below together with suggested management objectives* and examples of specific areas. 1. Areas or Potential Areas Where Development and Facilities are Dependent Upon the Utilization of or Access to Coastal Waters; Management Objective: To insure existing and future development occurs in a manner compatible with environmental concerns and capabilities; Examples: harbors, navigation channels, power plants, facilities supporting commercial fishing, refineries, potential sites for large-scale development, special management area 1,000 feet wide extending inland from mean high tide; 2. Areas of Substantial Recreation and.@pen @p.@ce Value; Management Objective: To protect and enhance the recreation and open space resources remaining in the coastal area; *Much of the language or intent of the management objectives was taken from existing state policies. Please see my memoranda on "Legal Basis for the CAM Program" and,"Environmental Rights" for specific references. @3- Examples: (areas/issues) access question to coastal recreation areas, sites noted for development in the SCORP plan, sites noted for development in the LISRS, designation of agricultural land as open space, multiple use of public utility sites, disposition of water company-owned land, disposition of state-owned land, Connecticut Natural Areas, reuse of mined-out areas; 3. Areas Where Uncontrolled or Incompatible..DevelopTent Could Cause �1 Ignificant Dama e to the Health and/or Eropfrt y of the Public; Management Objective: To prevent development that could cause property damage or endanger the public's health; Examples: flood plains (riverine), tidal flooding, erosion-prone areas, land identified by the Conservation and Development Plan as unsuitable for development, unsuitable septic tank sites, inadequate landfill sites close to the coast, hazardous material storage areas; 4. Areas Needed to Protect, Maintain and @pgrade Coastal Resources and the CoaHtal -Ecosy'stem; a. Areas of Hiqh Renewable Natural Producti @it Management Objective: To protect and enhance those areas to insure species survival and continuing economic benefits; Examples: finfisheries (entire life cycl.e areas), lobster, conch concentrations, shellfisheries; b. Areas of LiLgh @on-Rehewable Natural Productivi Management Objective: To insure use in the most efficient manner possible with respect to environmental and land-use consider- ations; Examples: energy resources, stone and gravel resources; c. @cologiS211y Unique and fragile Areas or Areas of Vital Functions; A I+ Management Objective: To protect these areas from improper develop- ment that could disrupt the ecosystem,-causing harm to impor- tant areas in the public's trust; Examples: tidal marsh, inland wetland, Connecticut Natural Areas (habitat areas), rare and endangered plant and animal communities, water recharge areas, watersupply watersheds; d. 2egraded Resources; Management Objective: To direct a special effort toward cleaning up or enhancing areas to meet acceptable environmental stan- dards; Examples: worst water pollution areas, wor,st air pollution areas, visually unattractive areas; 5. Areas of Unique Aesthetic, Cultural, Educational and Scenic c SIgnifi ance 1 e Coasfal -Area; Management Objective: To protect and enhance these areas to promote an interesting and varied public experience; Examples (areas/issues): historic sites, cultural sites, archaeological sites, Connecticut Natural Areas (educational), classrooms on the Sound idea by the LISRS, scenic areas as noted by the LISRS, access question to coastal amenities. For each area designated, a report would be prepared including the following (if applicable): boundary definition (as clearly as possible), significance to the state or coastal ari-ea [which of the.broad guidelines does it meet; what questions does it answer (see second draft of the pro- posal)], local and state plans or programs that effect the area and whyy they do not provide adequate protection to the area, dangers that would result from improper use, management objective(s), suggested management guidelines, permissible land uses and priority land uses. The state should prepare a detailed, map inventory of constraits and opportunities in the 1,000 foot special management area. Constraints a;,L: -5- should be based on natural resources information. Opportunities should be based on a composite of areas of resource potential, i.e. recreation and open space are as, scenic areas, sites for large-scale development and min- eral resource areas. All local communities containing a designat@d area of particular con- cern (APC) and/or are within the 1,000 foot special management area, would be required to develop a coastal planning element in their local plan in- dicating how state guidelines will be used in the local planning process. [An APC designation does not automatically mean it is within the power of the local government to control. APCs that are the subjects of existing state programs would not beconsidered by the local government beyond an evaluation of that program's effectiveness in the local area. Many APCs could be under local control once the state defines and develops use guidelines for them. A list of APCs for consideration by the local govern- ment will have to be developed. A list of APCs (possiblly additional ones) under state control would also be developed.] The coastal planning element would include: spatial definition of all state-defined.APCs; written text describing how the state's management guidelines were incorporated into the local planning instruments; written text describing how the state's permissible uses pro- visions were incorporated into the.local zoning; written text describing how the state's priority use provisions were incorporated into the local planning process; written text evaluating existing state programs (a special list- ing to be developed) in APCs in light of management objectives. [optional, could prove interesting] All written texts should contrast old local plans and regulations with proposed plans and regulations for the APCs. In addition, within the above coastal planning element, a separate section should deal with the 1,000 foot special management area. That section would include: present condition- population, land use; constraints (as noted by the state)- natural, other APCs; ---areas with resource opportunities; -6- capacity of local facilities- water, sewer, schools, roads and the perccent of utilization; estimated demand (in ten years)- population, land use; methods to meet the demand by proposing- regulations recognizing constraints, changes in the capacity of facilities, uses for opportunity areas. Requirements for public hearings and similar procedures should be added for local adoption of the coastal element. Once Section 306 money becomes available, grants could be made to local governments for the preparation of the coastal planning element and for administrative costs (optional). The state would review the local coastal element against a background of its APC analysis (which outlined lacking local regulations among other things), management objectives and guidelines and permissible 'land priority uses. A pool of information will also be available when the regions complete their contract obligations. Monitoring local adherence to adopted state land-use guidelines could be done by noting land-use changes in APCs and by regular state environmental monitoring units (air, water). Failure to properly regulate areas could result in the cutting off of any Section 306 money available to the community and forefitting their regulatory authority in all APCs. -7- STATE CAM PROPOSAL COMPARISONS -8- CALIFORNIA CAM Proposal Comparison: Although most geographic areas of particular concern will be ad- dressed, there is litt16 discussion of overall guidelines for choosing the areas. Whatever guidelines exist, they were internalized and never revealed in the Plan. An area by area analysis is made, findings are announced, policies, guidelines and standards areaset. The locals are then told to incorporate them into their local planning. There is no attempt to duplicate or incorporate the critical environmental areas process already in place in California (from which the CAM proposal was borrowed). Perhaps.it was felt that the critical environmental areas process already identified the areas of concern and all that was needed was to amplify, broaden and detail those and provide policies, guidelines and standards for coastal areas. This presumption seems reasonable since the current implementation process for the critical environmental areas program envisions n o new planning elements. Basically, it would rely on a variation of Califorhia's NEPA program. CHtical environmental areas would be defined and located by the state for use in local planning maps. Whenever development was proposed in or in proximity to them, a special environmental impact report would be required. The state develpped planning aids to help local governments prepare the special EIRs. The Coastal Element seems to be a more coordinated and compre- hensive approach to coastal resource planning versus the critical en-- vironmental areas process. A quick-revJew of its-requirements (a to will demonstrate that. The California approach differs slightly from the approach North Carolina is taking under its own act. North Carolina geographically. locates areas of concern the locals should include in their planning process and retains permit authority for all major developments in those areas. The context of the programs though is much different. California has a much more developed and implemented state land-use planning program. Noteworth Feature: requirement of a local coastal planning element, particularly emphasis on cumulative impact and capacity of public services. -9- DELAWARE CAM Proposal Comparison: There is no clear provision yet for a framework for designating areas of concern. The results of the workshops will be unknown for some time and even when available there is no indication how they will be used. Noteworth Feature- None at this time. _10- FLORIDA -CAM Proposal Comparison: Florida's systemchoose its categories based on management policies with a basic set of determining factors. Not only were areas defined as having particular cpncern, but they also fell into large management policy areas thus, in-effect, setting up three levels of concern. In this way, Florida dealt with the full range of concern while still ident- ifyihg areas of particular concern. Florida's approach moves toward the analysis and classification of every inch of its coastal zone since all the land present could be placed in one or another category and sub-category. The Coastal Zone Management Atlas is geared to such an analysis. The CAM proposal is structured in 6 different way. There is a pre- sumption of a preservation or conservation policy and then the areas themselves are weeded out based on broad guidelines and categordes of areas. The concentration is on types of functional areas rather than as making them candidates for a particular management approach. Florida asks, "What areas are worth preserving?". CAM asks, "What areas are needed to protect, maintain and upgrade coastal resources and the coastal ecosystem?" The spectrum of concern is contained within each functional area classification in the CAM program. Concern in the Florida system is seen in the management approaches, i.e. preservation (most concern), conservation and development (least concern). The basic factors considered to classify areas into a zone of concern are basically the same as the questions developed in the CAM proposal. Notewort Feature: designation of conflict areas within the development category (areas that would have been in the preservation or conser- vation category had development not taken place). ILLINOIS --.CAM Proposal Comparison: This approach is very similar to Oregon's proposed statewide critical areas process. This proposal does, however, provide more guidance to the evaluators in choosing areas. It is also viewed as taking plate mainly within the t.:ime-frame set by the 305 program'dev- elopment grants. (Additions can be made in subsequent years by:the same process of course.) Oregon's proposal is a constant one. The Coastal Zbne Management Act categories are used as general guidelines for nominating the areas. The evaluation criteria outlined are very general and will be filled in shortly. This proposal does not carry through to therregulation of per- missible uses or the preparation of management plans for the areas of concern as does Oregon. It also does not have a mechanism for legis- lative control in the designation process. As Oregon did, Illinois chooses to analyze each area on its merits (at various levels of designation) rather than setting guide- lines and filling categories by an in-house, technical process as envisioned in the CAM proposal. Notewort Feature: nomination process for adding areas of concern .after initial work is completed. MAINE CAM Proposal Comparison: There is not a clear use of guidelines for designatiog and a different categorical breakdown is used. Expansion of the suitability for development concept is a major difference. Emphasis was given to the access question where in the CAM proposal it was included as part of the entire recreation question. Maine doesnnot deal with open space as such. Emphasis is not given to areas that would upgrade the coastal resources. Noteworth Feature; addition of watersupply watersheds (could be added to CAM category 3). -13- MARYLAND CAM Proposal Comparison, Maryland's main concern is with managing land use in the coastal area within its broadly defined areas of concern; notablly the first and thIrd areas. The CAM proposal much more narrowly defines these areas. Maryland's proposal steps from the definition of broad areas of concern right to an.ana.l.,ysis of permissible uses. The areas of concern areiJused more like 4 planning boundary to define permitted uses than anything else.4 Definition of permissible uses entails setting goals, defining planning, units and proposing management objectives and a planning approach to=meet those goals. The CAM proposal concentrates on a method and reasoning for des- ignating areas of concern rather than concentrating on permissibl.euse considerations. The two are intimately related, but definition of the areas of concern deserves more attention in Connecticut. NoteworLhy Features: definition of a broad belt as an area of concern perhaps within "X" feet of mean high tide and controlling whatever occurs there; the setting of management goals and objectives is important; definition of development impacts and suitability criteria in the table Maryland did is a good reference. -14- NEW YORK - CAM Proposal Comparison: The New York proposal does not follow a smooth definition-guideline- category approach in the strict sense. New York's proposal is also limited to natural areas at this time. New York identifies major value components but does not provide any guidance in their application to areas or a general definition of areas of particular concern. It is assumed that these components contain a spectrum of activity and that the most productive, most essential and most hazardous areas would be included as areas of concern. Non-natural areas of particular concern will be developed shortly. Notewort Feature: areas suitable for energy production: wind, sun, geothermal, offshore as an area of concern. -15- NORTH CAROLINA CAM Proposal Comparison: A smooth transition from definition to guidelines to all"inclusive categories was not made. Working under their own act gave them a ready- made format for their areas of particular concern approach so independent thought was not necessary. North Carolina does have one of the only operating programs like the Coastal Zone Management Act requires. Noteworth Features: requirl,hg@Jocal coastal land-use plans (uniform data requirements, uniform land classification system); regulation of major uses within areas of concern; U.S. natural landmarks register as a source of areas of concern. -16- OREGON CAM Proposal Comparison: The nomination process with simple guidelines for designating areas of concern is quite dIfferent than the CAM proposal. Oregon chooses to analyze each area on its merits rather than set guidelines and then define areas. Noteworth Features: preparation of a background report on each area of concern in the same format as Oregon's background report on a proposed significant area or activity may be helpful, i.e. boundaries, significance, local plans in effect and why they are not adequate, dangers from improper use, etc.; the two tiered designation system; the nomination procedure may-have'-some merit after the initial, work is completed. -17- RHODE ISLAND - CAM Proposal Comparison: There is no effort to conform to the Coastal Zone Management Act format. of areas of concern, permissible uses, priority uses. There is no systematic classification or justification for choosing special areas of concern. Rather, policies are developed around legislatively mandated topics or under the general exploration of coastal resources. Noteworth -Feature: di,vision of state into areas with certain levels of public service to prevent development in areas of inadequate service. -18- WASHINGTON - CAM Proposal Comparison: California's approach paralleleC Washington's in-that the presence of the coastline requires preparation of a special planning element in the local plan. However, Washington does not call for the regulation of development by the state nor does it detail out, in a state coastal plan, standards and regulations in a variety of issue areas. There is not a clear use of state guidelines for designation of areas of concern, at least,from available information. It seems more like a free-for-all among local governments with state oversight. Noteworthy Feature: points out the virtue -of a-good inventory of coastal resources information. 36668 141