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Federal Consistency

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Background

An important element of the Coastal Zone Management program is "Federal Consistency". Stated in overly simplified terms, Federal Consistency conforms direct and indirect federal activities with state law to the extent practicable. Federal Consistency is a legal acknowledgement under federal law of the importance of respect for state law.

The Federal Consistency aspect of CZM is administered in Indiana as a networked program. The state agency responsible for the management of a particular regulatory program evaluates whether a federal activity is consistent with the laws administered by that agency. Upon the advice of the appropriate sister agency, the DNR (and the Natural Resources Commission [NRC]) makes Indiana's formal determination of Federal Consistency, subject to review by the U.S. Department of Commerce.

The Federal Consistency process is outlined in the LMCP Program Document. The LMCP and partners developed a Nonrule Policy Document to further clarify the Federal Consistency process.

The NRC approved the original Nonrule Policy Document at its Jan. 20, 2004 meeting. The document became effective March 1, 2004. The LMCP made minor modifications to the original document and resubmitted it to the NRC for review and approval in January 2007. The NRC approved the modifications to the document.

Please review the list of Federal Activities on pages 8 - 16 to check if your project "Triggers" a consistency review. If you have questions, please email to request clarification.

Federal Consistency Applications

Applications to demonstrate federal consistency require neither a fee nor an application form. The application must include information reasonably required to determine whether an activity would be compliant with state law. A Federal Consistency application is initiated when the LMCP receives a letter requesting a Federal Consistency review with complete information for one of the following categories.The application materials required for each category are listed below:

  • Federal Agency Action: A consistency determination from a federal agency conducting an activity.
    1. Provide a copy of the application for a federal license or permit.
      • Map specifications:
        • USGS Quadrangle map is preferred.
        • If the project is simple and the location is easily explained in writing, then a USGS topographic map with the site clearly marked and allowing for view of the surrounding terrain is sufficient. Please include UTM coordinates if available.
        • If the project is more in depth, the above map should be supplemented with a more detailed site map (i.e., survey or scaled drawing; aerial photograph) showing the details of the project location(s). Aerial and/or camera photos are helpful.
    2. Provide a copy of the application for a federal license or permit.
      • Map specifications:
        • USGS Quadrangle map is preferred.
        • If the project is simple and the location is easily explained in writing, then a USGS topographic map with the site clearly marked and allowing for view of the surrounding terrain is sufficient. Please include UTM coordinates if available.
        • If the project is more in depth, the above map should be supplemented with a more detailed site map (i.e., survey or scaled drawing; aerial photograph) showing the details of the project location(s). Aerial and/or camera photos are helpful.
    3. Letter should include one of the following statements:
      1. “The proposed activity complies with Indiana’s approved coastal management program and will be conducted in a manner consistent with such program.”
        OR
      2. “The proposed activity does not comply with Indiana’s approved coastal management program.”
  • Federal Permit/License: A copy of an application for a federal license, from the license applicant, accompanied by a federal consistency certification.
    1. Provide a copy of the application for a federal license or permit.
    2. Indicate location of project (including county), project start date and duration, extent of work to be conducted onsite, and site location map.
      • Map specifications:
        • USGS Quadrangle map is preferred.
        • If the project is simple and the location is easily explained in writing, then a USGS topographic map with the site clearly marked and allowing for view of the surrounding terrain is sufficient. Please include UTM coordinates if available.
        • If the project is more in depth, the above map should be supplemented with a more detailed site map (i.e., survey or scaled drawing; aerial photograph) showing the details of the project location(s). Aerial and/or camera photos are helpful.
      • If not included in the federal license or permit application, include a detailed description of the proposed activity, its associated facilities, the coastal effects, documentation that the activity will be consistent with the relevant enforceable policies of the management program, and any other information relied upon by the applicant to make its certification. Maps, diagrams, and technical data must be submitted when a written description alone will not adequately describe the proposal. State or local government permit applications, but not permits, may be included.
    3. Provide information for contact person, including: name, title, mailing address, email address, phone number, and fax number.
    4. Letter should include one of the following statements:
      1. “The proposed activity complies with Indiana’s approved coastal management program and will be conducted in a manner consistent with such program.”
        OR
      2. “The proposed activity does not comply with Indiana’s approved coastal management program.”
  • Federal Financial Assistance: A copy of an application for federal financial assistance accompanied by a federal consistency certification.
    1. A copy of the application for federal financial assistance (should indicate funding source drawn from and granting authority)
    2. Indicate location of project (including county), project start date and duration, extent of work to be conducted onsite, and site location map.
      • Map specifications:
        • USGS Quadrangle map is preferred.
        • If the project is simple and the location is easily explained in writing, then a USGS topographic map with the site clearly marked and allowing for view of the surrounding terrain is sufficient. Please include UTM coordinates if available.
        • If the project is more in depth, the above map should be supplemented with a more detailed site map (i.e., survey or scaled drawing; aerial photograph) showing the details of the project location(s). Aerial and/or camera photos are helpful.
    3. Provide information for contact person, including: name, title, mailing address, email address, phone number, and fax number.
    4. Letter should include one of the following statements:
      1. “The proposed activity complies with Indiana’s approved coastal management program and will be conducted in a manner consistent with such program.”
        OR
      2. “The proposed activity does not comply with Indiana’s approved coastal management program.”

Contact Information

Federal consistency in Indiana is conducted through a network of state agencies coordinated through the following office. Please submit consistency determination requests and questions to:

Kathryn Vallis
Coastal Resources Planner
Lake Michigan Coastal Program
Indiana Department of Natural Resources
Indiana Dunes State Park Annex Office
1600 North 25 East
Chesterton, IN 46304
219-926-9757
kvallis@dnr.IN.gov
Indiana LMCP Federal Consistency Register

All projects and proposed Federal agency actions requiring Federal Consistency determinations are posted to the LMCP Federal Consistency Register. The Register contains detailed description of proposed activities. Public comments are accepted during certain times in the review process.

LMCP Federal Consistency Register