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

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Hey You! Get off of my dune Laws and Regulations
pertinent to coastal barriers
Gina Panasik and Ethan Estey
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During the presentation....

• No opening of pretzel bags (Doug)
• No questions until after the presentation (Dr.
  Hosier)
• Everyone else try to keep your eyes open

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

• PROTECTION
• PROTECTION
• PROTECTION

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Coastal barriers are the first line of defense
protecting the mainland from major storms and
hurricanes
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Coastal barriers protect mainland lagoons,
wetlands and salt marshes from

• wind
• waves
• tidal energy

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Coastal barriers also protect natural and coastal
resources

• Protect and maintain the wetlands and estuaries
  essential to the survival of innumerable species
• Fish (primary nursery)
• Waterfowl and migratory birds

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Six Characteristics that define Coastal Barriers

• Coastal barriers subject to impacts of coastal
  storms and sea level rise
• Buffer the mainland from impact of storms
• Many protect and maintain estuaries which
  support the nations fishing and shell fishing
  industries
• Most consist primarily of unconsolidated
  sediments
• Subject to wind, wave, and tidal energy
• Include associated landward aquatic habitats
  which the fastland (non-wetland) portion of the
  coastal barrier protects from direct wave attack

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Six general types of coastal barriers

• Bay barriers- coastal barriers that connect two
  headlands and enclose a pond, marsh, or other
  aquatic habitat

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

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

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Six general types of coastal barriers

• Barrier Islands- barriers completely detached
  from the mainland
• Dune or beach barriers- sand dunes or hills or
  sand formed by wind that protect landward aquatic
• Fringing mangroves- tropical/subtropical areas
  of mangrove stands along shore in low energy area

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Development

• Decreases the coastal barriers ability to
  absorb the force or storms and buffer the
  mainland
• Increases the rate of erosion
• Causes loss of habitat

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Development

• From 1960- 1990 the population of coastal areas
  in the US increased from 80 million to 110
  million
• It is projected to reach over 160 million by the
  year 2015

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Solution Implement laws to protect Coastal
Barriers

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

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Omnibus Budget Reconciliation Act- 1981

• Amended the National Flood Insurance Act of 1968
• Prohibited the issuance of new federal flood
  insurance after Oct. 1, 1983 for any new
  construction or for substantial improvements of
  structures located on undeveloped coastal
  barriers.

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Coastal Barrier Resources Act

• Legislation directed the Secretary of the
  Interior to designate coastal barriers under the
  definition contained in the Omnibus Budget Act
• October 18, 1982- Congress passed the CBRA

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CBRA- 1982

• Designated undeveloped coastal barriers for
  inclusion into the Coastal Barrier Resources
  System- often just referred to as the System
• These areas were designated by maps
• Used things such as GIS mapping to determine
  flood zones
• All areas assigned were made ineligible for
  direct or indirect Federal Financial Assistance

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CBRA- 1982

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

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CBRA- 1982

• Purpose of CBRA was to eliminate federal
  development incentives on undeveloped coastal
  barriers, thereby preventing the loss of human
  life and property from storms, minimizing federal
  expenditures, and protecting habitat for fish and
  wildlife
• DOES NOT restrict the use of coastal barriers
  for private property

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Federal Assistance

• CBRA restricts the availability of any new
  federal assistance to develop property
• Specifically, no new federal flood insurance can
  be issued for properties located on System units
• Properties already existing within the System
  remain in force, however if the property is
  damaged, it cannot be rebuilt with federal flood
  assistance if the cost of rebuilding is more than
  50 of the value of the property

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Federal Assistance

• Additionally, prohibits most new federal
  expenditures and financial assistance within the
  System if encourage development
• Construction of new federal highways
• Beach renourishment
• Disaster relief
• Flood control

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Great Lakes Coastal Barrier Act of 1988

• Secretary of the Interior recommended for
  inclusion into the System 112 Great lakes units
  totaling 30, 150 acres
• Required that maps be prepared, but could not
  include areas that were publicly owned or
  protected by nonprofit organizations
• Also, highways in Michigan were exempt from
  limitations on Federal expenditures

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Coastal Barrier Improvement Act of 1990

• System expanded to include other units along the
  Great Lakes, Puerto Rico, the Florida Keys, the
  Virgin Islands, and secondary barrier within
  large embayments
• Also provided for automatic inclusion of
  undeveloped coastal barriers that are excess
  Federal properties
• Route 1 in Florida Keys and Michigan highways
  exempt from funding prohibition South Padre
  Island has limited exemption
• System now comprised of 3 million acres and
  2,500 miles of shoreline

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Keeping up with the System

• At least once every 5 years the Secretary must
  review the maps and make appropriate changes such
  as changing of boundaries
• New units can be recommended at the state level
  for inclusion into the System
• Certain things are exempt from federal
  prohibition of funding i.e. existing navigation
  channels, scientific research, military
  activities, Coast Guard facilities, etc.

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Bruce Babbitt- Secretary of DOI
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CBRA is the biggest law affecting the coastal
barriers, but what else is there?
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Clean Water Act

• Originally enacted in 1948, revised in 1972
• Authorizes Environmental Protection Agency (EPA)
  to set effluent pollution limits for point source
  pollution discharging into the waters of the
  United States
• waters of the United States a broad
  definition to include wetlands
• CWA does not apply to agricultural nonpoint
  source pollution

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Important Sections of CWA

• Section 208 and 303
• Provides framework for addressing nonpoint
  source pollution(NSP)
• State and local governments analyze NSP and
  develop water quality management program
• Plans are evaluated, states provide statewide
  plans for point and nonpoint source pollution
  management
• Funds for the states are provided by EPA under
  section 208

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• Section 319/ Nonpoint Source Pollution Program
• 1987 amendment to CWA establishes national
  program to control nonpoint sources of water
  pollution

• Section 401/ Water Quality Certification for
  Dredge and Fill
• Certification required to discharge dredge and
  fill materials into US waters
• Goal is to keep activities consistent with
  national water quality standards and practices

• Section 402/ National Pollutant Discharge
  Elimination System Permit Program
• Apply for permit according to pollution level

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Section 404/ Dredge Materials into US Waters

• Requires and regulates permits for discharge of
  dredge and fill material into surface water,
  tributaries, or their adjacent wetlands
• Administered by Army Core of Engineers (ACOE)
  and EPA
• Under requirements for permit applicant must
  demonstrate the following
• 1. There are no practicable alternatives
• 2. That threatened or endangered species will
  not be eliminated or water quality standards
  violated
• 3. No significant degradation of water will
  result
• 4. The impacts of any necessary discharge are
  minimized

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Coastal Zone Management Act

• Passed in 1972 in response to threats on our
  oceans and coastlines
• Purpose is to protect the water quality in our
  coastal zone
• Administered by NOAA
• Unique Feature of CZMA is participation is
  voluntary
• To encourage participation CZMA makes federal
  financial assistance available to coastal states
  who develop and implement a coastal management
  program
• Led to the creation of three important coastal
  programs

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1. Coastal Zone Management Program 2.
National Estuarine Research Reserve System 3.
National Marine Sanctuaries Program
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Office of the Coastal Resource Management

• CZMA created a partnership between OCRM and
  state and territorial governments
• This leaves day to day management decisions at
  the state level
• 33 states/21 reserves
• OCRM oversees programs in all coastal states
  except Georgia, Illinois, Indiana, Minnesota,
  Texas, and Ohio
• These nonparticipating states are currently
  developing programs except for Indiana and
  Illinois
• State with OCRM approved program can deny or
  restrict any development that is inconsistent
  with its coastal zone management program

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Coastal Zone Management Program

• State federal partnership leaves day to day
  decisions at the state level
• Currently 99.9 of the shoreline are managed by
  the program (Indiana/Illinois)
• Administered at the federal level by the Coastal
  Programs Division. CPD also supports states
  through
• 1. Financial assistance
• 2. Mediation
• 3. Technical services and information (public
  access, dredging, federal consistency with
  state policies...)

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Three major themes of the CZMP 1.
Sustain Coastal Communities 2. Sustain Coastal
Ecosystems 3. Improve Government Efficiency
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National Estuarine Research Reserve System

• System consists of laboratories to study
  estuaries and find ways to improve their health
  in nearly 440,000 acres of US land and water
• Partnership of state, federal, and community
  authorities
• Each reserve studies coastal ecosystems and
  researches
• 1. How humans impact them
• 2. Methods for improving
• their condition

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National Marine Sanctuary

• Goal is to preserve marine heritage through
  conserving endangered species and habitat
• Area of protection includes over 18,000 miles of
  ocean and coastal waters
• Increase knowledge through research and lessen
  the chances of events like oil spills and ship
  groundings

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Amendments and Sections of CZMA
Section 6217 Nonpoint Source Pollution

• Amended in 1990 to address nonpoint source
  pollution
• Requires states with approved coastal zone
  management programs to implement NPS control
  programs
• Failure to do so results in loss of funding
  under Sec. 319 CWA and 306 CZMA
• Programs are applicable to entire coastline
  excluding areas subject to new stormwater
  regulations

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Sections Involving Energy Related Activities

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

Section 306(d)(2)(H)

• Requires state management programs to anticipate
  impacts from energy related facilities such as
  nuclear power plants, refineries, deepwater
  facilities, pipelines....
• Exemption lies in section 307(c)(1)(b) which
  states that
• Energy related activities may be eligible for
  exemption for compliance with state programs if
  president determines that exemption is in
  significant interest of United States

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

• Each federal agency within or outside the
  coastal zone shall be carried out in a manner
  which is consistent to the maximum extent
  practicable with the enforceable policies of
  approved state management programs
• DOE must review its activities and and decide
  which directly affect states with approved
  coastal management programs

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

• States dont have the power to stop DOE
  activities/ response within 45 leads to mediation
  by Secretary of Commerce on state DOE
  disagreements involving consistency determination
  issues
• Problem lies with discrepancy on what directly
  affects the coastal zone
• Until states develop better management programs
  involving nonpoint source pollution control DOEs
  compliance with state consistency determination
  are expected to be minimal

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Other Important Agencies and Acts
Army Corps of Engineers (ACOE)

• Engineering and water resources development
  agency that primarily manages wetlands and
  waterways
• ACOE issues permits for
• Disposal of fill materials into US waters or
  wetlands
• Projects including construction of piers, docks,
  and ramps
• Projects including dredging and disposal
  activities in navigable waterways
• Disposal of materials into ocean waters

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ACOE Programs
Programs include navigation, flood control, flood
plain management, beach restoration and
protection, hurricane and flood protection, water
quality control....
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US Fish and Wildlife Service

• Helps conserve coastal resources by working in
  partnership with Fed/State/Local/and private
  organization
• US FWS National Coastal Wetlands Conservation
  Grant
• Program established in 1990 by Coastal Wetlands
  Planning, Protection, and Restoration Act
• Grants are provided to states for acquisition,
  restoration, or enhancement of coastal wetlands/
  10 million awarded annually
• Funds based on ranking factors developed by
  service

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National Environmental Policy Act

• Goal is the protection, enhancement, and
  maintenance for environment
• All federal agencies must consider impacts on
  environment through preparation of Environmental
  Impact Statement
• Incorporate environmental considerations into
  their planning, decision making, and actions

Clean Vessel Act 1992

• Reduce pollution from vessel sewage discharge

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Summary
1. Most laws pertaining to barrier islands are
Federal (CWA, CBRA, etc), however the CZMA relies
on a complex interaction where the federal
government oversees the big picture leaving day
to day decisions in the hands of the state. 2.
Many of the laws that affect barrier islands
arent specific to them. It is through
controlling factors such as pollution and coastal
development that the laws pertain 3. Problem
with legislation is inability to agree on
definition of terms ex. significant, directly,
wetlands
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References www.fws.gov/laws/digest/reslaws/coasba
r.html www.chie.org/nie/mar-20/n.html www.senate.g
ov/smith/09272000fl.html www.doi.gov www.fws.gov
www.swell.com www.fema.gov