Title 16 — Conservation
Chapter 33 — Coastal Zone Management
§ 1452. Congressional declaration of policy
Statutory text
The Congress finds and declares that it is the national policy—
to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and succeeding generations;
to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development, which programs should at least provide for—
the protection of natural resources, including wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone,
the management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands.1
the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,
priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable, of new commercial and industrial developments in or adjacent to areas where such development already exists,
public access to the coasts for recreation purposes,
assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features,
the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources,
continued consultation and coordination with, and the giving of adequate consideration to the views of, affected Federal agencies,
the giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management decisionmaking,
assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agencies and State and wildlife agencies, and
the study and development, in any case in which the Secretary considers it to be appropriate, of plans for addressing the adverse effects upon the coastal zone of land subsidence and of sea level rise; and
to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved predictability in governmental decisionmaking;
to encourage the participation and cooperation of the public, state and local governments, and interstate and other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the purposes of this chapter;
to encourage coordination and cooperation with and among the appropriate Federal, State, and local agencies, and international organizations where appropriate, in collection, analysis, synthesis, and dissemination of coastal management information, research results, and technical assistance, to support State and Federal regulation of land use practices affecting the coastal and ocean resources of the United States; and
to respond to changing circumstances affecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses potentially affecting the coastal zone.
Footnotes
- 1 So in original. The period probably should be a comma.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Marine Resources and Engineering Development Act of 1966
Pub. L. 89–454 title III § 303 · 80 Stat. 203
Enacted · 16 U.S.C. § 1452
Pub. L. 89–454, title III, § 303, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1281
Source evidence
Code source credit
Pub. L. 89–454, title III, § 303, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1281Coastal Zone Management Improvement Act of 1980
Pub. L. 96–464 § 3 · 94 Stat. 2060
Changed · 16 U.S.C. § 1452
Pub. L. 96–464, in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal resources
Inserted · 16 U.S.C. § 1452
Pub. L. 96–464, in inserted provisions for special area management planning to increase predictability for necessary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in government decisionmaking
Source evidence
Code amendment note
Pub. L. 96–464, in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal resources and inserted provisions for special area management planning to increase predictability for necessary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in government decisionmaking.Enacted provision · exact public law section
SEC. 3. AMENDMENT TO DECLARATION OF POLICY. Section 303 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1452) is amended to read as follows: “Sec. 303. “congressional declaration of policy The Congress finds and declares that it is the national policy— “(1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and succeeding generations; “(2) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, which programs should at least provide for— “(A) the protection of natural resources, including wet–lands, floodplains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone, “(B) the management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas of subsidence and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands. “(C) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable, of new commercial and industrial developments in or adjacent to areas where such development already exists, “(D) public access to the coasts for recreation purposes, “(E) assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features, “(F) the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources, “(G) continued consultation and coordination with, and the giving of adequate consideration to the views of, affected Federal agencies, “(H) the giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management decisionmaking, and “(I) assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agencies and State and wildlife agencies; and “(3) to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, and improved predictability in govermental decisionmaking; and “(4) to encourage the participation and cooperation of the public, state and local governments, and interstate and other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the purposes of this title.”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(1) · 104 Stat. 1388
Amended · 16 U.S.C. § 1452(2)
Pub. L. 101–508, § 6203(b)(1), as amended by Pub. L. 102–587
Substituted · 16 U.S.C. § 1452(2)
Pub. L. 101–508, § 6203(b)(1), as substituted “as well as the needs for compatible” for “as well as to needs for”
Source evidence
Code amendment note
Par. (2). Pub. L. 101–508, § 6203(b)(1), as amended by Pub. L. 102–587, substituted “as well as the needs for compatible” for “as well as to needs for”.Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(2) · 104 Stat. 1388
Substituted · 16 U.S.C. § 1452(2)(B)
Pub. L. 101–508, § 6203(b)(2), substituted “likely to be affected by or vulnerable to sea level rise, land subsidence,” for “of subsidence”
Source evidence
Code amendment note
Par. (2)(B). Pub. L. 101–508, § 6203(b)(2), substituted “likely to be affected by or vulnerable to sea level rise, land subsidence,” for “of subsidence”.Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(3) · 104 Stat. 1388
Redesignated · 16 U.S.C. § 1452(2)(C)(J)
Pub. L. 101–508, § 6203(b)(3), redesignated subpars. (C) to (I) as (D) to (J), respectively
Added · 16 U.S.C. § 1452(2)(C)(J)
Pub. L. 101–508, § 6203(b)(3), added subpar. (C)
Source evidence
Code amendment note
Par. (2)(C) to (J). Pub. L. 101–508, § 6203(b)(3), redesignated subpars. (C) to (I) as (D) to (J), respectively, and added subpar. (C).Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(4) · 104 Stat. 1388
Added · 16 U.S.C. § 1452(2)(K)
Pub. L. 101–508, § 6203(b)(4), added subpar. (K)
Source evidence
Code amendment note
Par. (2)(K). Pub. L. 101–508, § 6203(b)(4), added subpar. (K).Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(5) · 104 Stat. 1388
Inserted · 16 U.S.C. § 1452(3)
Pub. L. 101–508, § 6203(b)(5), inserted “including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes,” after “hazardous areas,”
Source evidence
Code amendment note
Par. (3). Pub. L. 101–508, § 6203(b)(5), inserted “including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes,” after “hazardous areas,”.Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.Coastal Zone Act Reauthorization Amendments of 1990
Pub. L. 101–508 § 6203(b)(6) · 104 Stat. 1388
Added · 16 U.S.C. § 1452(5); 16 U.S.C. § 1452(6)
Pub. L. 101–508, § 6203(b)(6), added pars. (5) and (6)
Source evidence
Code amendment note
Pars. (5), (6). Pub. L. 101–508, § 6203(b)(6), added pars. (5) and (6).Enacted provision · exact public law section
(B) by inserting immediately after subparagraph (B) the following new subparagraph: “(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,”.National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 title II § 2205(b)(2) · 106 Stat. 5039
Changed · 16 U.S.C. § 1452(2)
Pub. L. 102–587 made technical amendment to directory language of Pub. L. 101–508, § 6203(b)(1). See 1990 Amendment note below
Source evidence
Code amendment note
Par. (2). Pub. L. 102–587 made technical amendment to directory language of Pub. L. 101–508, § 6203(b)(1). See 1990 Amendment note below.Enacted provision · exact public law section
(2) Section 6203(b)(1) of the Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388–301, relating to section 303(2) of the Coastal Zone Management Act of 1972) is amended by striking “as well as the” the first place it appears and inserting “as well as to”.
11 of 12 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1980–1992 · 3 rounds
1992
Par. (2). Pub. L. 102–587 made technical amendment to directory language of Pub. L. 101–508, § 6203(b)(1). See 1990 Amendment note below.
1990
Par. (2). Pub. L. 101–508, § 6203(b)(1), as amended by Pub. L. 102–587, substituted “as well as the needs for compatible” for “as well as to needs for”.
Par. (2)(B). Pub. L. 101–508, § 6203(b)(2), substituted “likely to be affected by or vulnerable to sea level rise, land subsidence,” for “of subsidence”.
Par. (2)(C) to (J). Pub. L. 101–508, § 6203(b)(3), redesignated subpars. (C) to (I) as (D) to (J), respectively, and added subpar. (C).
Par. (2)(K). Pub. L. 101–508, § 6203(b)(4), added subpar. (K).
Par. (3). Pub. L. 101–508, § 6203(b)(5), inserted “including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes,” after “hazardous areas,”.
Pars. (5), (6). Pub. L. 101–508, § 6203(b)(6), added pars. (5) and (6).
1980
Pub. L. 96–464, in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal resources and inserted provisions for special area management planning to increase predictability for necessary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in government decisionmaking.
Credits
1972–1992 · 4 acts
- 1972Pub. L. 89–454, title III, § 303, as added Pub. L. 92–583, , 86 Stat. 1281
- 1980amended Pub. L. 96–464, § 3, , 94 Stat. 2060
- 1990Pub. L. 101–508, title VI, § 6203(b), , 104 Stat. 1388–301
- 1992Pub. L. 102–587, title II, § 2205(b)(2), , 106 Stat. 5050.
Show as published
(Pub. L. 89–454, title III, § 303, as added Pub. L. 92–583, , 86 Stat. 1281; amended Pub. L. 96–464, § 3, , 94 Stat. 2060; Pub. L. 101–508, title VI, § 6203(b), , 104 Stat. 1388–301; Pub. L. 102–587, title II, § 2205(b)(2), , 106 Stat. 5050.)