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

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

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

Coastal barriers are the first line of defense protecting the mainland from major storms and hurricanes

Coastal barriers protect mainland lagoons, wetlands and salt marshes from: wind wind waves waves tidal energy tidal energy

Coastal barriers also protect natural and coastal resources Protect and maintain the wetlands and estuaries essential to the survival of innumerable species Protect and maintain the wetlands and estuaries essential to the survival of innumerable species Fish (primary nursery) Fish (primary nursery) Waterfowl and migratory birds Waterfowl and migratory birds

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

Six general types of coastal barriers: Bay barriers- coastal barriers that connect two headlands and enclose a pond, marsh, or other aquatic habitat 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 mainlandTombolos- 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 Barrier spits- barriers that extend into open water and are attached to mainland by only one end

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

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

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

Solution: Implement laws to protect Coastal Barriers Three major acts/laws that dealt specifically with coastal barriers Three major acts/laws that dealt specifically with coastal barriers

Omnibus Budget Reconciliation Act Amended the National Flood Insurance Act of 1968 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.” 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.”

Coastal Barrier Resources Act Legislation directed the Secretary of the Interior to designate coastal barriers under the definition contained in the Omnibus Budget Act Legislation directed the Secretary of the Interior to designate coastal barriers under the definition contained in the Omnibus Budget Act October 18, Congress passed the CBRA October 18, Congress passed the CBRA

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

CBRA 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 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

CBRA 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 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 DOES NOT restrict the use of coastal barriers for private property

Federal Assistance CBRA restricts the availability of any new federal assistance to develop property 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 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 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

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

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 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 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 Also, highways in Michigan were exempt from limitations on Federal expenditures

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 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 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 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 System now comprised of 3 million acres and 2,500 miles of shoreline

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 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 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. Certain things are exempt from federal prohibition of funding i.e. existing navigation channels, scientific research, military activities, Coast Guard facilities, etc.

Bruce Babbitt- Secretary of DOI

CBRA is the biggest law affecting the coastal barriers, but what else is there?

Originally enacted in 1948, revised in 1972 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 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 “waters of the United States” a broad definition to include wetlands CWA does not apply to agricultural nonpoint source pollution CWA does not apply to agricultural nonpoint source pollution Clean Water Act

Important Sections of CWA Section 208 and 303 Provides framework for addressing nonpoint source pollution(NSP) Provides framework for addressing nonpoint source pollution(NSP) State and local governments analyze NSP and develop water quality management program 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 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 Funds for the states are provided by EPA under section 208

Section 319/ Nonpoint Source Pollution Program 1987 amendment to CWA establishes national program to control nonpoint sources of water pollution 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 Certification required to discharge dredge and fill materials into US waters Goal is to keep activities consistent with national water quality standards and practices 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 Apply for permit according to pollution level

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 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 Administered by Army Core of Engineers (ACOE) and EPA Under requirements for permit applicant must demonstrate the following 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

Coastal Zone Management Act Passed in 1972 in response to threats on our oceans and coastlines Passed in 1972 in response to threats on our oceans and coastlines Purpose is to protect the water quality in our coastal zone Purpose is to protect the water quality in our coastal zone Administered by NOAA Administered by NOAA Unique Feature of CZMA is participation is voluntary 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 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 Led to the creation of three important coastal programs

1. Coastal Zone Management Program 2. National Estuarine Research Reserve System 3. National Marine Sanctuaries Program

Office of the Coastal Resource Management CZMA created a partnership between OCRM and state and territorial governments CZMA created a partnership between OCRM and state and territorial governments This leaves day to day management decisions at the state level This leaves day to day management decisions at the state level 33 states/21 reserves33 states/21 reserves OCRM oversees programs in all coastal states except Georgia, Illinois, Indiana, Minnesota, Texas, and Ohio 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 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 State with OCRM approved program can deny or restrict any development that is inconsistent with its coastal zone management program

Coastal Zone Management Program State federal partnership leaves day to day decisions at the state level 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) 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 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...)

Three major themes of the CZMP 1. Sustain Coastal Communities 1. Sustain Coastal Communities 2. Sustain Coastal Ecosystems 3. Improve Government Efficiency

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 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 Partnership of state, federal, and community authorities Each reserve studies coastal ecosystems and researches Each reserve studies coastal ecosystems and researches 1. How humans impact them 2. Methods for improving their condition

National Marine Sanctuary Goal is to preserve marine heritage through conserving endangered species and habitat 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 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 Increase knowledge through research and lessen the chances of events like oil spills and ship groundings

Amendments and Sections of CZMA Section 6217 Nonpoint Source Pollution Amended in 1990 to address nonpoint source pollution Amended in 1990 to address nonpoint source pollution Requires states with approved coastal zone management programs to implement NPS control programs 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 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 Programs are applicable to entire coastline excluding areas subject to new stormwater regulations

Sections Involving Energy Related Activities Amendments to the CZMA impact many of the Department of Exterior’s Activities (dealing specifically with NPS) Amendments to the CZMA impact many of the Department of Exterior’s 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.... 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: 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 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

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 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 DOE must review its activities and and decide which “directly affect” states with approved coastal management programs

States don’t 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 States don’t 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 Problem lies with discrepancy on what directly affects the coastal zone Until states develop better management programs involving nonpoint source pollution control DOE’s compliance with state consistency determination are expected to be minimal Until states develop better management programs involving nonpoint source pollution control DOE’s compliance with state consistency determination are expected to be minimal Section 307 (c)(1)(A)/ Coordination and Cooperation Cont.

Other Important Agencies and Acts Army Corps of Engineers (ACOE) Engineering and water resources development agency that primarily manages wetlands and waterways Engineering and water resources development agency that primarily manages wetlands and waterways ACOE issues permits for: ACOE issues permits for: Disposal of fill materials into US waters or wetlands Disposal of fill materials into US waters or wetlands Projects including construction of piers, docks, and ramps Projects including construction of piers, docks, and ramps Projects including dredging and disposal activities in navigable waterways Projects including dredging and disposal activities in navigable waterways Disposal of materials into ocean waters Disposal of materials into ocean waters

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

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

National Environmental Policy Act Goal is the protection, enhancement, and maintenance for environment Goal is the protection, enhancement, and maintenance for environment All federal agencies must consider impacts on environment through preparation of Environmental Impact Statement All federal agencies must consider impacts on environment through preparation of Environmental Impact Statement Incorporate environmental considerations into their planning, decision making, and actions Incorporate environmental considerations into their planning, decision making, and actions Clean Vessel Act 1992 Reduce pollution from vessel sewage discharge Reduce pollution from vessel sewage discharge

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 aren’t 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 Summary

References