A Comparison of the Federal Consistency Doctrine Under FLPMA and the CZMA
By Jeffrey L. Beyle
INTRODUCTION
The Coastal Zone Management Act of 1972 (CZMA) and the Federal Land Policy and Management Act of 1976 (FLPMA) were both the result of the great enthusiasm for comprehensive land use planning that arose in the late 1960s and early 1970s. In both statutory schemes, Congress had to resolve the problem of allocating power over land use plan development and administration between the federal government on the one hand, and state and local governments on the other. The focus of this paper is the manner in which the two acts address this tension.
Specifically, this paper examines the level of participation accorded state governments during the land use plan development process, the mechanisms employed to resolve conflicts between federal and state planners, and the deference that the federal government must show to state determinations concerning land use issues. All of these issues are subsumed under the umbrella of the “federal consistency doctrine,” which addresses the question of how consistent federal actions must be with the land use plans, policies and decisions of state and local governments.
The Coastal Zone Management Act of 1972 (CZMA) and the Federal Land Policy and Management Act of 1976 (FLPMA) were both the result of the great enthusiasm for comprehensive land use planning that arose in the late 1960s and early 1970s. In both statutory schemes, Congress had to resolve the problem of allocating power over land use plan development and administration between the federal government on the one hand, and state and local governments on the other. The focus of this paper is the manner in which the two acts address this tension.
Specifically, this paper examines the level of participation accorded state governments during the land use plan development process, the mechanisms employed to resolve conflicts between federal and state planners, and the deference that the federal government must show to state determinations concerning land use issues. All of these issues are subsumed under the umbrella of the “federal consistency doctrine,” which addresses the question of how consistent federal actions must be with the land use plans, policies and decisions of state and local governments.