Delaware has coastal zones designated under state and federal authorities that cover different areas for different purposes.

• Delaware Coastal Zone Act of 1971 (manufacturing and industry): a strip of the Delaware coastline that generally runs the length of the state along the Delaware River, the C&D Canal, the Delaware Bay, the Inland Bays, and the Atlantic Ocean.
• Coastal Zone Management Act of 1972 (federal consistency): any federal activity occurring within the entire state of Delaware may be subject to federal consistency review. Delaware also has authority to review certain activities outside its own state waters and on the outer continental shelf. Please refer to the Delaware Coastal Management Program’s Interstate Consistency Approvals and Geographic Location Descriptions.

Yes, Delaware uses its interstate consistency authority to review:

• Dredging and dredged material disposal in the Delaware River and Bay in defined New Jersey and Pennsylvania waters
• Introduction of non-native shellfish in the Delaware River and Bay in New Jersey and in the Chesapeake Bay
• Offshore alternative energy development in defined New Jersey and Maryland waters
• Offshore alternative energy development on the outer continental shelf from 3 – 24 nautical miles off the coast as described in the document below.

Please refer to the Delaware Coastal Management Program’s Interstate Consistency Approvals and Geographic Location Descriptions for more detailed information.

Regulated Federal activities include the following:

• Projects and programs conducted by, or on behalf, of a Federal government agency. These are referred to as “Federal Agency Activities.”
• Projects requiring a Federal license or permit
• Federal funding to local governments
• Plans for exploration, development or production of any area leased under the Outer Continental Shelf Lands Act.

Federal agency activities that are reviewed through Federal Consistency include projects such as dredging and beach nourishment projects conducted by the U.S. Army Corps of Engineers, fisheries management plans proposed by the National Marine Fisheries Service (NMFS), airport expansion plans proposed by the Federal Aviation Administration (FAA) and highway plans sponsored by the Federal Highway Administration.

Federal licenses and permits that are reviewed through Federal Consistency include permits issued by the Army Corps of Engineers for impacts to wetlands and navigable waters, permits issued by the Coast Guard for work on bridges and pipelines over navigable waters, licenses and permits issued by the Federal Energy Regulatory Commission for electric transmission lines and interstate natural gas transmission lines and certifications from the federal aviation administration for airport layout plans. (See a list of Federal Licenses and Permits subject to Federal Consistency.)

The Delaware Coastal Management Program has an approved set of policies (see Federal Consistency Policy Document) that are used to review projects for Federal Consistency. These policies are composed of pre-existing state laws, regulations and executive orders. Because the goals of the Coastal Management Program are to balance the use, preservation and development of coastal resources, these policies cover a wide range of coastal issues.

Applicants for a Federal Consistency Concurrence must submit the following to the Delaware Coastal Management Program:

• A description of the project
• An analysis of the project’s likely coastal zone effects and a description of how it will comply with applicable Coastal Zone Management Policies
• The Statement of Consistency: “[Name of Applicant] has determined that the proposed [project] complies with Delaware’s approved coastal management program and will be conducted in a manner consistent with such program.
• Supporting information sufficient to understand and review the coastal zone effects of the project. This can include copies of federal permit applications, construction plans, environmental assessments or environmental impact statements, monitoring data, modeling data and verification of other permits received.

The forms needed to determine federal consistency can be submitted to the Delaware Coastal Management Program via email to DNREC_FederalConsistency@delaware.gov.

Persons and organizations proposing Federal activities in Delaware must receive a written “concurrence” from the Delaware Coastal Management Program indicating that the project complies with Delaware’s Coastal Zone Management Policies. Coastal Management Program staff are responsible for the review, which often includes coordination from other state agencies and subject matter experts.

The Delaware Coastal Management Program has up to six months to review a project, but a review may take more or less time, depending on the complexity of the project or the completeness of the original application.

Public involvement is an important part of the Federal Consistency process. Each application goes on public notice for either 20 or 30 days, depending on the type of project.

During this time, comments regarding the project are accepted by the Coastal Management Program. Any comments received are taken into consideration while reviewing the project. Public notices for new Coastal Management Federal Consistency applications are placed in the classified section of The News Journal and The Delaware State News on Wednesdays and Sundays. Public notices can also be found on the DNREC website.

First, the applicant determines whether their proposed project is consistent with the policies of the Delaware Coastal Management Program and submits application materials to the state. The forms needed to determine federal consistency can be submitted via email to DNREC_FederalConsistency@delaware.gov.

Upon receipt, the project is assigned to DCMP staff for review. Applicants who have not submitted complete information are notified within 30 days and provided with a list of deficiencies.

If complete, a public notice is placed in local newspapers. Comments received by the public are compiled and taken into consideration when reviewing the application.

DCMP staff review the application and coordinate with other permitting agencies and/or subject matter experts to discuss public policy questions and issues.

When all questions and issues are resolved, DCMP will either concur with or object to the applicant’s federal consistency certification.

Applicants receive, in writing, notices of concurrence with or objection to the federal consistency certification.

The Delaware Coastal Management Program will work with project applicants to change or modify a project so that it can become consistent with our policies. If a project cannot be modified to be consistent with Coastal Zone Management Policies, the Delaware Coastal Management Program will issue an “objection” letter.

Projects that do not comply with Coastal Zone Management policies cannot proceed. If the project in question requires a federal licenses or permit, the federal permit is not valid until the project becomes consistent with Coastal Zone Management policies.

Applicants may appeal (15 CFR 930 Subpart H) decisions to the Secretary of Commerce within 30 days of receipt of DCMP’s ”objection” notification. An applicant may request that the Secretary override the state’s consistency objection if the activity is consistent with the objectives of the Federal Coastal Zone Management Act.