§ 923.11 - Uses subject to management.  


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  • § 923.11 Uses subject to management.

    (a)

    (1) The management program for each coastal state must include a definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters.

    (2) The management program must identify those land and water uses that will be subject to the terms of the management program. These uses shall be those with direct and significant impacts on coastal waters or on geographic areas likely to be affected by or vulnerable to sea level rise.

    (3) The management program must explain how those uses identified in paragraph (a)(2) of this section will be managed. The management program must also contain those enforceable policies, legal authorities, performance standards or other techniques or procedures that will govern whether and how uses will be allowed, conditioned, modified, encouraged or prohibited.

    (b) In identifying uses and their appropriate management, a State should analyze the quality, location, distribution and demand for the natural and man-made resources of their coastal zone, and should consider potential individual and cumulative impacts of uses on coastal waters.

    (c) States should utilize the following types of analyses:

    (1) Capability and suitability of resources to support existing or projected uses;

    (2) Environmental impacts on coastal resources;

    (3) Compatibility of various uses with adjacent uses or resources;

    (4) Evaluation of inland and other location alternatives; and

    (5) Water dependency of various uses and other social and economic considerations.

    (d) Examination of the following factors is suggested:

    (1) Air and water quality;

    (2) Historic, cultural and esthetic resources where coastal development is likely to affect these resources;

    (3) Open space or recreational uses of the shoreline where increased access to the shorefront is a particularly important concern;

    (4) Floral and faunal communities where loss of living marine resources or threats to endangered or threatened coastal species are particularly important concerns.

    (5) Information on the impacts of global warming and resultant sea level rise on natural resources such as beaches, dunes, estuaries, and wetlands, on salinization of drinking water supplies, and on properties, infrastructure and public works.