Background
An important element of Coastal Zone Management (CZM) Programs is "Federal Consistency," Stated in overly simplified terms, Federal Consistency conforms direct and indirect federal activities with state law to the extent practicable. Federal Consistency is a legal acknowledgement under federal law of the importance of respect for state law.
The Federal Consistency aspect of CZM is administered in Indiana as a networked program coordinated by the Indiana Department of Natural Resources: Lake Michigan Coastal Program. The state agency responsible for the management of a particular regulatory program evaluates whether a federal activity is consistent with the laws administered by that agency. Upon the advice of the appropriate sister agency, the DNR (and the Natural Resources Commission [NRC]) makes Indiana's formal determination of Federal Consistency, subject to review by the U.S. Department of Commerce.
The Federal Consistency process is outlined in the LMCP Program Document. The LMCP and partners developed a Nonrule Policy Document to further clarify the Federal Consistency process.
The Natural Resources Commission (NRC) approved the original Nonrule Policy Document at its January 20, 2004 meeting. The document became effective March 1, 2004. The LMCP made minor modifications to the original document and resubmitted it to the NRC for review and approval in January 2007, and again in 2013. The NRC approved the modifications to the document.
Federal Consistency Review Process
Pursuant to "federal consistency" requirements, a federal action that has reasonably foreseeable effects on a land or water use of the Indiana Lake Michigan Coastal Program Area must be consistent with the state laws described in Indiana’s program. Federal activities are those that:
- Are performed by a federal agency or its contractor (i.e., federal agency activities),
- Require a federal license or another form of federal approval (i.e., federal licenses or permits), or
- Provide federal financial assistance to state or local government (i.e., federal financial assistance)
Certain federal actions within these categories will trigger a Federal Consistency review. The specific activities that necessitate review are listed in the Nonrule Policy Document, pages 8-16. Please review the list of activities to determine if your project requires a review.
Federal Consistency Applications
Applications to demonstrate federal consistency require neither a fee nor an application form. The application must include information reasonably required to determine whether an activity would be compliant with state law. A Federal Consistency application is initiated when the LMCP receives a letter requesting a Federal Consistency review with complete information for one of the following categories. The application materials required for each category are listed below:
- Federal Agency Action: A consistency determination from a federal agency conducting an activity.
- Federal Permit/License: A copy of an application for a federal license, from the license applicant, accompanied by a federal consistency certification
- Federal Financial Assistance: A copy of an application for federal financial assistance accompanied by a federal consistency certification.
Contact Information
Federal Consistency in Indiana is conducted through a network of state agencies coordinated through the following office. Please submit Federal Consistency requests and questions to:
Jenny Orsburn
Program Manager
Lake Michigan Coastal Program
Indiana Department of Natural Resources
Indiana Dunes State Park Annex Office
1600 North 25 East
Chesterton, IN 46304
219-983-9912
JeOrsburn@dnr.IN.gov
Indiana LMCP Federal Consistency Register
All projects and proposed Federal agency actions requiring Federal Consistency determinations are posted to the LMCP Federal Consistency Register. The Register contains detailed descriptions of proposed activities. Public comments are accepted during certain times in the review process.