What is the Puerto Rico Coastal Zone Management Program PRCZMP)?

The PRCZMP is required as part of the implementation of the Coastal Zone Management Act of 1972 (CZMA) (PL 92-583). The CZMA recognizes the importance, singularity and special management needs of coastal resources through the US territories and regions and provide them the opportunity to manage it through the administration of local management programs regulated by the National Oceanic and Atmospheric Administration (NOAA). The states and territories that take advantage of this law are required to prepare a Coastal Zone Management Program (CZMP)document to be reviewed and approved by NOAA. The Puerto Rico Coastal Zone Management Program (PRRCZMP) was adopted on July 12,1978. Therefore, federal activities that impact the coastal zone of Puerto Rico or its resources must be carried out in a manner consistent to the maximum extent practicable with the PRCZMP policies.
The PMZCPR is administered by the Office of Coastal Zone Management and Climate Change, under the PR Department of Natural and Environmental Resources (DNER). https://www.drna.pr.gov/pmzc/ 

Which is the boundary of the Puerto Rico Coastal Zone and how is it defined?

The boundary of Puerto Rico’s Coastal Zone is a strip of 1,000 meters inland or additional distances, as needed to protect important coastal ecosystems. The Coastal Zone also includes territorial waters, the ocean sea floor beneath them extending up to 9 nautical miles (three nautical leagues or 10.35 miles) offshore. The Coastal Zone also includes the islands of Vieques, Culebra, Mona, Monito, Desecheo and other cays and islets within Puerto Rico jurisdiction

This interactive map is available on the PR Planning Board web page: www.jp.pr.gov

What is the Federal Consistency Certification requirement with the PMZCPR?

Section 307 states that Federal Agency activities within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum extent practicable with the approved state management programs. NOAA has established procedures contained in 15 CFR Part 930 for designated state agencies in coastal states with approved programs to evaluate and certify the consistency of Federal Activities or projects with the Coastal Zone Management Program policies. The Puerto Rico Planning Board (PRPB) is the designated state agency to implement the Federal Consistency review procedure for federal activities within the Puerto Rico jurisdiction.

¿What types of federal activities are subject to the Federal Consistency Certification requirement?

•  Federal Activities: (Subpart C of15CFR Part 930)
  Functions performed by or on behalf of a federal agency in the exercise of its statutory responsibilities. The term “Federal agency activity” includes a range of activities where a federal agency makes a proposal for action initiating an activity or series of activities when coastal effects are reasonably foreseeable. For example, flood control or dredging projects carried out by a Federal Agency, establishment or amendment of federal regulations related to the management and use of coastal resources, and any other activity that impacts the land, water, or coastal resource uses within the Puerto Rico jurisdiction.
• Federal licenses or permits (SubpartD of 15 CFR Part 930)
  When an individual or institution requests a federal permit for an activity or project that impacts the coastal zone or its resources. For example, permits from the U.S. Army Corps of Engineers (USACE) or discharge permits from the Federal Environmental Protection Agency (EPA).
• Federal Assistance (Subpart F of 15CFR Part 930
  Assistance provided under a federal program to an applicant agency through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other forms of financial aid.
• Outer Continental Shelf (OCS) Exploration, Development and Production Activities
  (Subpart E of15 CFR Part 930).

Who Must Meet the Federal Consistency Certification requirement?

• Any federal agency that conducts activities or projects impacting the coastal zone or its resources.
• Any individual or institution that carries out a project or activity impacting the coastal zone or its resources and for which a permit or license from a federal agency such as the U.S. Army Corps of Engineers (USACE) or the Environmental Protection Agency (EPA)among others is required.
• Any agency, municipality, or institution that carries out a federally funded project or activity that impacts the coastal zone or its resources.

What kind of activities impact the coastal zone?

1. Dredging or cleaning of canals, rivers and streams
2. Deposits of fill material in coastal water bodies and wetlands.
3.  Installation and construction of structures such as marinas, boat ramps, docks, breakwaters, retaining walls, etc.
4.  Construction of roads and boardwalks on the coast.
5.  Discharges to coastal water bodies(treatment plant discharges, storm sewers, etc).
6.  Removal of earth crust causes the transfer of sediments to wetlands water bodies and the sea.
7. Sand extraction in the coastal area.
8. Any other that impacts the coastal zone and its resources.

What are the Public Policies of the PMZCPR?

These are state policies that are legally linked to articles of the Constitution, laws, regulations, land use plans, ordinances, and others through which the government of Puerto Rico exercises control over the public and private uses of the lands, waters, and natural resources that are located within the limit of Puerto Rico’s coastal zone.

The public policies of the PRCZMP are in Appendix B of the document. Since the PMZCPR came into force in 1978, public policies have been added through Routine Program Changes (RPC’s) that were approved by NOAA. In addition to the policies that are contained the PRCZMP document of 1978 and are still in force, there is a list of laws and regulations that have been added through routine changes.

The following agencies administer the public policies of the Program:

1. Department of Natural and Environmental Resources (DNER)
2.  PR Planning Board (PRPB)
3. Permit Management Office (OGPe)
4. Puerto Rican Culture Institute (PRCI)
5. State Historic Preservation Office (SHPO)

How is the evaluation of Federal Consistency with the PMZCPR carried out?

This evaluation is conducted in accordance with the procedure set forth in federal regulations at 15 CFR Part 930. This regulation states that the PR Planning Board as designated state agency must conduct its review process in accordance with the following:

• Federal Activities: Must be evaluated within 60 days (2 months) of receipt of the application, if deemed complete. As part of the required review process, the PRPB issues a public notice providing a space for public participation and consultation with the agencies concerned. The federal agency and the Planning Board may agree on extensions of time depending on the nature and complexity of the activity or project.
• Federal Licenses or Permits: The PRPB must conduct its evaluation within 180 days (6 months) of receipt of the application, if it is deemed complete. As part of the required review process, the Planning Board issues a public notice providing a space for public participation and consultation with the agencies concerned. The Planning Board and the applicant may agree to extensions of time to resolve outstanding matters.
• Applications for Federal Assistance (Federal Funds): Are evaluated in accordance with Executive Order 12372. The Planning Board will prioritize this type of application, evaluating it in the shortest possible time depending on the complexity and magnitude of the impacts on coastal resources that the activity or project to be financed with federal funds may have.