Wolf Bay Plan Final - Mobile Bay National Estuary Program

While there are no phase I or II municipalities in the Wolf Bay watershed, there will come a timein the future when a phase III will be implemented. Foley, Gulf Shores and Orange Beach willmost likely come under that phase and have similar requirements to meet the regulatory program.By coordinating and encouraging stormwater protection in this management plan, those citieswill be meeting requirements ahead of time.6. Coastal Zone RegulationsIn 1972, Congress passed the Coastal Zone Management Act (CZMA) in order to improve themanagement of our nation’s coastal resources. The Act created the Coastal Zone ManagementProgram (CZM), which is administered by NOAA. The CZM provides coastal states theopportunity and financial support to develop coastal zone management programs to protectcoastal resources. Alabama joined the CZM program in 1979.Within Alabama’s designated Coastal Area (generally defined as the 10’ contour elevation ofMobile and Baldwin Counties seaward to the outer limit of the United States territorial sea)ADEM has certain regulatory, permitting, and enforcement functions that are established underthe Alabama Coastal Area Management Program (ACAMP). The specific regulatory requirementsand procedures can be found in ADEM Administrative Code R 335-8xx. In general terms, ADEMregulates certain activities in the coastal area, including beach and dune construction, commercialand residential developments greater than 1 acre, groundwater extraction of a certain capacity,siting, construction and operation of energy facilities, marina development, and wetland impacts,to name a few. Approximately the southern third of the Wolf Bay project area is in the coastalzone. Since many of these activities are also federally regulated, ADEM has developed proceduresfor joint review in order to avoid overlap. For more information on coastal zone permitting, visitwww.adem.state.al.us/FieldOps/Permitting/Coastal/coastal.htm.7. Coastal ConsistencyOne power granted to states by the CZMA gives states with federally approved coastal zonemanagement programs the authority to require federal agencies to carry out their activities withinthe coastal zone in ways that are consistent with the state’s coastal program’s policies. As such,activities occurring within the designated coastal area that require a federal permit must certifythat the proposed activity is consistent with the policies and regulations of the ACAMP. In reviewof coastal consistency, ADEM is granted the authority to deny or conditionally approve a projectthat is determined to be inconsistent with ADEM Division 8 Coastal Program Regulations. Federalactivities subject to coastal consistency determination include: US Army Corps of EngineersSection 10 (Navigation and Navigable waters) and Section 404 (wetland dredge and fill) permits;Federal Energy Regulatory Commission permits, and Environmental Protection Agency permitsfor air quality, water quality and solid waste disposal.35