Local Jurisdiction Review

There are three situations where a local jurisdiction must review dredging or disposal issues:
1. dredging within the jurisdiction
2. disposal within the jurisdiction
3. development proposal for a designated disposal site

Local land-use permits or consistency reviews are required for all three situations. These situations may also be required to be reviewed through the State and Federal permit processes.

At the local level, dredging, dredged material disposal, and the intended use of the dredged area shall be reviewed for consistency with the policies, standards, and other requirements of the comprehensive plan or shoreline master program.

Non-federal dredging and disposal shall be reviewed through the established permit process of the local jurisdictions. Federal projects shall be reviewed through the consistency review procedures set forth in the Coastal Zone Management Act. This act states that federal projects which affects the coastal zone must be consistent "to the maximum extent practicable" with the State's Coastal Zone Management Program. To demonstrate consistency the Federal agency should submit a written determination to the affected state which demonstrates how the federal action complies with each of the applicable requirements set forth in the local comprehensive plan or shoreline master program. The affected state and local jurisdiction should review the consistency determination to check for compliance with their plan. The applicant, Federal agency and the state should be notified of any concerns.

In addition to reviewing for consistency with policies and standards, the local jurisdiction should be able to encourage early use of dredged material disposal sites that should be used first. A development may be proposed at a dredged material disposal site, and there may be no zoning or code objection other than the fact that the site should be used for dredged material disposal first.