OAR 660-035-0050: Consistency for Activities Requiring a Federal License or Permit

(1) When reviewing any consistency certification submitted by an applicant for a federal license or permit activity affecting any coastal use or resource for consistency with the enforceable policies of the OCMP, the department shall conform to the requirements and procedures provided in 15 CFR Part 930, Subpart D. (2) For review of a federal license or permit application, an applicant must submit to the department a consistency certification and the necessary data and information described in 15 CFR §930.58(a). (a) Copies of complete applications for permits that state and local governments require for the proposed activity are required as necessary data and information to begin the CZMA six-month review period. The department does not require issued state or local permits as necessary data or information to begin the six-month review. If at the end of the six-month review period the applicant has not obtained all required state and local permits: (A) The department may object to the consistency certification as provided in 15 CFR §930.63, or (B) The department and the applicant may enter into a written agreement to stay the CZMA review period to permit resolution of the remaining issues as provided in 15 CFR §930.60(b). (b) To expedite the federal consistency review process, the department encourages applicants to obtain state and local permits and other authorizations required by enforceable policies before beginning the federal consistency review process. (c) Draft NEPA documents are necessary data and information to begin the CZMA six-month review period except when a federal statute requires a federal agency to initiate CZMA consistency review prior to its completion of NEPA compliance. (d) In cases where an applicant relies on draft NEPA documents to satisfy some of the necessary data and information requirements for federal consistency review under subsection (c), the department will not begin the federal consistency review period until the applicant submits the draft NEPA documents, together with all other required necessary data and information, to the department. (e) An applicant must clearly demonstrate how draft NEPA or other project documentation materials support a finding of consistency with OCMP enforceable policies. (3) The department shall provide for public participation consistent with the provisions of 15 CFR §930.61. The department will: (a) Maintain a mailing list of interested parties; (b) Notify interested parties when the department is reviewing a federally licensed or permitted activity for consistency with the OCMP. The department may issue joint public notices with the federal permitting or licensing agency; and (c) Solicit comments that address the consistency of the proposed activity with applicable elements of the OCMP. (4) Evidence supporting consistency for federal license or permit activities: For activities located within the state’s jurisdiction that require state or local permits or authorizations, the issued permit or authorization is the only acceptable evidence demonstrating consistency with the enforceable policies that the permit or authorization covers.