What is the difference between a consistency determination and a consistency certification?
Consistency determinations are submitted by federal agencies. Consistency certifications are for projects requiring a federal permit, authorization, or funding. The legal tests, review periods, and dispute resolution mechanisms differ between the two. (See “Federal Consistency in a Nutshell for more details, at http://www.coastal.ca.gov/fedcd/guidecd.pdf.) Briefly: Review periods: The Consistency Determination review period is up to 75 days. The Consistency Certification review period is up to 6 months. Applicants may extend either of these time periods. Note also the “90 day” rule for consistency determinations in 15 CFR 930.36(b): “The consistency determination shall be provided to State agencies at least 90 days before final approval of the Federal agency activity unless both the Federal agency and the State agency agree to an alternative notification schedule.” Legal Tests: The enforceable policy (Coastal Act Chapter 3) analysis is the same for both. Where they differ is that feder
Related Questions
- What is involved in a consistency certification and obtaining a consistency determination from the Department of State prior to receiving a federal permit?
- Is there a standard application form for a consistency determination, negative determination, or consistency certification?
- What is the difference between a consistency determination and a consistency certification?
