In addition to these two primary categories. Federal highway programs 

 and most pipeline decisions also involve the FWS in an advisory role. 

 Under the Coordination Act, the Service may, upon request, provide 

 advice to states in certain situations where their development activities 

 require Federal permits or certifications. 



Site locations in nearshore and onshore areas are significantly 

 affected by state and local laws and regulations. The interaction of 

 land and water requirements for a site, and the size of the site used 

 for storage and industrial activity govern the extent of applications 

 to state and local governments for zoning and related permits. Permits 

 or approvals required before starting construction typically include 

 one or more of the following: 



• zoning use designation 



t permission to subdivide land ownership 

 t certification of flood proofing and location 

 outside highest flood hazard area 



• wetlands or critical areas conservation or 



impact mitigation 



• site alteration assurances to guard against 



erosion or drainage alterations 



• dredge and fill permit (state) 



This report will not discuss these programs, but excellent secondary 

 sources exist. [Note: For example: HUD, Statutory Land Use Control 

 Enabling Authority in the Fifty States , September 1976, U.S. GPO/HUD- 

 FIA-179. J Permission under many of these types of regulations may be 

 denied as a matter of state (or local) policy at any point in a sponsor's 

 planning process before construction begins. Because of this, local 

 assurances such as zoning approval are often sought well before 

 applications for Federal permits are submitted. 



In addition to development-related permits, operation of a facility 

 may require both Federal and state permits. The most common categories 

 include pollutant discharge and maintenance dredging. 



An important consideration in the formal regulatory process is 

 coordination of state and Federal programs. Corps of Engineers' 

 regulations require state disposition of related issues before issuance 

 of Corps dredge and fill permits. [Note: Regulations published July 

 25, 1975, Volume 40 of the Federal Register, pages 31320 et seq.] 



The Coastal Zone Management Act of 1972 requires greater coordination 

 between state and Federal agencies in states which have approved Coastal 

 Zone Management plans. 



Faced with the economic risks and the complexity of the regulatory 

 process and equally demanding capital financing requirements, a facility 



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