59 



The channel and harbor improvements fi- 

 nanced by the U.S. Army Corps of Engineers 

 are important components of the local coastal 

 zone plan. Such improvements currently are 

 approved by State Governors, who would 

 benefit in making these decisions from expert 

 advice of the proposed State Coastal Zone 

 Authorities. 



The Commission recommends that Fed- 

 eral legislation to aid the States in estab- 

 lishing Coastal Zone Authorities not im- 

 pose any particular form of organization 

 but should require that approval of each 

 grant be contingent on a showing that the 

 proposed organization has the necessary 

 powers to accomplish its purposes, has 

 broad representation, and provides ade- 

 quate opportunities for hearing all view- 

 points before adopting or modifying its 

 coastal development plans. 



The magnitude. of coastal problems varies 

 with the nature of the area ; therefore, so will 

 the powers necessary to carry out the plans. 

 In certain relatively undeveloped areas, only 

 planning will be required, but in others the 

 entire range of State powers will be needed 

 to preserve resources of statewide and na- 

 tional importance. 



The following powers should be available 

 to the typical Coastal Zone Authority : 



• Planning — to make comprehensive plans 

 for the coastal waters and adjacent lands 

 and to conduct the necessary studies and 

 investigations 



• Regulatiori — to zone; to grant easements, 

 licenses, or permits; and to exercise other 

 necessary controls for ensuring that use of 

 waters and adjacent lands is in conform- 

 ance witii the plan for the area 



• .\cquisition and eminent domain — to iic- 

 quire lands when public ownership is nec- 



essary to control their use (Condemnation 

 procedures should be used if necessary.) 

 • Development — to provide, either directly 

 or by arrangement with other govern- 

 ment agencies, such public facilities as 

 beaches, marinas, and other waterfront de- 

 velopments and to lease lands in its juris- 

 diction, including offshore lands. 

 Zoning, easements, and licensing are effec- 

 tive instruments by which local government 

 and private activity can be regulated in ac- 

 cordance wnth the approved plan. (The Panel 

 Report on Management and Development 

 of the C/oastal Zone discusses a variety 

 of regulatory mechanisms.) In most places 

 zoning powers have been yielded by the 

 States to local jurisdictions. In such cases, 

 the States may have to act to regain the zon- 

 ing power for coastal areas. Water use zon- 

 ing repi'esents a practical and effective 

 management tool for managing potentially 

 conflicting uses. However, procedures by 

 which shoreline and water zoning is coordi- 

 nated present sensitive problems for each 

 State. 



States also may require that permits be 

 granted for coastal land and water use. Per- 

 mit systems are employed now by many 

 States to govern the construction of fish 

 weirs, culture of oysters, excavation of 

 gravel, and similar activities. Permits might 

 be required for docking facilities, marinas, 

 housing developments, and other construc- 

 tion. 



Additionally, it may be desirable to dele- 

 gate to the State Coastal Zone Authorities 

 certain regulatory functions of Federal agen- 

 cies, such as reviewing proposals for con- 

 struction in navigable waterways and advis- 

 ing Federal construction agencies. 



Regulation will not alwaj'S suffice to pre- 

 .serve the benefits of access to the coast for all 

 the people within the State. For this pur- 

 pose, the States should acquire outright own- 



