Alabama Coastal Area Board

Authorities:

Acts 1973, No. 1274, pp. 2164-2177.

Acts 1976, No. 534, pp. 685-696.

Acts 1982, No. 612, pp. 1111-1152.

Code 1975, 1982 Supplement, 9:7.

U.S. Dept. of Commerce. National Oceanic and Atmospheric Administration. Office of Coastal Zone Management, and Ala. Coastal Area Board. The Ala. Coastal Area Management Program and Final Environmental Impact Statement, 1979.

Congress passed the Coastal Zone Management Act (Public Law 92-583) in 1972. It authorized a federal grant-in-aid program to be administered by the Secretary of Commerce, who delegated the responsibility to the Office of Coastal Zone Management in the National Oceanic and Atmospheric Administration. When the Coastal Area Board was established in Ala. in 1973, the Ala. Development Office provided the staff and accepted funds for the Board.

In 1976 the federal law was substantially amended. It affirmed a national interest in the protection and development of coastal areas by providing assistance to states in implementing programs to manage the areas. The legislation provided broad guidelines and basic requirements for states in planning and development.

State legislation in 1976 reconstituted the Board with responsibility and authority for developing, coordinating, and maintaining a coastal area program to enhance tourism and orderly economic development, and to provide for regulations and provisions for the enforcement of the Act. The Board was no longer administered by the Ala. Development Office.

Changes from the legislation in 1973 authorized the Board to solicit, accept, and expend funds from the state, federal government, or other source; and to employ an executive director to serve as chief administrative officer and secretary to the Board. Subject to Board approval, the executive director would employ necessary personnel to carry out the provisions of the Act.

After 120 days from the approval of the act by the Governor, the Board would provide for the orderly transfer by the State Planning Office of all functions relating to the act of 1973 to the office and staff directed and hired by the Board. An office to carry out the functions, responsibilities, and duties would be established in the Gulf Coast area. Thus, the Board became an automonous agency.

The executive director would also keep minutes of all transactions and proceedings of the Board and be the custodian of files and records. The Board was authorized to contract with other state agencies, including universities, to provide technical assistance.

Members of the Board consisted of the director, Office of State Planning, Ala. Development Office; the director, Marine Resources Division, Dept. of Conservation and Natural Resources; one member each from the Mobile City Commission, Mobile County Commission, and Baldwin County Commission; the state geologist; the director of the Marine Environmental Sciences Consortium; one official, a member of and selected by the Baldwin County Mayor's Association, of a municipality in Baldwin County; and the Chairman of the Coastal Area Advisory Commission. The chairman would be elected by the members, who could also designate an acting chairman in the absence of the chairman.

The Board would continue to meet quarterly or in special sessions at the call of the Chairman. Meetings would be open to the public, and an accurate record of proceedings would be kept and made available for public inspection. The Board would also continue to coordinate interests of other government entities and compacts. It would have an official seal.

In relation to the acquisition of fee simple and less than fee simple interest in land, water, and other property, the act in 1976 specified that this power did not apply to property and interest which is devoted to public use. Further, no governmental agency could adopt a rule that would be unduly restrictive or constituting the taking of property without payment or compensation in accordance with the Constitution.

The Alabama Coastal Area Board Fund was created. It could consist of legislative appropriations; county and municipal appropriations; gifts, grants, and donations; federal aid; and all other monies.

The elements of program development remained the same as in the 1973 act, except that inland boundaries were identified and defined in the 1976 act; and that, in the determination of permissible land and water uses having a significant impact, the program should give due consideration to requirements for agriculture, industry, commerce, resource conservation, residential development, recreation, extraction of mineral resources and fossil fuels, harvesting of timber and pulpwoods, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources.

Continuing elements in the program provided for:

1) identification of the state's coastal resources;

2) evaluation of these resources in terms of quality, quantity, and capability for use both now and in the future,

3) determination of present and potential uses and conflicts in the use of each resource,

4) an inventory and designation of areas of particular concern,

5) broad quidelines on priority of uses in particular areas,

6) provision for adequate consideration of the local, regional, state, and national interest involved in the siting of facilities for energy-related, adequate transportation, and other public services necessary to meet requirements which are other than local in nature,

7) provision for consideration of whether a proposed applicant for a federal license or permit complies with the state's program, and the subsequent issuance of a notice, and

8) adequate provisions for public notice, hearings, and judicial review.

The Board would develop rules and regulations after notice and full participation by relevant federal, state, and local agencies; regional organizations; port authorities; and other interested parties.

To avoid duplication, no additional permit for activities within the coastal area would be required if the proposed action required a permit from certain other state agencies. However, the Board would determine that such a permit was in compliance with the management program of the Board. Uses of the area which would not have a significant impact on coastal waters might be regulated by local governments within the framework of the management program. Also, any person, corporation, or partnership filing an application for a federal permit should submit an informational copy to the Board.

Appeals could be taken by any person(s), partnership, corporation, or state or local government entity aggrieved by an order of the Board which resulted in the denial, suspension, or revocation of a permit or the issuance of a permit or conditional permit. Procedures for appeals are outlined in the text of the act.

In addition, as in the previous act of 1973, the state could initiate action against any person(s), partnership, corporation, or state or local government entity in violation of the management program in the judgement of the Board. This action may start at the request of the Board or a jurisdictional or county attorney. The jurisdiction applies to counties in which either the violation is located or affected by the violation. Threatened or actual violations may be restrained by order of the Circuit Court in the jurisdictional county.

The Coastal Area Advisory Committee was established to advise and consult with the Board and to make recommendations. Membership would consist of fourteen persons who have a broad range of experience and knowledge relating to problems of management, use, conservation protection, and development of coastal resources. Members selected should represent a broad segment of industry and commerce, and within the coastal area, conservation and protection groups, farming and forestry, fishing and marine transport, building and land development, and planning and engineering.

The county commissions of Mobile and Baldwin counties would solicit nominations, and each county would have seven members on the Committee. In addition, a majority of members would either reside and/or own property within the management area. The members would elect a chairman who would serve as a member of the Board.

In 1982 Board functions relating to permitting, regulation, and enforcement were transferred to the Dept. of Environmental Management. All remaining functions of the Board were assumed by the Office of State Planning and Federal Programs. Personnel, equipment, property, records, reports, funds and appropriations, and existing contracts and services related to such remaining functions were also moved to the Planning Office. A Coastal Resources Advisory Committee was established additionally by this legislation.

From the description of Agency history record. (Unknown). WorldCat record id: 145408444