250.281—What must I do to conduct activities under the approved EP, DPP, or DOCD?
(a) Approvals and permits.
Before you conduct activities under your approved EP, DPP, or DOCD you must obtain the following approvals and or permits, as applicable, from the District Manager or Regional Supervisor:
(3)
Approval of new platforms and other structures (or major modifications to platforms and other structures) (see § 250.905 );
(b) Conformance.
The activities proposed in these applications and permits must conform to the activities described in detail in your approved EP, DPP, or DOCD.
(c) Separate State CZMA consistency review.
APDs, and other applications for licenses, approvals, or permits to conduct activities under your approved EP, DPP, or DOCD including those identified in paragraph (a) of this section, are not subject to separate State CZMA consistency review.
(d) Approval restrictions for permits for activities conducted under EPs.
The District Manager or Regional Supervisor will not approve any APDs or other applications for licenses, approvals, or permits under your approved EP until either:
(1)
All affected States with approved coastal zone management programs concur, or are conclusively presumed to concur, with the coastal zone consistency certification accompanying your EP under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or
(2)
The Secretary of Commerce finds, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each activity covered by the EP is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security;
(3)
If an affected State objects to the coastal zone consistency certification accompanying your approved EP after MMS has approved your EP, you may either:
(i)
Revise your EP to accommodate the State's objection and submit the revision to the Regional Supervisor for approval; or
(ii)
Appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930 subpart H. The Secretary of Commerce will either:
(B)
Deny your appeal, in which case you may revise your EP as described in paragraph (d)(3)(i) of this section.