How to submit a consistency determination

Federal agencies must submit a “consistency determination” to BCDC for proposed federal activities and federal development projects that are likely to affect San Francisco Bay. This can include activities both inside and outside of BCDC’s jurisdiction that have impacts on the Bay.

If the federal agency determines that there will not be effects to the Bay, they can submit a “negative determination” instead.

Step-by-step: Submit a consistency determination


  1. Contact us early
    Reach out to us before starting your project. We can help identify potential issues and guide you through the process.
  2. Write your consistency determination

    You can use any format you choose for this document. Some agencies find it helpful to fill out the BCDC permit application form instead of creating their own format. This document should:

    • Describe the proposed activity and its possible impact on the Bay
    • Explain how the activity aligns with BCDC's applicable Coastal Management Program policies
    • If full consistency is prohibited by existing law applicable to the federal agency, explain why
    • Provide comprehensive data and information to support your analysis
  3. Email your consistency determination
    Send it to info@bcdc.ca.gov with the subject line “Consistency Determination: PROJECT NAME.” This should be done at least 90 days before final approval of the federal activity. There are no fees for submitting a consistency determination.
  4. Collaborate with your BCDC contact
    A staff member will be assigned to review your document. They will inform you within 2 weeks if any necessary information is missing. For larger projects requiring review by the Commission at a public meeting, they will also help you prepare for the meeting.
  5. Wait for our response
    We generally complete our review and respond within 60 to 75 days of receiving all needed information.

    • If we agree with your consistency determination, we will send you a “letter of concurrence,” which may include conditions to change aspects of the project to ensure consistency with BCDC's Coastal Management Program.
    • If we disagree with your consistency determination, or if you object to any conditions, there is a process for dispute resolution. But this outcome is rare as we are proactive in addressing potential issues.

Step-by-step: Submit a negative determination


  1. Check that a negative determination is appropriate
    Reach out to us to explain why you think a negative determination is appropriate for your project, and to confirm that we agree with this approach.
  2. Write your negative determination

    You can use any format you choose for this document. It generally does not require the same level of complexity as a consistency determination. This document should:

    • Describe the proposed activity
    • Explain why the activity will not affect any coastal use or resource
    • Explain how the activity aligns with the applicable Coastal Management Program policies
    • Provide any needed data or information to support your analysis
  3. Email your negative determination
    Send it to info@bcdc.ca.gov with the subject line “Negative Determination: PROJECT NAME.” This should be done at least 90 days before final approval of the federal activity. There are no fees for submitting a negative determination.
  4. Collaborate with your BCDC contact
    A staff member will be assigned to review your document. They will contact you with any questions.
  5. Wait for our response
    We generally complete our review within 60 to 75 days of receiving all needed information.

    • If we agree with your negative determination, we will send you a “letter of concurrence.”
    • If we disagree with your negative determination because we believe there are likely to be effects to the Bay, we may ask you to submit a consistency determination.