Coordination Is

Local units of government utilizing existing laws that require the federal, state, county, and all other local units of government and their agencies to work with them on a government-to-government basis.

Authority

The requirement for government agencies to coordinate with local governments is found in most of the state and federal land use statutes and the agencies’ regulations that govern the state and federal agencies powers. Where this requirement exists, the government agency must coordinate with the local government requesting the action.

Definition

The word “coordinate” is a word of common usage, and when interpreted by the courts, the common dictionary definition is adopted. Webster’s New International Dictionary defines “coordinate” as “of equal importance, rank or degree, not subordinate.”

History

The first land use statute that required coordination with local government was the Federal Land Policy and Management Act (FLPMA) in 1976. This requirement has been included in every land use act since. In agency vernacular, coordination is commonly used and understood amongst government entities, but until Attorney Fred Grant recognized that it applied to states, tribes and local units of government, it had never been utilized to its fullest extent.

Criteria for Coordination

By statute, coordination means:

Early notification (prior to public notice) to the local government of all actions or plans of the federal or state agencies that will affect local units of government, its economy, or environment;
Opportunity for meaningful input by the local government, which means input that has substance and given weight and meaning by the agency;
Agency is required to be apprised of any local government policy or plan;
Agency required to consider the local government policy or plan when working on a state or federal policy or plan or management action;
And, most importantly, the agency is required to make all practicable effort to make the state or federal policy, plan or action consistent with the local policy or plan.

Consistency

It is the "consistency" requirement that gives teeth to coordination. The agency cannot listen and then ignore the position of the local government. It must make every practicable effort to make its action, policy or plan "consistent" with that of local government.

Cooperation

Not to be confused with coordination, cooperation gives other units of government and agencies the ability to accept your attendance at the table as cooperation and then do whatever they want.

Contact Information
Americans For Prosperity
Jay Verhulst
715-356-9744
715-614-9744