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Suraj 1 coastal zone notification 1991


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Suraj 1 coastal zone notification 1991

  1. 1. Coastal Zone Notification, 1991 Suraj Kumar Gupta M.Sc 4th semester S.I.F. C.U.S.A.T
  2. 2. The Coastal Regulation Zone NotificationsFor the purpose of protecting coastal resources from depletionand degradation and to manage developmental activities alongthe coastline, the Ministry of Environment and Forests(MoEF), Government of India, on February 19, 1991, issued theCoastal Regulation Zone (CRZ)Notification in 1991 under theEnvironment (Protection) Act, 1986. This notification declaredthe coastal stretches of seas, bays, estuaries, creeks, rivers andbackwaters influenced by tidal action upto 500 metres fromthe ‘High Tide Line’ (“HTL”) and land between ‘Low Tide Line’(“LTL”) and the HTL as the Coastal Regulation Zones (CRZs).Restrictions were imposed on developmental activities andthe notification would accordingly regulate the use of landwithin 500 meters of the coast & 100 meters along the tidal-influenced water bodies.
  3. 3. The Coastal Regulation Zone NotificationsThere have been about 25 amendments tothis notification from 1991 till 2009, as several stategovernments and other stakeholders expressed difficultiesin implementing its provisions, some of which have beenbased on the directions of the Supreme Court. Eventuallythis notification was allowed to lapse and the Ministrybrought out a fresh notification in September 2010, whichafter much discussions and deliberations, was finallypassed as Coastal Regulation Zone Notification 2011 onJanuary 6, 2011.
  4. 4. The Coastal Regulation Zone NotificationsThe principal notification was published in the Gazette of Indiavide number S.O. 114(E), dated the 19th of February 1991 andsubsequently amended vide: i. S.O. 595 (E) dated 18th August, 1994 * ii. S.O. 73 (E) dated 31st January, 1997 iii. S.O. 494 (E) dated 9th July, 1997 * iv. S.O. 334 (E) dated 20th April, 1998 v. S.O. 873 (E) dated 30th September, 1998 vi. S.O. 1122 (E) dated 29th December, 1998 vii.S.O. 730 (E) dated 4th August, 2000 viii.S.O. 900 (E) dated 29th September 2000. ix. S.O. 329 (E) dated 12th April 2001*
  5. 5. The primary notification with select amendments is presentedhere. Notification I 19th February 1991 Annexure I Coastal area classification and development regulations Annexure II Guidelines for development of beach resorts/hotels Notification II 18th August 1994 Notification III 9th July 1997 Annexure III List of petroleum products permitted for storage in port areas Notification IV 12th April 2001
  6. 6. Following are the key provisions that will have abearing on the development potential of therestricted and conserved CRZ: It widens the definition of CRZ to include the land area from HTL to 500 m on the landward side, as well as the land area between HTL to 100 m or width of the creek, whichever is less, on the landward side along tidal influenced water bodies connected to the sea. The CRZ also includes, for the first time, water area up to 12 nautical miles in the sea and the entire water area of a tidal water body such as creek, river, estuary without imposing any restrictions of fishing activities. Thus, the main change in the scope of regulation has been to expand the CRZ to include territorial waters as a protected zone to address pollution of the sea.
  7. 7.  The dwelling units of the traditional coastal communities including fisherfolk, tribals as were permissible under the provisions of the CRZ notification, 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union Territory Coastal Zone Management Authorities (CZMAs) and the dwelling units shall be regularized subject to the following condition, namely- I. these are not used for any commercial activity. II. these are not sold or transferred to non-traditional coastal community. The concept of a ‘hazard line’ has been included. While the notification merely states that the hazard line will be demarcated by the MoEF through the Survey of India, by taking into account tides, waves, sea level rise and shoreline changes, this concept owes its introduction to the realisation of natural disasters such as tsunami and floods that may take place in this zone.
  8. 8. CRZ - IThe area that are ecologically sensitive and the geomorphologic featureswhich play a role in maintaining the integrity of the coast like mangroves(in case mangrove area is more than 1000 sq mts, a buffer of 50 mts. alongthe mangroves shall be provided), coral reefs, sand dunes, salt marshes,turtle nesting ground etc.The area between LTL and HTL. CRZ – IIThe areas that have been developed upto, or even close to, the shoreline.The expression “developed area” is referred to as that area within theexisting municipal limits or in other existing legally designated urbanareas which ar e substantially built-up and has been provided withdrainage and approach roads and other infrastructural facilities, such aswater supply and sewerage mains.
  9. 9. CRZ – IIIAreas that are relatively undisturbed and those do not belong to eitherCRZ-I or II which include coastal zone in the rural areas (developed andundeveloped) and also areas within municipal limits or in other legallydesignated urban areas, which are not substantially built up. CRZ - IVWater area from LTL to 12 nautical miles on seaward side and water areasof tidal influenced water bodies from the mouth of the water body at thesea upto the influence of tide measured as 5 ppt during the driest season ofthe year CRZ IV has been changed from the 1991 notification, whichcovered coastal stretches in the islands of Andaman & Nicobar andLakshwadeep. The MoEF has issued a separate notification titled IslandProtection Zone 2011 in relation to these areas.
  10. 10. A new category called areas requiring special consideration hasbeen created which consists of I. CRZ areas of Greater Mumbai, Kerala and Goa , and II. Critically vulnerable coastal areas such as Sunderbans.Clearances for obtaining CRZ approval have been made time-bound. Further, for the first time, post-clearance monitoring ofprojects has been introduced in the form of the requirement tosubmit half-yearly compliance reports, which are to be displayedon the Ministry’s website.In the CRZ 1991 notification, the exceptions, with respect to thelist of prohibited activities, was limited to those activities whichrequired access to the water front.
  11. 11. Norms for Regulation of ActivitiesThe development or construction activities in different categoriesof CRZ area shall be regulated by the concerned authorities at theState/Union Territory level, in accordance with the followingnorms: CRZ-INo new construction shall be permitted within 500 metres ofthe High Tide Line.No construction activity, except as listed under 2(xii), will bepermitted between the Low Tide Line and the High Tide Line.
  12. 12. CRZ-IIBuildings shall be permitted neither on the seaward sideof the existing road (or roads proposed in the approved CoastalZone Management Plan of the area) nor on seaward side ofexisting authorized structures. Buildings permitted on thelandward side of the existing and proposed road/existingauthorized structures shall be subject to the existing local Townand Country Planning Regulations including the existing normsof FSI/FAR.Reconstruction of the authorised buildings to bepermitted subject to the existing FSI/FAR norms and withoutchange in the existing use.The design and construction of buildings shall be consistentwith the surrounding landscape and local architectural style.
  13. 13. CRZ-III(i) The area upto 200 metres from the HTL is to beearmarked as No Development Zone. No construction shall bepermitted within this zone except for repairs of existingauthorised structures not exceeding existing FSI, existing plintharea and existing density. However, the following uses may bepermissible in this zone-agriculture, horticulture, gardenpastures, parks, play fields, forestry and salt manufacture fromsea water.(ii) Development of vacant plots between 200 and 500metres of High Tide Line in designated areas of CRZ-III withprior approval of Ministry of Environment and Forests (MEF)permitted for construction of hotels/beach resorts for temporaryoccupation of tourists/visitors subject to the conditions asstipulated in the guidelines at Annexure-II.
  14. 14. CRZ-III (continued)(iii) Construction/reconstruction of dwelling units between 200and 500 metres of the HTL permitted so long it is within theambit of traditional rights and customary uses such as existingfishing villages and gaothans. Building permission for suchconstruction/reconstruction will be subject to the conditions thatthe total number of dwelling unit shall not be more than twicethe number of existing units, total covered area on all floors shallnot exceed 33 percent of the plot size; the overall height ofconstruction shall not exceed 9 metres and construction shall notbe more than 2 floors (ground floor plus one floor).(iv) Reconstruction/alterations of an existing authorised buildingpermitted subject to (i) to (iii) above.
  15. 15. CRZ-IVAndaman & Nicobar Islands:(i) No New construction of buildings shall be permitted within 200 metres of the HTL;(ii) The buildings between 200 and 500 metres from the HighTide Line shall not have more than 2 floors (ground floor andfirst floor), the total covered area on all floors shall not be morethan 50 per cent of the plot size and the total height ofconstruction shall not exceed 9 metres;(iii) The design and construction of buildings shall be consistentwith the surrounding landscape and local architectural style.(iv) Corals and sand from the beaches and coastal waters shall notbe used for construction and other purpose;
  16. 16. CRZ-IV (continued)(v) Dredging and underwater blasting in and around coralformations shall not be permitted; and(vi) However, in some of the islands, coastal stretches may also beclassified into categories CRZ-I or II or III with the prior approvalof Ministry of Environment and Forests and in such designatedstretches, the appropriate regulations given for respectiveCategories shall apply.
  17. 17. Lakshadweep and small Islands:(i) For permitting construction of buildings the distancefrom the High Tide Line shall be decided depending on the sizeof the islands. This shall be laid down for each island, inconsultation with the experts and with approval of the Ministryof Environment & Forests, keeping in view the land userequirements for specific purposes vis-à-vis local conditionsincluding hydrological aspects erosion and ecological sensitivity;(ii) The buildings within 500 metres from the HTL shall not havemore than 2 floors (ground floor and 1st floor), the total coveredarea on all floors shall not be more than 50 per cent of the plotsize and the total height of construction shall not exceed 9metres;
  18. 18. Lakshadweep and small Islands (continued):(iii) The design and construction of buildings shall be consistentwith the surrounding landscape and local architectural style;(iv) Corals and sand from the beaches and coastal waters shallnot be used for construction and other purposes;(v) Dredging and underwater blasting in and around coralformations shall not be permitted; and(vi) However, in some of the islands, coastal stretches may also beclassified into categories CRZ-I or 11 or Ill, with the prior approvalof Ministry of Environment & Forests and in such designatedstretches, the appropriate regulations given for respectiveCategories shall apply.
  19. 19. Guidelines for Development of Beach Resorts/Hotels in thedesignated areas of CRZ-III for Temporary Occupation ofTourist/Visitors, with prior approval of the Ministry ofEnvironment & Forests:Construction of beach resorts/hotels with prior approval of MEFin the designated areas of CRZ-III for temporary occupation oftourists/visitors shall be subject to the following conditions: The project proponents shall not undertake any construction(including temporary constructions and fencing or such otherbarriers) within 200 metres (in the landward side) from the HighTide Line and within the area between the Low Tide and HighTide Line;
  20. 20. • Live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subjects to the condition that such fencing shall in no way hamper public access to the beach;• No flattening of sand dunes shall be carried out;• No permanent structure for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts.• Construction of basements may be allowed subject to the condition that no objection certificate is obtained from the State Ground Water Authority to the effect that such construction will not adversely affect free flow of ground water in that area. The State Ground Water Authority shall take into consideration the guidelines issued by the Central Government before granting such no objection certificate
  21. 21. (The total plot size shall not be less than 0.4 hectares and the totalcovered area on all floors shall not exceed 33 per cent of the plot size i.e.the FSI shall not exceed 0.33. The open area shall be suitably landscapedwith appropriate vegetal cover;The construction shall be consistent with the surrounding landscape andlocal architectural style;The overall height of construction upto highest ridge of the roof, shallnot exceed 9 metres and the construction shall not be more than 2 floors(ground floor plus one upper floor);Ground water shall not be tapped within 200 m of the HTL; within the200 metres-500 metres zone, it can be tapped only with the concurrence ofthe Central/State Ground Water Board; Extraction of sand, leveling or digging of sandy stretches except forstructural foundation of building swimming pool shall not be permittedwithin 500 metres of the High Tide Line;
  22. 22. The quality of treated effluents, solid wastes, emissions and noise levels,etc. from the project area must conform to the standards laid down by thecompetent authorities including the Central/State Pollution Control Boardand under the Environment (Protection) Act, 1986;Necessary arrangements for the treatment of the effluents and solidwastes must be made. It must be ensured that the untreated effluents andsolid wastes are not discharged into the water or on the beach; and noeffluent/solid waste shall be discharged on the beach;To allow public access to the beach, at least a gap of 20 metres widthshall be provided between any two hotels/beach resorts; and in no caseshall gaps be less than 500 metres apart; andIf the project involves diversion of forest land for non-forest purposes,clearance as required under the Forest (Conservation) Act, 1980 shall beobtained. The requirements of other Central and State laws as applicableto the project shall be met with.Approval of the State/Union Territory Tourism Department shall be obtained.
  23. 23. REFERENCE : -• The Coastal Regulation Zone NotificationsMINISTRY OF ENVIRONMENT & FORESTS(Department of Environment, Forests and Wildlife),NOTIFICATION INew Delhi, the 19th February, 1991