2. The Coastal Regulation Zone Notifications
For the purpose of protecting coastal resources from depletion
and degradation and to manage developmental activities along
the coastline, the Ministry of Environment and Forests
(MoEF), Government of India, on February 19, 1991, issued the
Coastal Regulation Zone (CRZ)Notification in 1991 under the
Environment (Protection) Act, 1986. This notification declared
the coastal stretches of seas, bays, estuaries, creeks, rivers and
backwaters influenced by tidal action upto 500 metres from
the âHigh Tide Lineâ (âHTLâ) and land between âLow Tide Lineâ
(âLTLâ) and the HTL as the Coastal Regulation Zones (CRZs).
Restrictions were imposed on developmental activities and
the notification would accordingly regulate the use of land
within 500 meters of the coast & 100 meters along the tidal-
influenced water bodies.
3. The Coastal Regulation Zone Notifications
There have been about 25 amendments to
this notification from 1991 till 2009, as several state
governments and other stakeholders expressed difficulties
in implementing its provisions, some of which have been
based on the directions of the Supreme Court. Eventually
this notification was allowed to lapse and the Ministry
brought out a fresh notification in September 2010, which
after much discussions and deliberations, was finally
passed as Coastal Regulation Zone Notification 2011 on
January 6, 2011.
4. The Coastal Regulation Zone Notifications
The principal notification was published in the Gazette of India
vide number S.O. 114(E), dated the 19th of February 1991 and
subsequently 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. The primary notification with select amendments is presented
here.
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. Following are the key provisions that will have a
bearing on the development potential of the
restricted and conserved CRZ:
ï¶ 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. ï¶ 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.
ï¶ The concept of a âhazard lineâ 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. CRZ - I
ï¶The area that are ecologically sensitive and the geomorphologic features
which 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. along
the mangroves shall be provided), coral reefs, sand dunes, salt marshes,
turtle nesting ground etc.
ï¶The area between LTL and HTL.
CRZ â II
The areas that have been developed upto, or even close to, the shoreline.
The expression âdeveloped areaâ is referred to as that area within the
existing municipal limits or in other existing legally designated urban
areas which ar e substantially built-up and has been provided with
drainage and approach roads and other infrastructural facilities, such as
water supply and sewerage mains.
9. CRZ â III
Areas that are relatively undisturbed and those do not belong to either
CRZ-I or II which include coastal zone in the rural areas (developed and
undeveloped) and also areas within municipal limits or in other legally
designated urban areas, which are not substantially built up.
CRZ - IV
Water area from LTL to 12 nautical miles on seaward side and water areas
of tidal influenced water bodies from the mouth of the water body at the
sea upto the influence of tide measured as 5 ppt during the driest season of
the year CRZ IV has been changed from the 1991 notification, which
covered coastal stretches in the islands of Andaman & Nicobar and
Lakshwadeep. The MoEF has issued a separate notification titled Island
Protection Zone 2011 in relation to these areas.
10. ï¶A new category called areas requiring special consideration has
been created which consists of
I. CRZ areas of Greater Mumbai, Kerala and Goa , and
II. Critically vulnerable coastal areas such as Sunderbans.
ï¶Clearances for obtaining CRZ approval have been made time-
bound. Further, for the first time, post-clearance monitoring of
projects has been introduced in the form of the requirement to
submit half-yearly compliance reports, which are to be displayed
on the Ministryâs website.
ï¶In the CRZ 1991 notification, the exceptions, with respect to the
list of prohibited activities, was limited to those activities which
required access to the water front.
11. Norms for Regulation of Activities
The development or construction activities in different categories
of CRZ area shall be regulated by the concerned authorities at the
State/Union Territory level, in accordance with the following
norms:
CRZ-I
ï¶No new construction shall be permitted within 500 metres of
the High Tide Line.
ï¶No construction activity, except as listed under 2(xii), will be
permitted between the Low Tide Line and the High Tide Line.
12. CRZ-II
ï¶Buildings shall be permitted neither on the seaward side
of the existing road (or roads proposed in the approved Coastal
Zone Management Plan of the area) nor on seaward side of
existing authorized structures. Buildings permitted on the
landward side of the existing and proposed road/existing
authorized structures shall be subject to the existing local Town
and Country Planning Regulations including the existing norms
of FSI/FAR.
ï¶Reconstruction of the authorised buildings to be
permitted subject to the existing FSI/FAR norms and without
change in the existing use.
ï¶The design and construction of buildings shall be consistent
with the surrounding landscape and local architectural style.
13. CRZ-III
(i) The area upto 200 metres from the HTL is to be
earmarked as 'No Development Zone'. No construction shall be
permitted within this zone except for repairs of existing
authorised structures not exceeding existing FSI, existing plinth
area and existing density. However, the following uses may be
permissible in this zone-agriculture, horticulture, garden
pastures, parks, play fields, forestry and salt manufacture from
sea water.
(ii) Development of vacant plots between 200 and 500
metres of High Tide Line in designated areas of CRZ-III with
prior approval of Ministry of Environment and Forests (MEF)
permitted for construction of hotels/beach resorts for temporary
occupation of tourists/visitors subject to the conditions as
stipulated in the guidelines at Annexure-II.
14. CRZ-III (continued)
(iii) Construction/reconstruction of dwelling units between 200
and 500 metres of the HTL permitted so long it is within the
ambit of traditional rights and customary uses such as existing
fishing villages and gaothans. Building permission for such
construction/reconstruction will be subject to the conditions that
the total number of dwelling unit shall not be more than twice
the number of existing units, total covered area on all floors shall
not exceed 33 percent of the plot size; the overall height of
construction shall not exceed 9 metres and construction shall not
be more than 2 floors (ground floor plus one floor).
(iv) Reconstruction/alterations of an existing authorised building
permitted subject to (i) to (iii) above.
15. CRZ-IV
Andaman & 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 High
Tide Line shall not have more than 2 floors (ground floor and
first floor), the total covered area on all floors shall not be more
than 50 per cent of the plot size and the total height of
construction shall not exceed 9 metres;
(iii) The design and construction of buildings shall be consistent
with the surrounding landscape and local architectural style.
(iv) Corals and sand from the beaches and coastal waters shall not
be used for construction and other purpose;
16. CRZ-IV (continued)
(v) Dredging and underwater blasting in and around coral
formations shall not be permitted; and
(vi) However, in some of the islands, coastal stretches may also be
classified into categories CRZ-I or II or III with the prior approval
of Ministry of Environment and Forests and in such designated
stretches, the appropriate regulations given for respective
Categories shall apply.
17. Lakshadweep and small Islands:
(i) For permitting construction of buildings the distance
from the High Tide Line shall be decided depending on the size
of the islands. This shall be laid down for each island, in
consultation with the experts and with approval of the Ministry
of Environment & Forests, keeping in view the land use
requirements for specific purposes vis-Ă -vis local conditions
including hydrological aspects erosion and ecological sensitivity;
(ii) The buildings within 500 metres from the HTL shall not have
more than 2 floors (ground floor and 1st floor), the total covered
area on all floors shall not be more than 50 per cent of the plot
size and the total height of construction shall not exceed 9
metres;
18. Lakshadweep and small Islands (continued):
(iii) The design and construction of buildings shall be consistent
with the surrounding landscape and local architectural style;
(iv) Corals and sand from the beaches and coastal waters shall
not be used for construction and other purposes;
(v) Dredging and underwater blasting in and around coral
formations shall not be permitted; and
(vi) However, in some of the islands, coastal stretches may also be
classified into categories CRZ-I or 11 or Ill, with the prior approval
of Ministry of Environment & Forests and in such designated
stretches, the appropriate regulations given for respective
Categories shall apply.
19.
20.
21. Guidelines for Development of Beach Resorts/Hotels in the
designated areas of CRZ-III for Temporary Occupation of
Tourist/Visitors, with prior approval of the Ministry of
Environment & Forests:
Construction of beach resorts/hotels with prior approval of MEF
in the designated areas of CRZ-III for temporary occupation of
tourists/visitors shall be subject to the following conditions:
ï¶ The project proponents shall not undertake any construction
(including temporary constructions and fencing or such other
barriers) within 200 metres (in the landward side) from the High
Tide Line and within the area between the Low Tide and High
Tide Line;
22. âą 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;
âą No flattening of sand dunes shall be carried out;
âą No permanent structure for sports facilities shall be
permitted except construction of goal posts, net posts
and lamp posts.
âą 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
23. ï¶(The total plot size shall not be less than 0.4 hectares and the total
covered 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 landscaped
with appropriate vegetal cover;
ï¶The construction shall be consistent with the surrounding landscape and
local architectural style;
ï¶The overall height of construction upto highest ridge of the roof, shall
not exceed 9 metres and the construction shall not be more than 2 floors
(ground floor plus one upper floor);
ï¶Ground water shall not be tapped within 200 m of the HTL; within the
200 metres-500 metres zone, it can be tapped only with the concurrence of
the Central/State Ground Water Board;
ï¶ Extraction of sand, leveling or digging of sandy stretches except for
structural foundation of building swimming pool shall not be permitted
within 500 metres of the High Tide Line;
24. ï¶The quality of treated effluents, solid wastes, emissions and noise levels,
etc. from the project area must conform to the standards laid down by the
competent authorities including the Central/State Pollution Control Board
and under the Environment (Protection) Act, 1986;
ï¶Necessary arrangements for the treatment of the effluents and solid
wastes must be made. It must be ensured that the untreated effluents and
solid wastes are not discharged into the water or on the beach; and no
effluent/solid waste shall be discharged on the beach;
ï¶To allow public access to the beach, at least a gap of 20 metres width
shall be provided between any two hotels/beach resorts; and in no case
shall gaps be less than 500 metres apart; and
ï¶If the project involves diversion of forest land for non-forest purposes,
clearance as required under the Forest (Conservation) Act, 1980 shall be
obtained. The requirements of other Central and State laws as applicable
to the project shall be met with.
ï¶Approval of the State/Union Territory Tourism Department shall be obtained.
25. REFERENCE : -
âą The Coastal Regulation Zone Notifications
MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests and Wildlife),NOTIFICATION I
New Delhi, the 19th February, 1991