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9
COASTAL REGULATION ZONES(CRZ) NOTIFICATIONS

Main notifications

Coastal Regulation Zone (CRZ) notifications 1991 and 2011

EPA s.3 - all such measures necessary and expedient for protecting
and improving the quality of the environment

Declaring limits of, and prohibitions in, coastal regulation zones -


regulation of permitted activities - classification of CRZs


CRZ Notification 2011

6th January 2011 - aims

a) Livelihood security to the fishermen and local communities


b) Conserve and protect unique environment of coastal stretches and
marine area
c) sustainable development on taking into account the dangers of natural
hazards and sea level rise due to global warming
d) restriction on the setting up and expansion of industries, operations or
processes

Lines for determining CRZs

For determining CRZs High Tide Line (HTL), highest water line reaching
land during the spring tide and Low Tide Line (LTL), lowest line

Hazard Line: a line demarcated by MoEF through the Survey of India


taking into account tides, waves, sea level rise and shoreline changes

Intertidal zone - Land area between HTL and Low Tide Line (LTL)


Tidal influenced water bodies

Bays, estuaries, rivers, creeks, backwaters, lagoons, ponds connected


to the sea or creeks with tidal effects from sea

determined on the basis of salinity concentration of 5 parts per


thousand (ppt) measured during the driest period of the year

to be clearly identified and demarcated in coastal zone management


plans (CZMPs)


Physical Limits and Extent CRZs

Land area of 500 meters calculated from HTL on the landward side
along the sea front or 100 mts or less from tidal influenced water
bodies

land area falling between the hazard line and 500 meters from
HTL on the landward side in case of seafront and the land occupying
between the hazard line and 100 meters in case of tidal influenced
water body are also CRZs.

Territorial sea, water and sea bed from the LTL to the outer limit of
twelve nautical miles

Water and the bed area between LTL at the bank to the LTL on the
opposite side of the bank of tidal influenced water bodies


Para 3 - Prohibitions and Exceptions within the Zones

3(i) Setting up of new industries and expansion of existing
industries prohibited
Exceptions
a. Those directly related to waterfront or needing foreshore facilities -
ports and harbors, jetties, quays, wharves, erosion control measures,
breakwaters, pipelines, lighthouses, navigational safety facilities, coastal
police stations
b. Projects of Department of Atomic Energy
c. Facilities for generating power by non-conventional energy sources and
desalination plants in the areas not classified as CRZ-I (i) based on
impact assessment study including social impacts
d. Development of green field airport at Navi Mumbai
e. Reconstruction and repair works of dwelling units of local communities in
accordance with local town and country planning regulations.


3(ii) Manufacture or handling oil storage or disposal of hazardous
substance prohibited
Exceptions

a. Transfer of hazardous substances from ships to ports, terminals and


refineries and vice versa can be permitted
b. Degasification of LNG in the areas not classified as CRZ-I (i) and
subject to implementation of safety regulations
c. Facilities for receipt and storage of petroleum products and LNG
subject to safety regulations
d. Receipt and storage of fertilizers and raw materials required
for manufacture of fertilizers such as ammonia, phosphoric acid,
sulphur, sulphuric acid and nitric acid only in the areas other than those
classified as CRZ 1
3(iii) Setting up and expansion of fish processing units including
warehousing Prohibited
exception
hatchery and natural fish drying in permitted areas

3(iv) Land reclamation, bunding or distributing the natural course
of seawater prohibited
Exceptions
a. Modernization or expansion of foreshore facilities like ports, harbors,
jetties , wharfs, quays, bridges, sealink, road on stilts and those meant
for defense and security purpose and for other facilities essential for
activities permissible under notification
b. Control of erosion and maintenance or clearing of waterways, channels
and ports with appropriate impact studies
c. measures for preventing sand bars, for installing tidal regulators, laying
storm water drains or constructing structures for prevention of salinity
ingress and freshwater recharge carried out by agency specified by
MoEF

3 (v) setting up and expansion of units for disposal of wastes and effluents
Prohibited
Exceptions
a. Discharging treated effluents into water course with approval of PCB
b. Storm water drains

c. Treatment of wastes etc from hotels



Prohibited

3 (vi) Discharge of untreated waste and effluents from

1. industries
2. cities or towns and
3. other human settlements

3 (vii) Dumping of city waste including construction debris, industrial


solid wastes and fly ash for land fill


3 (vii)Prohibited

Port and harbor projects in high eroding stretches of the


coast

Exception

Projects classified on scientific studies as strategic and


defense related in terms of EIA notification.


3(ix) Prohibited

Reclamation for commercial purposes such as shopping and


housing complexes, hotels and entertainment activities is forbidden


3(x) Mining of sand, rocks and other sub-strata materials in general prohibited
Exceptions

Mining those rare minerals, not available outside the CRZ

Exploration and exploitation of oil and natural gas


3(xi) drawl of groundwater in the areas affected by sea water intrusion.
Exceptions

Permitted within 200 meters of HTL for use of the local communities
inhabiting in the areas Permitted in the area between 200-500 meter
zone manually through ordinary wells for the purpose of drinking,
horticulture, agriculture and fisheries where no other source of water is
available.

water for drinking and domestic purposes

3(xii) Construction activities in an ecologically sensitive area


prohibited
Exceptions

Construction activities in an ecologically sensitive area or between HTL


and LTL as in CRZ-I (except those regulated and permitted as per
norms for various CRZs in para 8 of this notification)


Prohibited
3(xiii) Dressing or altering the sand dumes, hills etc for recreation and similar
purposes
3(xiv) Facilities required for patrolling and vigilance activities of marine/coastal
police stations ???????

Regulation of permissible activities in CRZ area and preparing
CZMPs

para. 4(i) regulated activities except those prohibited

Para. 4(II) - Developments needing MoEFCC clearance


Para. 4(2) Procedure for CRZ clearance of permissible
activities

Para.5 Preparation of CZMPs

Keep Time Schedule

Annexure 1 Follow the guidelines

Have complete transparency


para.4(i) All activities except those prohibited shall be regulated
a) Activities requiring waterfront and foreshore facilities with a clearance
mechanism.
b) Projects attracting CRZ notification and EIA notification
c) Housing schemes specified in the norms for regulation of permissible
activities under para. 8 of this notification
d) Construction in a larger area than a 20,000 sq mts built-up area in
CRZ-II with EIA and those below, with approval of state planning
authorities and CZMA

e) Projects specified by MoEF, which require public hearing of the affected


people
f) construction and operation for ports, harbors, jetties, wharfs, quays,
slipways, ship construction yards breakwaters, groynes, erosion control
measures

Para. 4(ii) - Developments needing MoEFCC clearance
a. any activities not listed EIA notification
b. constructions of department of atomic energy or defence requirements
c. ports, harbours and light-houses and for jetties, wharves, quays and
shipways, pipelines, conveying systems and transmission lines
d. oil and natural gas exploration and extraction - thermal power plants
e. housing schemes in CRZ as per norms specified
f. mining of rare minerals
g. specified activities/facilities in SEZ subject to one time approval
h. desalination plants, receipt and storage of petroleum and storage of
non-hazardous cargo such as edible oil, fertilisers and food grain within
notified ports in the zones other than CRZ I which consists of
ecologically sensitive and important areas;
i. demolition or reconstruction of buildings of archaeological or historical
importance, heritage buildings and buildings under public use

Para.4.2 Procedure for CRZ clearance of permissible activities
a) Project proponents make application, with the required documents like
EIA, disaster management and risk assessment repots, mapping of
project lay-out, maps of CRZ areas including other notified ecologically
sensitive areas and NOCs from pollution control authorities.
b) CZMA examines the documents in accordance with the approved
CZMPs and in compliance with CRZ notification and makes
recommendations within a stipulated of sixty days from the date of
receipt of complete application.
c) MoEFCC or SEIAA will examine projects for clearance within sixty days.

d) The clearance shall be valid for the period of five years from the date of
issue with a post-clearance monitoring and half-yearly compliance
reports displayed on the website.
e) The whole process is made transparent by imposing on the CZMA with
the responsibility to create a dedicated website.
f) There is post-clearing monitoring.

Para. 5. Preparation of CZMPs

Pivot of coastal management activities

Consult reputed and experienced scientific institutions or the agencies

State Government or Union preparing the draft for submission to MoEF

including the National Centre for Sustainable Coastal Management


(NCSCM)

Demarcate the hzard line through SOI


Para. 5. Keep Time Schedule

Public consultation be held within 24 months from the


day when the 2011 CRZ notification came into force.

The draft CZMP shall be submitted to the concerned CZMA


for appraisal, including appropriate consultations and
recommendations in accordance with the procedures laid
down by EPA.

CZMA submit the draft CZMPs to MoEF within six months


after incorporating the suggestions and objections

MoEF to consider and approve the CZMPs within four months


from the date of receipt of the CZMPs

All developmental activities as per approved CZMPs not


normally be revised before a period of five years

Revision of the maps to follow the above procedures.


Follow guidelines for CRZ classification and security of the coastal
people in preparing CZMP (ANNEXURE 1)

Draft CZMP containing essential details like contour mapping of the


coastline as well as mapping of hazard line

HTL and LTL are to be demarcated, banks of tidal influenced inland


water bodies determined

CRZ areas classified and buffer zones, for example, mangrove areas,
stipulated.

Include the occupational requirements and infrastructure facilities of the


fishing villages, their long term housing needs and provisions of basic
services including sanitation, safety, and disaster preparedness.

Water areas of CRZ IV shall be demarcated if the water area is sea,


lagoon, back water, creek, bay and estuary and fishing zones and fish
breeding areas are clearly marked

Cyclone shelters, rain shelters, helipads and other infrastructure


including road network may be clearly indicated for the purpose of
rescue and relief operations during tragedies like cyclones, storms and

tsunami.

Have complete transparency (ANNEXURE 1)

whole process is envisaged inasmuch as the draft CZMPs prepared shall


be given wide publicity for suggestions.

Public hearing on the draft CZMPs are held at district level and the
approved CZMP put up on the websites and hard copy made available in
the local bodys and the collectors office.


Para.6 Enforcement of the Notification

three-tier enforcement mechanism with stake holder participation

NCZMA as well as State and UT CZMAs primarily responsible for


enforcement and monitoring.

To help district level Committees chaired by the District Magistrate with


at least three representatives of local traditional coastal communities
including the fisher folk.

notification denotes the real concern for the people living in the coast -
CZSMAs regularize the dwelling units of traditional coastal communities
including fisher folk and tribal people

The units are not to be used for any commercial activity or sold or
transferred to non-traditional coastal community.

Other activities with investment exceeding five crores


not regulated by state under CRZ notification

Environmental clearance from the Ministry of Surface Transport needed


for the expansion or modernization of existing ports and harbors and for
reclamation, essential for ports and harbor operations.

Classified operational components of defense projects have a separate


procedure


Ppt 9 A

CRZ CLASSIFICATION AND REGULATION OF ACTIVITIES
(Paragraphs 7 & 8)
Coastal Regulation Zone I (CRZ I)

Areas of ecologically sensitive and geo-morphological


features that maintain the integrity of the coast

a) Mangroves - area of more than 1000 sq meters with a 50meter buffer,


b) Corals and coral reefs and associated biodiversity, sand
dunes , biologically active mudflats,
c) National and marine parks, sanctuaries, reserve forests,
wildlife habitats - protected areas u WLPA, FCA, or EPA
d) Biosphere Reserves, salt marshes, Turtle nesting grounds,
Horse shoe crabs habitats, Sea grass beds, Nesting grounds
of birds
e) Areas or structures of archaeological importance and
heritage sites

Area between Low Tide Line and High Tide Line


CRZ I -no construction, exceptions


a) projects of Department of Atomic Energy, pipelines,
conveying systems including transmission lines and facilities
essential for permissible activities in the zone and installation
of weather radar, construction of trans-harbor sea link

without affecting the tidal flow of water between LTL and


HTL.
b) In not so ecologically sensitive intertidal zones, permission
with necessary built-in safety measures
1. exploration and extraction of natural gas
2. constructions essential for traditional inhabitants living
within the bio-sphere reserves, developmental activities in the
area falling within the hazard zone
3. harvesting by solar evaporation of seawater, desalination
plants, storage of non-hazardous cargo
4. construction of roads on stilts or pillars without affecting the
tidal flow of water
5. dispensaries, schools, public rain shelter, community
toilets, bridges, roads, jetties, water supply, drainage,
sewerage. Approval from concerned CZMA is to be obtained.
a) green field airport already approved at Navin Mumbai

CRZ-II

Developed regions within municipal limits or in other legally


designated urban areas

substantially built-up with provisions for drainage, approach


roads and sewerage mains


Regulation in CRZ II

Buildings

a. only on the landward side of existing road or landward side


of existing authorized structures
b. reconstruction with no change in present use
c. no permission on landward side of any new roads
constructed on the seaward side of an existing road

MoEF stipulating ameliorative measures for environment

Facilities for receipt and storage of specified petroleum


products and liquefied natural gas, etc

fertilizer and raw materials for manufacture of fertilizers and


for re-gasification of liquefied natural gas

Facilities of desalination plants, storage of non-hazardous


cargo and generation of non-conventional power sources


CRZ- III

areas relatively undisturbed and not CRZ-I or II

coastal zones in the rural areas (developed and


undeveloped)

municipal areas or other legally designated urban areas not


substantially built up

no-development-zone (NDZ) of 200 meters landward from


HTL

In the case of a creek, NDZ of 100 meters along tidal


influenced water bodies or its width whichever is less


Activities in NDZ

NDZ not applied to notified port limits.

No construction except repairs existing authorized structure -


dwelling units of traditional coastal communities including
fisher folk in areas between 100 and 200 metres from the
HTL - traditional coastal communities including fisher folk to
be consulted

Necessary disaster management provision and sanitation


recommended permitted with sufficient safeguards.

agriculture, horticulture, parks, and forestry, liquefied


natural gas, non-conventional energy, desalination plants
and weather radars.

Construction of dispensaries, schools, public rain


shelter, community toilets, bridges, roads and the
provision for water supply, drainage, sewerage and electric
sub-station permitted on a case to case basis by CZMA.

Construction of units for domestic sewage, treatment and


disposal with prior approval of pollution control board

fish drying yards, auction halls, net mending yards, traditional


boat building yards, ice plant, ice crushing units, fish curing
facilities

Projects of Department of Atomic Energy, Mining of rare


minerals


Activities between 200 and 500 meters

tourism activities and development of vacant plot in


designated areas for construction of hotels or beach
resorts for tourists or visitors subject to the specified
conditions and guidelines

Help residents of the locality such as construction or


reconstruction of traditional dwelling units in existing
fishing villages and goathans .

public rain shelters, community toilets, water supply


drainage, sewerage, roads and bridges.

CZMA can permit construction of schools and dispensaries in


the panchayats coming within CRZ if no other area is
available for the purpose the area on special circumstances.

storage of petroleum products, liquefied natural gas, nonhazardous cargo such as edible oil, fertilizers, food grain in
notified ports, re-gasification of liquefied natural gas,
generation of non-conventional energy sources and
construction of desalination plants for local inhabitants.

green field airport at Navi Mumbai


CRZ IV

Water area from the LTL to twelve nautical miles on the


seaward side

water area of a tidal influenced water body from its mouth at


the sea and inwards into the water body up to the influence
of tide which is measured as five parts per thousand during
the driest season of the year.

Regulation in CRZ IV

Activities impugning on sea and tidal influenced water bodies

no restriction on the traditional fishing and allied activities


undertaken by local communities.

Prohibition of dumping untreated sewage, effluents, ballast


water, ship washes, fly ash or solid waste from all activities
including from aquaculture operations.

A comprehensive plan for treatment of sewage


generating from the coastal towns and cities shall be
formulated within a period of one year in consultation with
stakeholders including traditional coastal communities,
traditional fisher folk and implemented.

Pollution from oil and gas exploration and drilling, mining,


boat house and shipping shall be regulated.


CRZ in Kerala

Kerala a unique system - several backwaters and backwater


islands limited land space

All islands in backwaters - CRZ area 50 meter from the HTL


on the landward side

existing dwelling units of local communities may be repaired


but no new construction

Foreshore facilities for fishing and fisheries allied activities


allowed

local communities may construct dwelling units beyond 50


meter limits on landward side with the permission of
panchayat

fishing jetty, fish drying yards, net mending yard, fishing


processing by traditional methods, boat building yards, ice
plant, boat repairs and the like, may be taken up

Critically Vulnerable Coastal Areas (CVCA)

ecologically sensitive areas such as the Sunderbans


mangrove area and other identified ecologically important
areas shall be managed as CVCA for promoting
conservation and sustainable use of coastal resources and
habitats

consulting local fisher and other communities inhabiting


therein who depend on its resources for their livelihood - their
involvement in the management of CVCA

process shall be detailed in the guidelines which will be


developed and notified by MoEF in consultation with the
stakeholders.

Integrated Management Plans prepared for such CVCA


keeping in view of the conservation and management of
mangroves

plans take into account needs of local communities such as


dispensaries, schools, public rain shelter, community toilets,
bridges, roads, jetties, water supply, drainage, sewerage,
and the impact of sea level rise and other natural disasters.

Till IMPs are prepared these construction for these


requirements shall be permitted on a case to case basis by
CZMA.

Gulf of Khambat and Gulf of Kutchchh in Gujarat, Malvan,


Achra-Ratnagiri in Maharashtra, Karwar and Coondapur in
Karnataka, Vembanad in Kerala, Gulf of Mannar in Tamil
Nadu, Bhaitarkanika in Orissa, Coringa, East Godavari and
Krishna in Andhra Pradesh,

Ppt 10

BEACH RESORTS AND HOTELS

only in designated areas of CRZ-II and CRZ-III - not within


200 meters from HTL and within the intertidal zones

beyond hazard line or 200 mts from the HTL, whichever is


more

not in NDZ but plot in NDZ taken for FSI calculation -


consistent with surrounding landscape and local architectural
style

height to the ridge up to nine meters and only two floors

basement with certificate from State Ground Water Authority


certifying no-adverse-effect-on-groundwater-free-flow

Not in ESAs (coral reefs, breeding and spawning grounds,


wildlife habitats, marine parks, mangroves or other areas
notified)

Where FCA apllies, with prior sanction



Tapping of groundwater

not to be tapped within 200 mts of HTL

tapped within 200-500 mtr zone only with the concurrence


of the Central or State Ground Water Board


Digging sand

permission to extract sand or to level or dig sandy stretches


within 500 meters of HTL

only for structural foundation of building or swimming pool


Safeguards for public

Live and barbed wire fencing with vegetative cover around


private properties but not to hamper public access to the
beach

no flattening of sand dunes or permanent structure for


sports facilities except goal posts, net posts and lamp posts

for public access at least a gap 20 mts width between two


hotels

in no case gaps be less than 500 mts apart


Beach resorts: effluent treatment

Treated effluents, solid wastes, emissions and noise levels


from the project area

must conform to the standards laid down by the competent


authorities

necessary arrangements for the treatment of the effluents


and solid wastes

Ensure not to discharge solid wastes and untreated effluents


into water or on beach


Courts on CRZ
Aquaculture

extensive, semi-intensive and intensive shrimp farming

an eye on export and on more profits

agricultural lands, salt pan lands, mangroves, wetlands,


forest lands, lands for village common purpose and lands
meant for public purposes shall not be used for construction
of shrimp farming

sustainable development.

S Jagannath v Union of India (1997) 2 SCC 87


Delay in preparing CZMPs

Few states followed the mandate to prepare CZMPs(1991)

but court directing to do so immediately

- Indian Council for Enviro-Legal Action v Union of

India, 1996 (5) SCC 281



On-going projects in CRZ

Observation in Indian Council for Enviro-Legal Action till the


approval of CZMPs development activities within CRZ shall
not violate CRZ notification . creating trouble

a ground to okay the on-going developments in the


presently prohibited zone of NDZ between 50 meters and
100 meters

- Goan Real Estate Construction Ltd. v Union of India

(2010) 5 SCC 388



Ancient pathways to the beach

No obstruction to the old ancient pathway to the coast

Extending the facilities of a private hote

Government aquiring land

- Fomento Resorts v Minguel Martins , (2009 ) 3 SCC 571

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