1.
What is CRZ? Is it an Act or Rule or Regulation? What is the effect?
It is a
notification issued under the Environment
(Protection) Act, 1986 and has got all the effects of the law.
Therefore, the CRZ Notification is a law and everyone is bound by it. The first
notification was issued on 1991 which was replaced by 2011 notification and again replaced
by another notification on 2019.
2.
Whether the CRZ notification applies to all rivers in the country?
No. CRZ
applies only to those water bodies which are affected by tidal action. Mere
pushing of freshwater by tidal effect is not sufficient. The salinity in the
said water body must be above 10 ppt (parts per thousand). All the states have
prepared Coastal Zone Management Plans identifying and classifying the
areas into different categories.
3. How
is it possible to ascertain whether one's property is affected by CRZ
regulations?
The State has
prepared a Coastal Zone Management Plan (CZMP) identifying and classifying the
coastal areas of the state. The said Plan prepared in December 1995 identifies
the CRZ areas in the state. On the basis of the new CRZ Notification, 2011 new
Coastal Zone Management Plans are approved. The CRZ status of the property can
be ascertained from the said new CZMP’s. It is available in the web site
of the concerned States Coastal Zone Management Authority.
4.
What should be done to change the categories in the approved CZMP? If the CZMP
does not show the real status of the property application has to be made to
the State Coastal Zone Management Authority. Supporting reasons has to be
shown to revise it. In case the
State CZMA do not do can approach the National Coastal Zone Management
Authority. |
5. To
what distance the CRZ applies? Whether any relaxations are given in 2019
notification?
From the sea,
a distance of 500 meters from High Tide Level is CRZ areas. For rivers, creeks
and backwaters the distance of prohibition is 100 meters or the width of the
river whichever is less. For backwater islands, it has been reduced to 50
metres in the new CRZ Notification, 2011. Some more relaxations have been given
in the CRZ, 2019 notification. For getting the benefit of the same the new CZMP
has to be prepared and get it approved. Till such time the CZMP prepared as per
2011 notification will prevail.
6.
What steps should be taken to make constructions in coastal regulation zones?
In CRZ-III
areas construction is possible on the land between 200 meters and 500 metres,
subject to certain conditions. For that one has to make applications to the
concerned Coastal Zone Management Authority who will consider the application
and grant necessary sanction if it is in accordance with the law. The
application has to be forwarded through the concerned Panchayat/Municipal office.
7.
Does the Coastal Zone Management Authority have the power to grant an exemption
to any activity?
NO. Granting
of exemption from the purview of CRZ laws is not permitted. The Government of
India amended the notification in 1994 empowering them to grant exemption from
CRZ on case to case basis. But it struck down by the Supreme Court of India for
the reason that such granting of power to them is arbitrary and struck down the
provision as unconstitutional. Therefore, it is not possible to grant an exemption
to any person from the applicability of the law.
8. To
what construction the CRZ applies?
CRZ applies to
all constructions made after 19th February 1991. For making constructions all
the coastal areas are classified into different categories. The eco-sensitive
areas are classified as CRZ-I, where no construction is possible. The developed coastal areas are
classified as CRZ-II wherein constructions are possible on the landward side of
existing structures. The remaining areas come under CRZ-III wherein no
construction is possible on CRZ areas. But the existing buildings can be
re-constructed without changing the architectural character and subject to
conditions.
9. How
can one get it changed the CRZ status of the property?
One can make
an application for the revision of the CRZ status to the concerned State
Coastal Zone Management Authority. Now a new CZMP is under preparation as per
2019 notification. Thereafter it will be displayed for public comments. At that
time also one can object to the change in the CRZ status of the property.
10. Whether the Coastal Zone Management
Plan is prepared by the Government of Kerala as per the CRZ Notification, 2019.
The draft CZMP is prepared and objections from the public is called for. Thereafter it will be altered whenever necessary and will be sent to Ministry of Environment, Forests and Climate Change who will have to approve it. Then only the benefits of CRZ, 2019 will get.
11. What are the changes made in the CRZ Notification, 2019.
Changes in FSI - Allowing FSI as per current norms in CRZ areas: As per CRZ,
2011 Notification, for CRZ-II (Urban) areas, Floor Space Index (FSI) or the
Floor Area Ratio (FAR) had been frozen as per 1991 Development Control
Regulation (DCR) levels. In the CRZ, 2018 Notification, it has been decided to
de-freeze the same and permit FSI for construction projects, as prevailing on
the date of the new Notification. This will enable redevelopment of these areas
to meet the emerging needs.
Under developed areas are classified into two : Densely populated rural areas to be
afforded greater opportunity for development: For CRZ-III (Rural) areas, two
separate categories have now been stipulated as below:
(a) CRZ-III A - These are densely populated
rural areas with a population density of 2161 per square kilometre as per 2011
Census. Such areas shall have a No Development Zone (NDZ) of 50 meters from the
HTL as against 200 meters from the High Tide Line stipulated in the CRZ
Notification, 2011 since such areas have similar characteristics as urban
areas.
(b) CRZ-III B - Rural areas with population
density of below 2161 per square kilometre as per 2011 Census. Such areas shall
continue to have an NDZ of 200 meters from the HTL.
Relaxation for Tourism. Tourism infrastructure for basic amenities to be promoted:
Temporary tourism facilities such as shacks, toilet blocks, change rooms,
drinking water facilities etc. have now been permitted in Beaches. Such
temporary tourism facilities are also now permissible in the "No
Development Zone" (NDZ) of the CRZ-III areas as per the Notification.
However, a minimum distance of 10 m from HTL should be maintained for setting
up of such facilities.
CRZ Clearances streamlined: The procedure for CRZ clearances has
been streamlined. Only such projects/activities, which are located in the CRZ-I
(Ecologically Sensitive Areas) and CRZ IV (area covered between Low Tide Line
and 12 Nautical Miles seaward) shall be dealt with for CRZ clearance by the
Ministry of Environment, Forest and Climate Change. The powers for clearances
with respect to CRZ-II and III have been delegated at the State level with
necessary guidance.
Islands- A No Development Zone (NDZ) of 20 meters has been stipulated
for all Islands: For islands close to the main land coast and for all Backwater
Islands in the main land, in wake of space limitations and unique geography of
such regions, bringing uniformity in treatment of such regions, NDZ of 20 m has
been stipulated.
Ecologically sensitive areas. All Ecologically Sensitive Areas have
been accorded special importance: Specific guidelines related to their
conservation and management plans have been drawn up as a part of the CRZ
Notification.
Pollution abatement has been accorded special focus: In order to address
pollution in Coastal areas treatment facilities have been made permissible
activities in CRZ-I B area subject to necessary safeguards.
Defence and
strategic projects have been accorded necessary dispensation.
(For private
Mangrove areas no buffer zone of 50 metres is required.
The new
notification will make it possible to use the coast in a sustainable manner.
11. Will the Coastal Regulation Zone Notification, 2019
regularize the buildings constructed in violation of the Coastal Regulation
Zone Notification, 1991 and 2011?
No. But the Central Government is empowered
to issue appropriate direction under Sec.5 of the Environment (Protection) Act,
1986, to regularise the same taking into consideration the precautionary
principles and polluter pays principle. The CZMP’s of many states are not
prepared property in many states. Several defects in it has not been rectified.
Even the other local authorities could not identify the CRZ areas. The same has
caused to make huge constructions in violation of the CRZ.
THE ABOVE ANSWERS ARE ONLY SUGGESTIONS AND THE READERS ARE
REQUESTED TO READ THE FULL TEXT OF THE NOTIFICATION
Page prepared by Adv.P.B.SAHASRANAMAN
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efforts have been made to make this information as accurate as possible, elaw.in
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Last Update
: 20 May 2013
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