Coastal Regulation Zone

WHY IN NEWS?

Four apartment buildings in Maradu, Kochi were demolished recently on order of the Supreme Court as they were constructed in violation of Coastal Regulation Zone (CRZ) norms.

WHAT IS COASTAL REGULATION ZONE (CRZ)?

• The Ministry  of  Environment  and  Forests  had  issued  the  Coastal  Regulation  Zone  (CRZ)  Notification  on  19.2.1991  under  the  Environment  (Protection)  Act,  1986,  with  the  aim  to  provide  comprehensive  measures  for  the  protection  and  conservation of our coastal environment.
• Coastal Stretches of creeks, bays, seas, rivers and backwaters that are affected by the tidal actions of up to 500 metres from the High Tide Line and the land between the Low Tide Line and the High Tide line are Coastal Regulation Zones (CRZ).
• This was when the Government of India notified Coastal Regulation Zones (CRZ) for the first time. As per the notification, coastal areas have been classified into four categories as CRZ-I, CRZ-II, CRZ-III and CRZ-IV.
• The main objectives of the Coastal Regulation Zone Notification are:
  • To ensure livelihood security to the fishing communities and other local communities living in the coastal areas;
  • To conserve and protect coastal stretches and;
  • To promote development  in  a  sustainable  manner  based  on  scientific principles, taking into account the dangers of natural hazards in the coastal areas and sea level rise due to global warming.

HISTORY OF CRZ

• First notified in 1991, the CRZ regulations have been amended multiple times.
• In fact, over the last 27 years, the notification has been iterated twice and modified 34 times (considering the requests made by state governments, central ministries and NGOs, besides many orders were issued by MoEFCC clarifying certain issues), making it the most amended law in the history of India.
• The iterations were notified in 2011 and subsequently in 2018, superseding the previous notifications.

CLASSIFICATION:

• For regulating development activities, the coastal stretches within 500 metres of High Tide Line on the landward side are classified into four categories (1991 notification), namely:
  • Category-I (CRZ I)
    • Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared by the Central Government or the concerned authorities at the State/Union Territory level from time to time.
    • Area between the Low Tide Line and the High Tide Line.
  • Category-II (CRZ-II) - The areas that have already been developed upto or close to the shore-line. For this purpose, "developed area" is referred to as that area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.
  • Category-III (CRZ-III) - Areas that are relatively undisturbed and those which do not belong to either Category-I or II. These will 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. The area upto 200 metres from the HTL is to be earmarked as 'No Development Zone'.
  • Category-IV (CRZ-IV) - Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III.
• The classification has also undergone changes in the subsequent notifications – 2011 and 2018.

2011 Notification

• The change made in 2011 CRZ notification was the inclusion of CRZ-IV, which includes water areas up to the territorial waters and the tidal influenced water bodies.
• A separate draft Island Protection Zone Notification was issued for protection of the islands of Andaman & Nicobar and Lakshadweep
  

2018 Notification

• The 2018 notification further amended the classification and introduced subcategories within CRZ I, III and IV.
  • CRZ-I areas are environmentally most critical and are further classified as under:
    • CRZ-I A shall  constitute designated  ecologically  sensitive  areas  (ESAs)  and  the  geo-morphological features which play a role in maintaining the integrity of the coast.
    • The  intertidal  zone  i.e.  the  area  between  Low  Tide  Line  and  High  Tide  Line  shall  constitute the CRZ-I B.
  • CRZ-III: Land areas that are relatively undisturbed (viz. rural areas, etc.) and those which do not fall under CRZ-II, shall constitute CRZ–III, and CRZ-III shall be further classified into following categories:
    • CRZ-III A: Such densely populated CRZ-III areas, where the population density is more than 2161/sq km base, shall be designated as CRZ–III A and in CRZ-III A, area up to 50  meters  from  the  HTL  on  the  landward  side  shall  be  earmarked  as  the  ‘No  Development  Zone (NDZ)’, provided the CZMP as per this notification, framed with due consultative process, have been approved, failing which, a NDZ of 200 meters shall continue to apply.
    • CRZ-III B: All other CRZ-III areas with population density of less than 2161/sq km, shall be designated as CRZ-III B and in CRZ-III B, the area up to 200 meters from the HTL on the landward side shall be earmarked as the ‘No Development Zone (NDZ)’.
    • Land  area  up  to  50  meters  from  the  HTL,  or  width of  the  creek  whichever  is  less,  along  the  tidal influenced water bodies in the CRZ III, shall also be earmarked as the NDZ in CRZ III.
  • The CRZ- IV shall constitute the water area and shall be further classified as under:
    • CRZ- IVA: The water area and the sea bed area between the Low Tide Line up to twelve nautical miles on the seaward side shall constitute CRZ-IV A.  
    • CRZ- IVB: CRZ-IV B areas shall include the water area and the bed area between LTL at the bank of the tidal influenced water body to the LTL on the opposite side of the bank, extending from the mouth of the water body at the sea up to the influence of tide, i.e., salinity of five parts per thousand (ppt) during the driest season of the year.
• Under the new notification, an NDZ of 20 metres has been stipulated for all Islands.

• The notification also has streamlined the process of CRZ clearances and only projects located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area covered between Low Tide Line and 12 nautical miles seaward) will now be dealt by the Union Environment Ministry for clearance.
• The powers for clearances with respect to CRZ-II (areas that have been developed up to or close to the shoreline) and CRZ-III (areas that are relatively undisturbed) have been delegated to the state governments.

ACTIVITIES IN CRZ

• Prohibited activities – Activities such as setting up of new industries and expansion of existing industries, operations or processes; manufacture or handling of oil, storage or disposal of hazardous substances; setting up of new fish processing units etc. are prohibited, in general, within the  entire  CRZ.
• Exceptions to  these  and  other  permissible  and  regulated  activities  in  specific CRZ categories viz. CRZ-I, II, III and IV, have been provided separately.
• The 2018 notification permits temporary tourism facilities such as shacks, toilet blocks, changing rooms, drinking water facilities etc. on beaches within 10 metres of the waterline, making the state and even the town planning authorities empowered to grant permission.
• Temporary tourism facilities are now permitted in NDZ of the CRZ-III areas.
• After classifying ecologically sensitive areas under CRZ-I A, activities such as mangrove walks, tree huts, nature trails, etc, were exempted in the name of ecotourism as tourism facilities.
• In the mangrove buffer, laying of pipelines, transmission lines, construction of road on stilts, etc, that are required for public utilities are permitted.

 NEED FOR COASTAL REGULATION:

• The coastal zone is a transition area between marine and territorial zones.
• It includes shore ecosystems, wetland ecosystems, mangrove ecosystems, mudflat ecosystems, sea grass ecosystems, salt marsh ecosystems and seaweed ecosystems.
• It is assessed that about 4,800 billion tonnes domestic waste and 65 million tonnes solid waste are dumped annually in the sea.
• Due to continuous onslaught on the coastal areas, the extent of mangroves, coral reefs and fish breeding gets diminished adversely impacting the livelihood of 200 million people who live along the 7,517 kilometer-long coastline of our country.

DILUTION OF CRZ NORMS:

• The government is of the view that the CRZ notification 2018 will lead to enhanced activities in the coastal regions thereby promoting economic growth while also respecting the conservation principles of coastal regions.
• However, environmentalists are concerned about systematic dilution of CRZ norms over the years.
• CRZ I
  • As per the 2011 notification CRZ-1 includes the most ecologically sensitive areas like mangroves, coral reefs and sand dunes, and intertidal zones. It was off-limits for tourism activities and infrastructure development, except for defence, strategic and rare public utility projects.
  • The latest notification further categorizes CRZ-1. It allows “eco-tourism activities such as mangrove walks, tree huts, nature trails etc.” in eco-sensitive areas, demarcated as CRZ-IA. Sea links, salt harvesting and desalination plants and roads on stilts are also allowed in CRZ-IA. The controversial land reclamation, in which new land is created from oceans or lake beds and is known to have strong impacts on coastal ecology, has been allowed in intertidal or CRZ-IB areas, for ports and sea links.
• CRZ-II
  • In a substantially built-up area, project developers can now increase the floor area ratio or floor space index, and build resorts and other tourism facilities. A large part of South Mumbai falls in this category.
• CRZ III
  • Under earlier notifications, hotels and beach resorts were also allowed in CRZ-III, or relatively undisturbed areas that do not fall under CRZ-I or II. But their construction was prohibited in no development zone (NDZ) of CRZ-III, which extends landwards up to 200 m from HTL. The latest notification drastically shrinks NDZ to 50 m from HDL in densely populated areas (where population exceeds 2,161 per sq km as per the 2011 Census). This technically allows resorts, hotels and tourism facilities to be built right up to HTL.
• CRZ-IV
  • CRZ IV, which includes the shallow belt of coastal waters extending up to 12 nautical miles, is not only a crucial fishing zone for small fishers but also bears the maximum brunt of waste from offshore activities, such as oil exploration, mining and shipping. The 2011 notification had thus laid importance on regulation of pollution from such offshore activities. Instead of strengthening the regulation, the 2018 notification allows land reclamation for setting up ports, harbours and roads; facilities for discharging treated effluents; transfer of hazardous substances; and construction of memorials or monuments.

IMPORTANT CASES

1. 1. Maradu Apartment Complexes, Kerala
      • On September 19, 2006, the panchayat, without obtaining the mandatory permission from the Kerala State Coastal Zone Management Authority (KSCZMA), issued building permits to four companies to construct five apartment complexes. People began to occupy flats in 2010.
      • KSCZMA is the empowered authority to deal with environmental issues related to the CRZ. It found that the construction was taking place in critically vulnerable coastal areas, which come under CRZ-III.
      • Following long process of litigation, the Supreme Court ordered demolition of the flats in May 2019, which was finally accomplished in January 2020.
   2. Alexio Arnolfo Pereira v. State of Goa
      •  In 2013, the State of Goa passed the ‘Tourism Policy for construction of temporary seasonal structures, beach shacks, huts and others 2013-2016’, which is commonly known as the ‘Shack Policy’. This policy was challenged by Alexio Arnolfo Pereira, a resident of Goa, as being contrary to the provisions of the CRZ Notification of 2011. Pereira stated:
        • The CRZ Notification empowers the Goa Coastal Zone Management Authority (GCZMA) to regulate activities in the CRZ areas.
        • He also argued that the Tourism Department of Goa, under the guise of the Shack Policy, was usurping the regulatory powers of the Goa Coastal Zonal Management Authority (GCZMA) by granting permission for shacks/huts on the beaches for tourism purposes.

WAY FORWARD:

• Enact a coastal zone protection act: If the regulations listed in the CRZ Notification are implemented properly, the coastal zones can be safeguarded against encroachments. However, since it is only a notification without any punitive measures, it could not be enforced strictly. Enacting a legislation on coastal protection can improve implementation and streamline processes.

• Avoid dilution of CRZ norms: Even the Comptroller and Auditor General (CAG) of India pointed out that the frequent amendments, made to the notification, have paved way for commercial and industrial expansion in coastal areas, while natural disasters have become more frequent causing severe loss to human lives and property. The government may consider revoking the diluted norms in the recent notification.
• Finalization of Coastal Zone Management Plans (CZMP) by all states: CZMPs should be prepared after exhaustive consultations with all the stakeholders and should give prime importance to coastal conservation being facilitative of sustainable development. Involvement of coastal communities, especially fishermen, is of utmost importance.
• More teeth to Coastal Zone Management Authorities: CZMAs including NCZMA be entrusted with more powers to implement CZMPs and punish violators appropriately.
• Integrated approach: The CZMPs of the coastal states should be in harmony and the different authorities should engage amongst themselves to harmonize various conservation measures. A Central act can serve as the blueprint for integrated development of coastal areas across the country.

Practice Question

Q. Has the Coastal Regulation Zone notification, 2018 diluted the provisions of coastal protection in favour of developmental activities? Critically evaluate