MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests and Wildlife)
NOTIFICATION UNDER SECTION 3(1) AND SECTION 3(2)(v) OF THE ENVIRONMENT (PROTECTION) ACT, 1986 AND RULE 5(3)(d) OF THE ENVIRONMENT (PROTECTION) RULES, 1986 DECLARING COASTAL STRETCHES AS COASTAL REGULATION ZONE (CRZ) AND REGULATING ACTIVITIES IN THE CRZ.
New Delhi, the 19th February, 1991
(as amended up to 3rd October 2001)
S.O.114 (E). - Whereas a Notification under Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act, 1986, inviting objections against the declaration of Coastal Stretches as Coastal Regulation Zone (CRZ) and imposing restrictions on industries, operations and processes in the CRZ was published vide S.O. No.944 (E) dated 15th December, 1990.
And whereas all objections received have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by Clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and all other powers vesting in its behalf, the Central Government hereby declares the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL as Coastal Regulation Zone; and imposes with effect from the date of this Notification, the following restrictions on the setting up and expansion of industries, operations or processes, etc. in the said Coastal Regulation Zone (CRZ). For the purposes of this notification, the High Tide Line means the line on the land upto which the highest water line reaches during the spring tide. The High Tide Line shall be demarcated uniformly in all parts of the country by the demarcating authority or authorities so authorised by the Central Government, in accordance with the general guidelines issued in this regard.1,6.
Note: -The distance from the High Tide Line shall1 apply to both sides1 in the case of rivers, creeks and back waters and may be modified on a case by case basis for reasons to be recorded while preparing the Coastal Zone Management Plans.However, this distance shall not be less than 50* (*This provision has been struck down by the Supreme Court ) 100 metres or the width of the creek, river or backwater whichever is less.
The distance upto which development along rivers, creeks and back-waters is to be regulated shall be governed by the distance upto which the tidal effect of sea is experienced in rivers, creeks or back-waters, as the case may be, and should be clearly identified in the Coastal Zone Management Plans.1
The following activities are declared as prohibited within the Coastal Regulation Zone, namely:
(i)setting up ofnew industries and expansion of existing industries, except (a)10 those directly related to water front or directly needing foreshore facilities and (b) Projects of Department of Atomic Energy;10
(ii)manufacture or handling or storage or disposal of hazardous substances as specified in the Notifications of the Government of India in the Ministry of Environment and Forests No. S.O. 594(E) dated 28th July 1989, S.O. 966(E) dated 27th November, 1989 and GSR 1037(E) dated 5th December, 1989; except transfer of hazardous substances from ships to ports, terminals and refineries and vice versa in the port areas:3
Provided that,facilities for receipt and storage of petroleum products and Liquefied Natural Gas as specified in Annexure-III appended to this notification and facilities for regasification of Liquefied Natural Gas, may be permitted within the said Zone in areas not classified as CRZ-I (i), subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Government of India, Ministry of Petroleum and Natural Gas and guidelines issued by the Ministry of Environment and Forests and subject to such further terms and conditions for implementation of ameliorative and restorative measures in relation to the environment as may be stipulated by the Government of India in the Ministry of Environment and Forests
(iii)Setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying in permitted areas);
Provided that existing fish processing units for modernisation purposes may utilise twenty five per cent additional plinth area required for additional equipment and pollution control measures only subject to existing Floor Space index/ Floor Area Ratio norms and subject to the condition that the additional plinth area shall not be towards seaward side of existing unit and also subject to the approval of State Pollution Control Board or Pollution Control Committee.
(iv)setting up and expansion of units/mechanism for disposal of waste and effluents, except facilities required for discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974; and except for storm water drains;
(v)discharge of untreated wastes and effluents from industries, cities or towns and other human settlements.Schemes shall be implemented by the concerned authorities for phasing out the existing practices, if any, within a reasonable time period not exceeding three years from the date of this notification;
(vi)dumping of city or town waste for the purposes of landfilling or otherwise; the existing practice, if any, shall be phased out within a reasonable time not exceeding three years from the date of this Notification;
(vii)dumping of ash or any wastes from thermal power stations;
(viii)Land reclamation, bunding or disturbing the natural course of sea water except those required for construction or modernisation or expansion of ports, harbours, jetties, wharves, quays, slipways, bridges and sea-links and for other facilities that are essential for activities permissible under the notification or for control of coastal erosion and maintenance or clearing of water ways, channels and ports or for prevention of sandbars or for tidal regulators, storm water drains or for structures for prevention of salinity ingress and sweet water recharge:
provided that reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities shall not be permissible;
(ix)Mining of sands, rocks and other substrata materials, except (a) those rare minerals not available outside the CRZ areas and (b) exploration and extraction of Oil and Natural Gas
Provided that in the Union Territory of the Andaman and Nicobar islands, mining of sands may be permitted by the Committee which shall be constituted by the Lieutenant Governor of the Andaman and Nicobar Islands consisting of Chief Secretary; Secretary, Department of Environment; Secretary, Department of Water Resources; and Secretary, Public Works Department. The said Committee may permit mining of sand from non-degraded areas for construction purposes from selected sites, in a regulated manner on a case to case basis, for a period upto the 30th day of September, 2002.The quantity of sand mined shall not exceed the essential requirements for completion of construction works including dwelling units, shops in respect of half yearly requirements of 2001-2002 and 2002-2003 annual plans.The permission for mining of sand may be given on the basis of a mining plan from such sites and in such quantity which shall not have adverse impacts on the environment.
(x)harvesting or drawal of ground water and construction of mechanisms therefor within 200 m of HTL; in the 200m to 500m zone it shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries;
Provided that drawal of ground water is permitted, where no other source of water is available and when done manually through ordinary wells or hand pumps, for drinking and domestic purposes, in the zone between 50 to 200 m from High Tide Line in case of seas, bays and estuaries and within 200 m or the CRZ, whichever is less, from High Tide Line in case of rivers, creeks and backwaters subject to such restrictions as may be deemed necessary, in areas affected by sea water intrusion, that may be imposed by an authority designated by State Government/Union Territory Administration.
(xi)construction activities in CRZ -I except as specified in Annexure -I of this notification;
(xii)any construction activity between the Low Tide Line and High Tide Line except facilities for carrying treated effluents and waste water discharges into the sea, facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines and facilities essential for activities permitted under this Notification; and
(xiii)dressing or altering of sand dunes, hills, natural features including landscape changes for beautification, recreational and other such purpose, except as permissible under this Notification.
3.Regulation of Permissible Activities:
All other activities, except those prohibited in para 2 above, will be regulated as under:
(1)Clearance shall be given for any activity within the Coastal Regulation Zone only if it requires water front and foreshore facilities.
(2)The following activities will require environmental clearance from the Ministry of Environment and Forests, Government of India, namely:
(i)Construction activities related to projects of Department of Atomic Energy or Defence requirements for which foreshore facilities are essential such as. slipways, jetties, wharves, quays; except for classified operational component of defence projects for which a separate procedure shall be followed.(Residential buildings, office buildings, hospital complexes, workshops shall not come within the definition of operational requirements except in very special cases and hence shall not normally be permitted in the CRZ;
(ii)Operational constructions for ports and harbours and light houses and constructions for activities such as jetties, wharves, quays and slipways, pipelines, conveying systems including transmission lines;
(ii) aExploration and extraction of oil and natural gas and all associated activities and facilities thereto;
(iii)Thermal Power Plants (only foreshore facilities for transport of raw materials facilities for intake of cooling water and outfall for discharge of treated waste water/cooling water); and
(iv)All other activities with investment exceeding rupees five crores except those activities which are to be regulated by the concerned authorities at the State/Union Territory level in accordance with the provisions of paragraph 6, sub-paragraph (2) of Annexure 1 of the notification.
(3) (i)The Coastal States and Union Territory Administrations shall prepare, within a period of one year from the date of this Notification, Coastal Zone Management Plans identifying and classifying the CRZ areas within their respective territories in accordance with the guidelines given in Annexures I and II of the Notification and obtain approval (with or without modifications) of the Central Government in the Ministry of Environment & Forests;
(ii)Within the framework of such approved plans, all development and activities within the CRZ other than those covered in para 2 and para 3(2) above shall be regulated by the State Government, Union Territory Administration or the local authority as the case may be in accordance with the guidelines given in Annexure-I and II of the Notification; and
(iii)In the interim period till the Coastal Zone management Plans mentioned in para 3(3) (i) above are prepared and approved, all developments and activities within the CRZ shall not violate the provisions of this Notification.State Governments and Union Territory Administrations shall ensure adherence to these regulations and violations, if any, shall be subject to the provisions of the Environment (Protection) Act, 1986.
4.Procedure for monitoring and enforcement:
The Ministry of Environment & Forests and the Government of State or Union Territory and such other authorities at the State or Union Territory levels, as may be designated for this purpose, shall be responsible for monitoring and enforcement of the provisions of this notification within their respective jurisdictions.
ANNEXURE - I
COASTAL AREA CLASSIFICATION AND DEVELOPMENT
Classification of Coastal Regulation Zone:
6(1)For regulating development activities, the coastal stretches within 500 metres of High Tide Line on the landward side are classified into four categories, namely:
Category I (CRZ-I):
(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.
(ii)Area between Low Tide Line and the high Tide Line.
The areas that have already been developed upto or close to the shoreline.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.
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.
Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III.
Norms for Regulation of Activities.
6(2)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:
No new construction shall be permitted in CRZ- I except (a) Projects relating to Department of Atomic Energy and (b) Pipelines, conveying systems including transmission lines and (c) facilities that are essential for activities permissible under CRZ-I.Between the LTL and the HTL, activities as specified under paragraph 2 (xii) may be permitted. In addition, between LTL and HTL in areas which are not ecologically sensitive and important, the following may be permitted: (a) Exploration and extraction of Oil and Natural Gas, (b) activities as specified under proviso of sub-paragraph (ii) of paragraph 2, and (c) Construction of dispensaries, schools, public rain shelters, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants of the Sunderbans Bio-sphere reserve area, West Bengal, on a case to case basis, by the West Bengal State Coastal Zone Management Authority
(i)Buildings shall be permitted only on the landward side of the existing road (or roads approved in the Coastal Zone Management Plan of the area) or on the landward side of existing authorised structures.Buildings permitted on the landward side of the existing and proposed roads/existing authorised structures shall be subject to the existing local Town and Country Planning Regulations including the existing norms of Floor Space Index/Floor Area Ratio:
Provided that no permission for construction of buildings shall be given on landward side of any new roads (except roads approved in the Coastal Zone Management Plan) which are constructed on the seaward side of an existing road.
(ii)Reconstruction of the authorised buildings to be permitted subject to the existing FSI/FAR norms and without change in the existing use.
(iii)The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.
(i)The area upto 200 metres from the High Tide Line 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, and for permissible activities under the notification including facilities essential for such activities. An authority designated by the State Government/Union Territory Administration may permit construction of facilities for water supply, drainage and sewerage for requirements of local inhabitants.However, the following uses may be permissible in this zone – agriculture, horticulture, gardens, 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.
(iii)Construction/reconstruction of dwelling units between 200 and 500 metres of the High TideLine 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 units 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. Construction is allowed for permissible activities under the notification including facilities essential for such activities.An authority designated by State Government/Union Territory Administration may permit construction of public rain shelters, community toilets, water supply, drainage, sewerage, roads and bridges.The said authority may also permit construction of schools and dispensaries, for local inhabitants of the area, for those panchayats the major part of which falls within CRZ if no other area is available for construction of such facilities.
(iv)Reconstruction/alterations of an existing authorised building permitted subject to (i) to (iii) above.
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) (a)Corals from the beaches and coastal waters shall not be used for construction and other purposes.
(b)sand may be used from the beaches and coastal waters, only for construction purpose upto the 30th day of September 2002 and thereafter it shall not be used for construction and other purposes.
(iv)Dredging and underwater blasting in and around coral formations shall not be permitted; and
(v)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.
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-à-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;
(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 II or III, with the prior approval of Ministry of Environment & Forests and in such designated stretches, the appropriate regulations given for respective Categories shall apply.
Annexure – II
GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS/HOTELS IN THE DESIGNAED AREAS OF CRZ-III FOR TEMPORARY OCCUPATION OF TOURIST/VISITORS, WITH PRIOR APPROVAL OF THE MINISTRY OF ENVIRONMENT & FORESTS.
7(1)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:
(i)The project proponents shall not undertake any construction (including temporary constructions and fencing or such other barriers) within 200 metres (in the landward wide) from the High Tide Line and within the area between the Low Tide and High Tide Line;
(ia)live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;
(ib)no flattening of sand dunes shall be carried out;
(ic)no permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts.
(id)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.
Though no construction is allowed in the no development zone for the purposes of calculation of FSI, the area of entire plot including 50% of the portion which falls within the no development zone shall be taken into account.
(ii)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;
(iii)The construction shall be consistent with the surrounding landscape and local architectural style;
(iv)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);
(v)Ground water shall not be tapped within 200m of the HTL; within the 200 metre – 500 metre zone, it can be tapped only with the concurrence of the Central/State Ground Water Board;
(vi)Extraction of sand, levelling 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;
(vii)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;
(viii)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;
(ix)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
(x)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.
(xi)Approval of the State/Union Territory Tourism Department shall be obtained.
7(2)In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other areas as may notified by the Central/State Government/Union Territories) construction of beach resorts/hotels shall not be permitted.
[See paragraph 2, sub-paragraph (ii)]
(ii)Liquefied Petroleum Gas;
(vi)High Speed Diesel;
(x)Compressed Natural Gas;
(xiii)Low Sulphur Heavy Stock.
(xiv)Liquefied Natural Gas (LNG)
Environmental clearances accorded by the Ministry of Surface Transport from 9th July 1997 till the publication of this notification are valid. All proposals for environment clearance pending with the Ministry of Surface Transport stand transferred to Ministry of Environment and forests from the date of publication of this notification.
The principal notification was published in the Gazette of India vide number S.O. 114(E), dated, the 19th February, 1991 (Corrigendum number S.O 190(E) dated 18th March 1991) and subsequently amended vide: -
(i)S.O. 595 (E) dated 18th August 1994(Corrigendum S.O.690 (E) dated 19th September 1994.)
(ii)S.O. 73 (E) dated 31st January 1997.
(iii) S.O. 494 (E) dated 9th July 1997.(Corrigendum S.O.735(E) dated 21st October 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.998 (E) dated 29th September 1999.
(viii)S.O.730 (E) dated 4th August 2000
(ix)S.O. 900(E) dated 29th September 2000
(x)S.O. 329 (E) dated 12th April 2001(Corrigendum S.O. 776 (E) dated 13th August 2001.)
(xi)S.O. 988 (E) dated 3rd October 2001.