(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
REGULATIONS
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.
Category-II
(CRZ-II):
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.
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.
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.
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:
CRZ-I
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
CRZ-II
(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.
CRZ-III
(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.
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) (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-¨¤-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.
Explanation:
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.
Annexure
- III
[See
paragraph 2, sub-paragraph (ii)]
List
of Petroleum Products Permitted for Storage in Coastal
Regulation Zone except CRZ I- (i)
(i) Crude Oil;
(ii) Liquefied Petroleum Gas;
(iii) Motor Spirit;
(iv) Kerosene;
(v) Aviation Fuel;
(vi) High Speed Diesel;
(vii) Lubricating Oil;
(viii) Butane;
(ix) Propane;
(x) Compressed Natural Gas;
(xi) Naphtha;
(xii) Furnace Oil;
(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.
