REGISTERED NO. D. (D.N.) 127 EXTRAORDINARY
PART II—Section 3—Sub-Section (ii) PUBLISHED BY AUTHORITY So. 105] NEW DELHI, WEDNESDAY, FEBRUARY 20, 1991/PHALGUNA 1,1912 Separate Paging is given to this Part in order that It may be filed as a separate compilation 0)452 GI/91 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)l 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART It—SEC. 3(ii)l 5 MINISTRY OF ENVIRONMENT & FORESTS (Department of Environment, Forests & Wildlife) NOTIFICATION UNDER SECTION 3(1) AND SECTION 3{2)(v) OF THE ENVIRONMENT (PROTECTION) ACT, 1986 AND RULE 5(3)(d) OF ENVIRONMENT (PROTECTION) RULES, 1986, DECLARING COASTAL-STRETCHES AS COASTAL REGULATION ZONE (CRZ) AND REGULATING ACTIVITIES IN THE CRZ.
New Delhi, the 19th February, 1991 S.O. 114(E).—Whereas a Notification under Section 3(1) and Section 3(2'i(v) uf 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 cxerci e 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 purposes of this Notification, the High [Tide Line (HTL) will be denned as the line upto which the highest high tide reaches at spring tides. ' ' ' I1*1'* Note.—The distance from the High Tide Line (HTL) to which the proposed regulations will apply in the case of rivers, creeks and backwater*; may be modified on a case by case basis for raa'ons to be recorded while preparing the Coastal Zone Management Plans (referred to below) ; however, this distance shall not be less than 100 metre i or the width of the creek, river or backwater whichever is less.
2. Prohibited Activities :
The following activities are declared as prohibited within the Coastal Regulation Zone, namely :
(i) setting up of new indu tries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities ;
(ii) manufacture or handling or storage or disposal of hazardous nihstances as specified in the Notifications or the Government of India in the Ministry of Environment & Forest. No. S.O. 594(E) dnte.] ?Rfh July, 1989, S.O. 966(E) dated 27th November, 1989 and GSR tO37(E) dated 5th December, 1989 ;
(iii) Setting up and expansion of fish processing units including warehrarln* (excluding hatchery and natural fish drying in permitted areas) ;
(iv) setting up' aindl expansion of uni'ts|mi:chiJr nisms Tor disposal of waste i 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) di charge of untreated washes 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 purnoses of landfiiling 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 ;
(vji) dumping of ash or any wastes from thermal power stations ;
(viii) land reclamation, bunding or disturbing the natural course of rea water with similar obstructions, except those required for control of coastal erosion and maintenance or cleasing of waterways, channels and ports and fo- prcvent'on nf sandbars and also except for tidal regulators, storm water drains and structures for prevention of salinity ingress and for sweet water recharge ;
(ix) mining of riands, rocks and other substrata materials, except those rare minerals not available outside the CRZ areas ;
(x) harvesting; or drawal of ground water and construction of mechanisms therefor within) 200 m of HTL ; in the 200 m to 500 m zone it shall be permitted onlv when done manually through ordinary wells for drinking, horticulture, agriculture and fi heries ;
(xi) construction activities in ecologically sensitive areas as specified in Annexure-I of this Notification ;
(xii) anv construction activitv between the Low Tide Line and High Tide Line except facilities for carrving treated effluents and waste water discharges into the sea, facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines and facilities csentia] for activities permitted under this Notification ; and
(xiii) dressing or alterim: of sand dunes, hills, natural features including landscape changes 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] for bpautiiicuti'on, recreational and other such purpose:, except as permissible under this Notification.
3. Regulation of Permissible Activities :
All other activities, except thos; prohibited in para 2 above, will be regulated as under :
(1) Clearance shall be given for any activity within tile Coastal Regulation Zone only if it require;, water front and foreshore facilities.
(2) The following activities will require environmental clearance from the Ministry of Environment & Forests, Government of India, namely :
(i) Construction activities related to Defence requirements for which foreshore facilities are essential (e.g. slipways, jetties etc.); 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 hotases requiring water frontage; jetties wharves, quays, slipways etc. (Residential buildings & oflice buildings shall not come within the definition of operational activities except in very special cases and hence shall not normally be permitted in the CRZ);
(iii) Thermal power plants (only foreshore facilities for transport of raw materials facilities for in-take of cooling water and outfall for discharge of treated waste water cooling water); and
(iv) All other activities with investment exceeding rupees five crores.
(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 Anneocures-I and IT 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 raav be in nccorihr.cp wifh the guidelines tfiven in Annexures-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 arc 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 stubject 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.
[N. K-15019|l|84-IA-III (Vol. II)] ft I • A T .̂ h n ^% n. J • f *-w **»•• «• ANNEXURE-I COASTAL AREA CLASSIFICATION AND DEVELOPMENT REGULATIONS Classification of Coastal Regulation Zone :
6(1) For regulating development activities, tlje coastal stretches within 500 metres of High Tide Line of the landward side are classified into four categories, namely :
Category I (CRZ-T) :
(i) Areas that are ecologically sensitive and important, such as national parks |marinc parks, sanctuaries, reserve forest?, wildlife habitats, mangroves, coraU[coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beautyjhistorical [heritage areas, areas rich in genetic diversity, area3 likely to be inundated du? to rise in sea level consequent lupon 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 the Low Tide Line nnd the High Tide Line.
Category-It (CRZ-II) :
The eica:. 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 infrastructure! facilities, such as water supply and sewerage mains.
CcitegoryTTI (CRZ-III) :
Areas that are relatively undisturbed and thost which do not belong to either Catcgory-I or II. Ihese 7 will include coastal zone in the PJI.I1 areas (developed ami undeveloped) and also areas within Municipal limits or in other legally designated, urban areas which aie not substantially built up.
Category-TV (CRZ-IV) Coastal stretches in the Andaman & Nicobar, Lakshadweep arid small islands except those designated as CRZ-I, CRZ-II or CRZ-III.
Nnrms for Regulation of Activities.
6(2) The development or construction activities in different categories of CRZ areas shall be regulated by the concerned authorities at the State jUniun Territory level, in accordance with the following norms :* CRZ-I No new construction shall be psrmittcd within 500 metres c*f the High Tide Line. No construction activity, except as listed under 2(xii), will be permitted between the Low Tide Line and the High Tide Lnie.
CRZ-ir
(i) Buildings shall be permitted neither on the;
seaward side of the existing road (or rotids proposed in the approved Coastal Zone Management Plan of the area) nor on seaward side of existing authorised structures.
Buildings permitted on the landward side of the existing and proposed roadsjexisting authorised structures shall be subject to the existing local Town and Country Planning Regulations including the existing norms of FSI|FAR.
(ii) Reconstruction of the authorised buildings to be permitted subject with 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 chall be permitted within this zone except for repairs of existing authorised structures not exceeding existing FS1, existing plinth area and existing density. However, the following uses may be permissible in this zone—- agriculture, horticulture, gardens, pastures, parks, playfields, forestry and salt manufacture from sea water.
(ii) Development of vacant plo*s between 200 and 500 metres of Hish Tide Line in designated areas of CRZ-[IT with prior approval of MEF permitted Tor 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 Tide Line permitted so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans. 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 per cent of the plot size ; the overall height of construction shall not exce:d 9 metres and construction shall not be more than 2 floors (gtound floor plus one fkm1).
(iv) Re construction|alterations of an existing authorised btuijding 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 20O and 500 metres from the High Tide Line shall not have more than 2 floors (ground floor end 1st floor), the total covered -jrca on all floors shall not be more than 50 per cent of the plot size and the total heii'it of construction shall not exceed 9 metres ;
(iii) The design arid construction of buildings shall be consistent with the surrounding landi'cirpe and local architectural style,
(iv) Corals and sand from the beaches and coastal waters shall not be ussd for constructs.n and other purposes :
(v) Drcdping and underwater blasting in and around coral formations shall not be permitted; and
(vi) However, m some of the islands, coastal stretches mav also be classified into categories CRZ-I or T,r or TIT, with the prior approval of Ministry of Environment and Forests and in such designated stretches, the nnnronnate regulations given for respective Categories shall apply.
Lakshi^v^n ar>(l srpMfl Islands :
f1') For perm;tt:n<r rnnstmction of buildings, the distance from the High Tide Line shall be decided defending on the '.-we nf the islands. This shall be laid down for each M;ind, in consultation wifh the exoerts and with approval of the Ministry of Environment & Forests, keeping- in view the land vc rocminiments for specific purposes vis-avis lre-nl conditions including hvdroioircal aspect? erosion and ecological sensitivity;
(if» The buildings within 500 metres from the HTL srnli not have more than 2 floors (ground floor and 1st floor), the total covered area on all floors shall not be more than 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 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 s and 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 TT or IjIT, with the prior approval of Ministry of Environment & Forests and in such designated stretches, the appropriate regulations given for respective Categories shall apply.
Lakshadwecp 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 & Forsts, keeping in view the land use requirements for specific purposes vis-a-vis local conditions including hydrological aspects, erosion and ecological sensitivity;
(h) 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 w'th the surrounding landscape and local architectural style,
(iv) Corals and fand from the benches and -:"istal waters, shall not be used for construction and other purposes.
(v) Dredging and under water blasting in and around lagoons and roral formations shall not be permitted; and (vij However, in some of the Islands, coastal stretches may also be classified into categories CRZ-i or ill or 111 with prior approval of the Ministry of Environment & Forests. In such designated stretches the appropriate regulations given for respective categories shall apply.
ANNEXURE-II GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS|HOTELS IN THE DESIGNATED AREAS OF CRZ-III FOR TEMPORARY OCCU- PATION OF TOURIST]VISITORS. WTTH PRIOR APPROVAL OF THE MINISTRY OF ENVIRON- MENT & FORESTS 7(1) Construction of beach rcsorts]hotels, with prior approval of MEF in the designated areas of CRZ-TIF for temporary occupation of tourists] visitors shall be subject to the following conditions :
(i) The project proponents shall not undertake any construction (including temporary con- •tructions and fencing or such other barriers) within 200 metres (in the landward side) from the High 'Tide Line and within the area between the Low Tide and High Tide Line;
(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 the 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 ^00 m 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) Fxtraction of sand, levelling or digging of of sandy stretches except for structural foundation of building, swimming pool shall not 9 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;
(vttii) 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;
(k) To allow public access to the beach, atleast 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 be notified by the Central|State Governmentl Union Territories) construction of beach resorts |hotels shall not be permitted.
Printed by the Manager, Govt. of India Press, Rine Road, Now Delhi-110064 and Published by (he Controller of Publicmions, DelhM 10054, 1990 45: GI/91—2