Law

Environmental Law
Coastal Regulation

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 QUADRANT-I (A) – PERSONAL DETAILS

Role Name Affiliation

Principal Investigator
Co-Principal Investigator
Paper Coordinator, if any
Content Writer/Author
Content Reviewer
Language Editor
Prof (Dr) Ranbir Singh
Prof (Dr) GS Bajpai
Ms Lovleen Bhullar
Ms Manju Menon and Ms
Meenakshi Kapoor
Ms Kanchi Kohli
Ms Lovleen Bhullar
Vice Chancellor, National
Law University Delhi
Registrar, National Law
University Delhi
School of Oriental and
African Studies, University
of London
Program Director, CPR-
Namati Environment Justice
Program and Program
Manager, CPR-Namati
Environment Justice Program
Independent Researcher,
New Delhi
School of Oriental and
African Studies, University
of London

QUADRANT-I (B) – DESCRIPTION OF MODULE

Items Description of Module

Subject Name Law
Paper Name Environmental Law
Module Name/Title Coastal Regulation
Module Id ENLAW/16
Pre-requisites Knowledge of different types of
ecosystems, Environment (Protection)
Act EPA, 1986, Environment Impact
Assessment Notification EIA, 2006
Objectives Cognitive - define CRZ, categorize
CRZ into different zones, list
regulations in different zones, name
institutions created for CRZ
regulation, elaborate on importance of
CZMP
Affective - ask about the status of
CZMP preparation, DLCC
constitution and violations
identification; questions the timelines
& resources provided for CZMP
preparation
Psychomotor - identify CRZ zones on
the ground, sort cases which will go to
the SCZMA, NCZMA and MoEF.
Keywords Coastal regulation, CRZ Notification,
CZMA, CZMP

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 QUADRANT-I – E-TEXT

1. Introduction

The unit discusses coastal regulation in India. It begins with highlighting the significance and
fragile nature of coastal areas, which explains the need for their regulation. It elaborates on
various stipulations and provisions of the CRZ Notification, 2011, which is the current legal
document that regulates development on the coast. It deals with three important aspects of
CRZ notification: CRZ classification & regulations, institutional mechanism and
enforcement. It briefly discusses the origin of the Coastal Regulation Zone (CRZ)
Notification and its journey from 1991 to 2011. It also touches upon key issues concerning
the two notifications.

The unit is based on the reading of CRZ Notification, 1991 and 2011; information available
on Government websites; articles and papers on CRZ Notification published in various
newspapers and journals and media reports and an unpublished report of CPR-Namati
Environment Justice Program (CPR-Namati EJP, 2014).

2. Learning Outcomes

After the completion of the module, students will know about the Coastal Regulation Zone
(CRZ) Notification that regulates the coastal development. They will be able to define CRZ
and divide it further into various sub-zones. Once the students have completed this module,
they are expected to broadly speak of the different regulations and prohibitions that determine
the development of the coasts. They will be able to explain the role of different institutions in
performing the key functions for coastal regulation.

3. An Introduction to coasts

3.1. Ecological fragility of the coasts

Coasts are the interface where land meets the sea. They are mosaics of a wide range of
ecosystems such as mangroves, coral reefs, salt marshes, sand beaches and dunes, estuaries
and lagoons (a body of water cut of from a larger body). These ecosystems interact with each
other; and the coasts, being the transition areas between two ecosystems, act as ecotones. Due
to this continuous interaction, environmental parameters such as temperature, salinity,
turbidity, oxygen content and nutrients, etc. are usually in a state of flux on the coast. This
state of flux extends to the rich biodiversity of the coast as well and makes it unique (CPR-
Namati EJP, 2014)

3.2. Importance of the coast

Besides their ecological significance, coasts gain importance because of their productive
ecosystems, ability to support livelihoods, capacity to sustain high human population density
and their business potential. Coastal ecosystems such as mangroves are linked with high fish
production. Small-scale fisheries in its waters provide livelihoods to many artisanal fishers.
Coral reefs are also sites of rich living and non-living resources. They are one of the most
productive marine ecosystems, particularly in terms of fish yield. Mangroves and sand dunes
together form the first line of defense on the coast providing protection against cyclones and
storm surges.

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Coasts provide goods that are extremely productive and important for human use such as fish,
minerals and salt. Coasts are also being explored for oil extraction. Further, projects such as
ports and oil pipelines can be undertaken only at this cusp of land and sea. The sea food
industry, export processing zones, shipping, storage godowns for items of import, security
infrastructure and manufacturing units that require large amounts of water also prefer coastal
locations. With greater emphasis on renewable energy, the sea holds huge potential for tidal
energy and ocean thermal energy as well. The beauty of the beaches and the sea has drawn
more and more people to these areas for recreation. Even at premium prices, there is great
demand for beach facing homes, hotels and tourist resorts. Proximity to the sea makes them
ideal for setting up trade centres and cities. Some of the largest cities around the world and in
India are located on the coasts (CPR-Namati EJP, 2014).

3.3. India’s Coastline

India has a vast coastline measuring about 7500 km. The eastern coastline, adjoining the Bay
of Bengal, starts from West Bengal in the North, passes Odisha and Andhra Pradesh (now
including the newly formed state of Telangana) and ends at Tamil Nadu in the South. It has
low, wide and flat coastal areas. The western coast begins with Gujarat, and extends through
Maharashtra, Goa, Karnataka and Kerala. It consists of rocky cliffs, all through a narrow
strip, adjacent to the Arabian Sea.

Besides, there are certain islands (Daman and Diu, Puducherry, Lakshadweep, Andaman &
Nicobar islands) governed by the administrative setup of Union Territories that form the
coastal parts of India. Certain states like Kerala also have islands that fall under their
jurisdiction.

These coastal areas are densely populated. Population density in the coasts of India is 500
people per square kilometer of area as against the national average of 324 people per square
kilometer of area.

3.4. Coasts are contested spaces: Conflict between development, livelihoods and
conservation

The Indian coastline supports the survival of about 10 million fisherfolk. They fish from the
waters, dry the fish, mend their nets, park their boats and even live in the adjoining land. They
build their houses on the coast - as per the Marine Census Data, there are more than 3200
marine fishing villages in India. Salt production is another livelihood activity being carried
out extensively on the Indian coast. As per the Salt Department of India, more than 1 lakh
labourers are employed in the salt industry. Majority of the salt pans in the country are
located on the coast. Labourers on these salt pans lead a nomadic life spending nine months
(September-May) in the coastal region in make-shift houses. Collection of clams and other
bivalves is carried out in the estuarine parts of the coast, which has a significant number of
people dependent on it. In the recent years the same land is sought for setting up power plants
and SEZ (Special Economic Zone) projects besides the usual demand for coastal land for
ports, oil pipelines and tourist resorts. The Indian Government has been notifying marine
protected areas with the purpose of conservation of coastal biodiversity. So far, the Gulf of
Kutch in Gujarat, the Gulf of Mannar in Tamil Nadu, Gahirmatha in Odisha and the Rani
Jhansi National Park and the Mahatma Gandhi National Park in Andaman & Nicobar have

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been notified. The Malvan Marine Sanctuary has been proposed in the coastal parts of
Maharashtra.

All these uses are competing with each other for a share of the coastal space.

The CRZ Notification is meant to regulate the use of the coastal space among such competing
industry, community and public uses while also maintaining the ecological viability of the
coastal areas.

Image 1: Fisherfolk use the coast not just for fishing but for net repair, boat parking, fish
drying and packaging etc.
[INSERT IMAGE 1]

4. Coastal Regulation Zone (CRZ) Notification

India’s Environment (Protection) Act (EPA) of 1986 contains a clause, which gives “power to
the central government i.e. the Union Ministry of Environment and Forests to take all
measures that it feels is necessary to protect and improve quality of the environment and to
prevent and control environmental pollution”. To meet this objective the Central Government
can restrict areas in which any industries, operations or processes or class of industries,
operations or processes shall not be carried out or shall be carried out subject to certain
safeguards” (section 3 (2)(v)).

Using this clause of the EPA, the CRZ Notification, 1991 (CRZ 1991) restricted certain
activities and processes in the coastal stretches of India. Due to concerns raised by civil
society, fishermen groups and committees appointed by the Ministry of Environment and
Forests, Government of India (MoEF) over the years, the notification was replaced by a new
notification in 2011, which currently regulates the development on the coast (see section 5 on
concerns and issues). This CRZ Notification, 2011 (CRZ 2011) clearly lays its objectives as:
 Protection of livelihoods,
 Conservation of coastal areas, and
 Sustainable development of the coast.

Coastal areas upto 500 m from the High Tide Line (HTL)1 of the sea on the landward side
along the sea front and 100 m from the HTL along the tidal influenced water bodies2 (bays,
estuaries, rivers, backwaters of the sea, etc. that are connected to the sea) and land between

1
As per CRZ Notification, 1991, HTL means the line on the land upto which the highest water line
reaches during the spring tide. The Central Government has authorized agencies for demarcation of
HTL/LTL. They are:
1. Space Application Centre (SAC), Ahmedabad,
2. Centre for Earth Science Studies (CESS), Thiruvanathapuram,
3. Indian Institute of Remote Sensing (IRS), Anna University, Chennai,
4. Institute of Wetland Management and Ecological Designs (IWMED), Kolkata,
5. National Hydrographic Office (NHO), Dehradun,
6. National Institute of Oceanography (NIO), Goa, and
7. National Institute of Ocean Technology, (NIOT), Goa.
2
As per CRZ 1991, distance upto which CRZ is demarcated in water bodies was kept as the distance
upto which tidal effect is observed in the water bodies. As per CRZ 2011, this is the distance upto
which salinity concentration in the tidal influenced water body, when measured during the driest period
of the year, is 5 parts per million (ppm).

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the HTL and the Low Tide Line (LTL) were declared as a Coastal Regulation Zone for the
purpose of the notification.

Below are the key provisions and stipulations of the notification:

4.1. Institutions for CRZ Regulation

The CRZ Notification, 2011, in its clause 6 (a), grants powers to the National and State/Union
Territory Coastal Zone Management Authorities under the Environment (Protection) Act,
1986, for the implementation of the notification. Clause 6 (c) of the notification provides for
the constitution of the District Level Coastal Committees (DLCC) in all coastal districts. It
states that DLCCs would ‘assist’ the State Coastal Zone Management Authorities (SCZMAs).

Hence, there are institutions for coastal regulation at three levels:

 Central - National Coastal Zone Management Authority (NCZMA), to be constituted
by the MoEF
 State - State/Union Territory Coastal Zone Management Authority
(SCZMA/UTCZMA), to be constituted by the MoEF
 District - District Level Coastal Committee (DLCC), to be constituted by the
concerned State/Union Territory CZMA.

While the notification does not prescribe anything on the composition of the coastal zone
management authority, it mandates that DLCCs should have at least three representatives of
traditional coastal communities.

The CRZ Notification, 2011 further stipulates that SCZMAs and UTCZMAs would maintain
their websites, where information such as minutes of meetings, decisions taken, coastal zone
management plans (see below), etc. would be uploaded.

4.2. Roles of institutions for CRZ regulations

Broadly, institutions created for CRZ regulation perform the below roles:
 NCZMA: Coordination and quality check of work of the SCZMAs. Providing a
platform for SCZMAs to raise their concerns and MoEF to direct the work of the
SCZMAs
 SCZMA: Enforcement of the notification and monitoring the compliance of the
notification.
 DLCC: Assistance to SCZMA

4.3. CRZ Classification

The CRZ Notification, 2011 divides the CRZ into below four zones3:

CRZ I: Ecologically Sensitive Areas (ESA) and the geo-morphological features that are
crucial for the integrity of the coast4 and the intertidal areas (areas between HTL and LTL).

3
CRZ Notification 2011 retained the zones suggested in CRZ Notification 1991. However, it
introduced a new category called ‘Areas requiring special consideration’.
4
Ecologically Sensitive areas include mangroves, corals and coral reefs, sand dunes, mud flats (which
are biologically active), protected areas, salt marshes, turtle nesting grounds, horse shoe crab habitats,

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CRZ II: Areas that are developed upto or close to the shoreline and falling within municipal
limits.
CRZ III: Areas that are relatively undisturbed and do not fall under the above two categories.
It also includes those rural or urban areas that are not substantially developed. The first 200 m
from the HTL in CRZ III has been made a No Development Zone (NDZ). The areas within
the 100 m from the HTL of the tidal influenced waterbodies are also included in the NDZ.
CRZ IV: The CRZ Notification 1991 had included coastal areas of Andaman & Nicobar and
Lakshadweep and other small islands as CRZ IV. The CRZ Notification, 2011 included water
area from the LTL upto territorial limits (12 Nm), including the water area of tidal influenced
water body. A separate notification called Island Protection Zone Notification was drafted for
Andaman & Nicobar and Lakshadweep islands.

It also introduced a new category of areas.

Areas requiring special consideration: For the purpose of protecting the critical coastal
environment and difficulties faced by local communities, CRZ areas of Greater Mumbai,
Kerala and Goa and Critically Vulnerable Coastal Areas (CVCA) were given special
consideration.

Image 2: Areas such as turtle nesting sites are considered ecologically sensitive and therefore
qualify as CRZ I areas.

[INSERT IMAGE 2]

Table 1: CRZ classification as per CRZ Notification 1991 and CRZ Notification 2011

CRZ 1991 & 2011- Areas that are ecologically sensitive or important, with rich genetic
CRZ I diversity, at the risk of inundation on sea level rise and between High Tide Line (HTL) and Low
Tide Line (LTL).
CRZ II CRZ 1991 & 2011 - Areas that have already been developed upto or close to the shoreline. Area
that falls under the municipal limits or any other legally designated urban areas which is already
substantially built up and has been provided with approach roads, sewage and drainage systems.
CRZ III CRZ 1991 & 2011 - Areas which were originally undisturbed, coastal zones in rural areas and
those areas falling within the municipal limits or designated urban areas but are not substantially
built up.
The first 200 m of from the HTL in CRZ III is called No Development Zone (NDZ).
CRZ IV CRZ 1991 - Coastal stretches of Andaman & Nikobar, Lakshadweep and small islands that are
not categorized as CRZ I, II or III.
CRZ 2011 - Water area from the LTL to 12 nautical miles on the seaward side; water area of the
tidal influenced waterbody from its mouth to the sea upto the influence of tide.

Illustration 3: CRZ Classification

sea grass beds, nesting grounds of birds, areas or structures of archaeological importance and heritage
sites.

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4.4. Coastal Zone Management Plan

The Coastal Zone Management Plan (CZMP) is a document that has all the CRZ zones
demarcated in it. SCZMAs use it to arrive at decisions on project clearance, identification of
violations and regulation of development activities (see section 4.7 on functions and powers
of institutions for CRZ regulation).

The CRZ Notification, 2011 continued with the requirement of preparation of CZMPs and
stipulated that states and UTs would prepare CZMPs within the next two years of the
notification. It also stated that till the CZMPs are prepared under CRZ 2011, the CZMP
approved under CRZ 19915 would be valid.

CRZ 2011 provides a set of guidelines for preparation of CZMPs. These guidelines contain
stipulations for HTL/LTL demarcation (in the scale of 1:25,000), local level CZM maps (in

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The CRZ Notification 1991 had mandated that within a period of one year of the notification, all
states and union territories would prepare coastal zone management plans (CZMP) identifying and
classifying different CRZ areas. None of the states submitted their CZMPs in the stipulated time frame.
Because of Supreme Court’s involvement (WP 664/1993), the states submitted the draft CZMPs with
the MoEF, which got approved in September 1996.

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the scale of 1:4000), hazard mapping and classification of CRZ areas. These guidelines also
direct that any change between the new CZMP and CZMPs as approved under CRZ 1991
needs to be justified. The guidelines also mandate that SCZMAs would conduct public
hearings on draft CZMPs and revise them based on the suggestions thus obtained.

4.5. Regulations

The CRZ Notification, 2011 restricts the setting up and expansion of any industry, operation
or process and manufacture of handling or storage or disposal of hazardous substances in the
coastal regulation zone. There are a number of activities that are prohibited in the CRZ.
However, almost all of them are presented with a set of exceptions. The table below lists the
prohibited activities and associated exceptions.

Table 2: CRZ Regulations and Exceptions

Prohibition Exception
Setting up of new industries and expansion of Industries directly related to waterfront or
existing industries needing foreshore facilities such as ports and
harbours, 6 jetties, quays, pipelines, light
houses, etc.
Projects of Department of Atomic Energy
Projects of power generation through non-
conventional energy resources (except CRZ
I)
Desalination plants*
Development of green field airport already
permitted only at Navi Mumbai
Reconstruction and repair of dwelling units
of local communities
Manufacture or handling oil storage or Transfer of hazardous substances from ships
disposal of hazardous substance to ports, terminals and refineries and vice
versa
Facilities for receipt and storage of petroleum
products
Facilities for regasification of LNG*
Setting up and expansion of fish processing Hatchery and natural fish drying
units including warehousing
Land reclamation, bunding or disturbing the For construction of foreshore activities,
natural course of seawater, particularly for control of erosion, maintenance of
commercial purposes waterways, channels and ports, laying of
storm water drains, prevention of salinity
ingress and sand bars, etc.
Setting and expansion of units or mechanism Construction of storm water drains and
for disposal of wastes and effluents ancillary structures for pumping
Treatment plants for wastes arising from
hotels, resorts and settlements in CRZ areas*

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Ports and Harbours are not permitted in high eroding stretches of the coast except those related to
defence.

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 Discharge of treated effluents in the water
course
Discharge of untreated effluents, dumping of
city/town waste
Mining Mining of rare minerals not available outside
the CRZ area
Exploration and exploitation of natural gas
Drawl of ground water within 200 m of HTL Drawl of ground water for local
communities’ use in their areas
In 200-500 m from HTL, manual drawl of
water, when no other source of water is
available, for drinking, horticulture,
agriculture and fisheries.
Altering of sand dunes, hills and other natural
features
Facilities for patrolling and vigilance
activities of marine/coastal police stations
*Not allowed in CRZ I

Besides these generic regulations, the notification also talks about zone specific regulations,
which are as below:

CRZ I:
 No new construction is permitted, except the ones mentioned in the above table.
 Construction of facilities to meet the needs of the traditional inhabitants is permitted
in the intertidal areas, which are not ecologically sensitive.
 Salt harvesting, desalination plants, storage of non-hazardous cargo and construction
of roads, pillars, etc. without affecting the tidal flow are permitted in the intertidal
areas, which are not ecologically sensitive.
CRZ II:
 Buildings are permissible on the landward side of the existing road, or building or the
hazard line. Floor space index and floor area ratio for construction projects should not
exceed from their value as on 19 February 1991 (date of issuance of the CRZ
Notification 1991). This clause has been relaxed for slum redevelopment projects and
reconstruction of dilapidated structures.
 Reconstruction of authorized buildings, without any change in floor space index or
floor area ratio and present use, is permitted.
 Other activities such as desalination plants, storage structures and other exceptions
mentioned in the table above are also permissible.
CRZ III:
 0-200 m NDZ 7 : No construction is permitted in the zone except certain activities
relating to agriculture, horticulture, forestry, pastures, parks, repair and reconstruction
of authorized structures, exceptions listed in the table above and certain public
facilities. Dwelling units of coastal communities are permitted in 100-200 m zone.

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NDZ is not applicable in areas falling within notified port limits.

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  200-500m: Construction and repair of houses of local communities, tourism projects,
public facilities for local inhabitants and the exceptions listed in the table above are
permitted in the zone.
CRZ IV:
 Traditional fishing and allied activities by the local communities are permitted.
However, as mentioned in the table above, no untreated sewage or waste should be
dumped in the area.

Areas requiring special consideration:

Development in areas falling within the municipal limits of Greater Mumbai, CRZ of Kerala
and CRZ of Goa and critically vulnerable coastal areas (CVCAs) is governed by different sets
of regulations.
 In Greater Mumbai, roads have been allowed in CRZ I areas. Rehabilitation of
existing slums and reconstruction of dilapidated buildings has also been permitted.
 50 m from the HTL on islands in the backwaters of Kerala has been demarcated as
CRZ area.
 All foreshore facilities required for fishing are permitted in the notified fishing
villages of Goa. It also allows seasonal temporary customary structures.
 CRZ 2011 provides for notification of CVCAs. It has suggested 12 sites8 across the
country and entire mangrove area of Sundarbans that should be notified as CVCAs.
The notification further states that these areas will be identified, planned, notified and
managed based on guidelines issued by the MoEF in this regard. Integrated
Management Plans of the areas will consider the conservation aspects of the region
and the needs of the local communities. Communities will be involved in the
management of these areas.

Regularization

The notification also states that dwelling units of the traditional local communities, which
have not obtained formal approval from the CZMAs under CRZ 1991 but are permissible,
would be regularized under CRZ 2011. In its meeting in December 2011, the Karnataka
SCZMA used this clause to regularize and allow reconstruction of a house for a traditional
inhabitant in Udupi district.

Illustration 4: Permitted Activities in CRZ

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CRZ 2011 has provided an indicative list of 12 sites to be notified as CVCAs. They are Karwar and
Coondapur in Karnataka, Gulf of Mannar in Tamil Nadu, Gulf of Khambat and Gulf of Kutch in
Guajrat, Malvan and Achra-Ratnagiri in Maharashtra, Vembanad Lake in Kerala, Bhaitarkanika in
Odisha and Coringa, East Godavari and Krishna in Andhra Pradesh.

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4.6. Project Clearance Procedure

The notification clearly mentions that any activity should be allowed in the CRZ only if it
needs waterfront and foreshore facilities. The SCZMA/UTCZMA examines any project that
seeks to come up in the CRZ area of its jurisdiction. The SCZMA/UTCZMA, within a period
of 60 days, makes recommendations on the project to:
i. Expert Appraisal Committee (EAC), in case the project is listed in Schedule A of the
Environment Impact Assessment (EIA) Notification, 2006. If approved by the EAC,
the MoEF grants environment clearance to the project.
ii. State Expert Appraisal Committee (SEAC), in case the project is listed in Schedule B
of the EIA Notification 2006. If approved by the SEAC, the State Environment
Impact Assessment Authority (SEIAA) grants clearance to the project.
iii. SEIAA, in case of construction projects of built up area more than 20,000 sq mts
proposed for CRZ II.
iv. State/Union Territory Planning Authorities, in case of projects of built up area less
than 20,000 sq mts proposed for CRZ II.

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 v. MoEF, in case the project is not listed in the EIA Notification 2006 but only in the
CRZ Notification.
vi. MoEF, for construction activities related to Departments of Atomic Energy and
Defence requirements.
vii. MoEF, for construction, light houses, laying of pipelines, transmission lines,
exploration of oil and natural gas, desalination plants, renewable energy projects,
mining of rare minerals, foreshore facilities for transfer of raw materials, etc.

MoEF or the concerned State Government decides on the project in the next 60 days. The
clearance, once issued is valid for a period of five years.

However, there are examples of cases, which are listed neither in the EIA Notification nor the
CRZ Notification, for instance helipads and petrol pumps. In such matters, the SCZMA
consults the MoEF.

4.6.1. Requirements for the Project Proponents

The project proponent is required to submit the proposal with the concerned State or Union
Territory CZMA with the following documents:
1. Form I (Annexure IV of the Notification)
2. Rapid EIA Report (including marine and terrestrial EIA; comprehensive EIA and
cumulative studies as per guidelines issued by the MoEF from time to time)
3. Disaster and Risk Management Report
4. CRZ map (in a scale of 1:4000) with:
o HTL/LTL demarcated by the authorized agency
o Project layout superimposed on it. It should also indicate a radius of 7 km
around the project site.
o CRZ I, II, III, IV areas marked on it.
5. No Objection Certificate (NoC) from the concerned Pollution Control Board (PCB)

4.7. Functions and Powers of Institutions for CRZ regulations

The broad roles of NCZMA, SCZMA and DLCC for CRZ regulation have been mentioned
above. Authority and responsibility of implementation of key aspects of the notification is
distributed amongst these three institutions, the MoEF and the State Government. Below is a
table depicting the same.

Table 3: Functions and Powers of Institutions in CRZ regulation

MoEF NCZMA State SCZMA DLCC

Government
CZMP Approval Review Coordination Assistance to
Preparation of SCZMAs
progress
CZMP Approval Examination,
revision Recommendation
Project Approval Approval Examination,
approvals* Recommendation
Violations Review Identification,
of Verification,

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 progress Taking action
Conservation Approval Identification,
recommendation,
management plan
of ESA, CVCA
*for details, see section 4.6

Besides these activities, MoEF keeps issuing directions and guidelines for the SCZMAs
regarding their key functions.

5. Concerns and Issues

The CRZ Notification was issued in 1991 with the aim of protection and conservation of the
coastal environment. However, over the years, implementation of the notification was faced
with a number of concerns raised by civil society organizations, fishermen groups and
committees constituted by the MoEF. These include the following:
 It was a uniform notification for a coastline of 7500 km spanning over nine states and
four Union Territories. It did not take into account the diversity of land use and
dependent livelihoods across the coastline. The density of population living along the
coast also varied in different states (Ramachandra, 2005).
 The demarcation process for tidal lines (HTL and LTL) was confusing for SCZMAs
to carry out. CRZ maps were difficult to be used by the local departments and
panchayat on the ground (Panigrahy & Pradhan, 2012) .
 There was a lack of comprehensive coastal planning. No directions were provided for
preparation of CZMPs for the CRZ. CZMPs, though in place by 1996, were not easy
to use as critical information was still lacking in most of them.
 Lack of definition of terms made the notification ambiguous and difficult to be
implemented. Terms such as ‘Foreshore and water front activities’; ‘Traditional rights
and customary uses’, ‘Local inhabitants’, ‘Gaothans and fishing villages’; ‘New
constructions’; ‘Reconstruction’; ‘Repairs’; ‘Buildings’; ‘Local architectural styles’;
‘Industries’; ‘Projects’; ‘Processes’; ‘Activities’; ‘Temporary structures/sheds’ were
not defined.
 Lack of consideration of the concerns of coastal communities.
 Piecemeal amendments made to the notification over the two decades made it
fragmented and nearly impossible to implement. With each amendment, the
notification allowed projects that were not permitted in the earlier version (Menon
and others, 2007).

In all, eight committees were constituted to give recommendations on and 25 amendments to

CRZ notification were made during this time (Equations, 2008).

While some of these concerns were addressed in the new notification in 2011, certain issues
still demand attention.

Post- clearance Monitoring

The CRZ Notification, 2011 mandates that project authorities submit half-yearly compliance
reports with respect to the terms and conditions based on which the environment clearance

14
has been granted to the project, to the concerned State/ Union Territory CZMA. However, the
notification does not have any mechanism for conducting surprise visits and inspections.

Enforcement

The notification does not provide any procedure or timelines for identification of violations. It
does not suggest what action could be taken against the violations, once established. The
SCZMAs hardly conduct site visits or field inspections of the projects recommended by them.
Therefore, there are very few SCZMAs such as Goa, which have been taking suo moto
cognizance of violations.

The National Green Tribunal (NGT), while hearing Application No. 49 of 2012, observed that
the CRZ Notification 1991 did not provide any procedure for taking action against the
violators of restrictions or even the manner in which the CZMA would proceed if it found that
any activity was undertaken in violation of the Notification. In its judgment on 11 April 2013,
it outlined a procedure for the same for Goa SCZMA to follow in all its cases.

Definition of Terms

Certain terms still require clear meanings and definitions. For example, ‘Dwelling unit of
traditional communities’ which are permitted in CRZ has not been defined in the notification.

BOX: Sethusamundram Shipping Canal Project

The Sethusamundram Shipping Canal Project to link Palk Bay and the Gulf of Mannar
between Tamil Nadu, India and Sri Lanka is an ambitious project of the Union Government
of India. The project was inaugurated in 2005 despite accusations from the State Government
that the project has subverted environment clearance and has overlooked the concerns of
fishermen. Later on, the Government of Tamil Nadu objected to the project on the ground that
it had not obtained the mandatory CRZ clearance. Since part of the project was falling within
12 nautical miles of water area from the LTL, it required to be examined by the Tamil Nadu
SCZMA. Hence in April 2013, the state government sought a direction from the Supreme
Court to the Centre not to carry out any further work on the project. (Source: PTI , 2013).

6. Summary

 India has a vast coastline of 7500 km encompassing nine states and four union
territories.
 CRZ Notification, 2011 regulates development in the coastal stretches of the nine
coastal states and two of the union territories (Daman & Diu and Puducherry).
 The objective of the CRZ Notification, 2011 is to conserve the coast, protect
traditional livelihoods and ensure sustainable coastal development.
 CRZ Notification, 2011 regulates competing uses/demands of the coast, such as
fishing, housing for traditional communities, salt production, ports, thermal power
plants, tourism activities, protection of coastal areas and real estate.
 Under the CRZ 2011, 500 m of land area from the High Tide Line (HTL) has been
demarcated as Coastal Regulation Zone (CRZ). In case of water bodies that are under
the tidal influence, the CRZ is 100 m from the HTL on both sides of the water body.
12 Nautical miles of water area has also been notified as CRZ under the notification.

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  CRZ has been divided into four zones: CRZ I (ecologically sensitive, inter-tidal area),
CRZ II (built up area), CRZ III (undisturbed/undeveloped area), CRZ IV (water
area).
 CRZ areas of Greater Mumbai and Goa, CRZ in backwaters of Kerala and its islands,
and Critically Vulnerable Coastal Areas are given special consideration under CRZ,
2011.
 CRZ Notification 2011 governs activities and development in the CRZ by indicating
what can be permitted in each of the four zones.
 CRZ 2011 makes the SCZMAs responsible for the implementation of the notification.
 CRZ 2011 stipulates that District Level Coastal Committees (DLCC) should be
constituted in all coastal districts to ‘assist’ SCZMAs in the task. It mandates that the
DLCC should have at least three members who represent the traditional fishing and
other coastal communities of the district. However, the notification does not elaborate
on the role of the DLCCs.
 CZMAs examine the proposals of projects to be set up in the area on the parameter
whether they require waterfront or foreshore facilities or not.
 Projects to meet the housing, livelihood and other basic needs of the traditional
coastal communities are not prohibited under CRZ 2011.
 SCZMAs have also been assigned the task of coordination of preparation of Coastal
Zone Management Plans (CZMP).
 CZMP is a document having all CRZ zones demarcated in it. SCZMAs use it to
arrive at decisions on project clearance, identification of violations and regulation of
development activities.
 CRZ 2011 does not set any procedure for identification and verification of violations
to ensure effective implementation of the CRZ regulations.

References

1. CPR-Namati Environment Justice Program. Report on Coastal Zone Management

Authorities. Draft. 2014 (CPR-Namati EJP).
2. Equations. “Coastal Regulation in India Why do we need a new notification?.”
Bangalore: Equations, 2008.
3. Kohli Kanchi, and Manju Menon. “Redefining Coastal Engagement.” Business Line,
February 10, 2009.
4. Menon, M., Rodriguez, S. and Sridhar, A. Coastal Zone Management Notification
’07: Better or Bitter Fare. Bangalore: ATREE, 2007.
5. MoEF. Coastal Regulation Zone Notification. New Delhi. 1991
6. MoEF. Coastal Regulation Zone Notification. New Delhi. 2011
7. Panigrahy J.K and Pradhan, A. “Effectiveness of Indian Coastal Regulation Zone
(CRZ) provision for coastal zone management and its management using SWOT
analysis.” Ocean and Coastal Management 65 (2012): 34-50.
8. PTI. “Sethusamundram Project- TN gets 2 weeks’ time to take stand,” The Hindu
Business Line, April 1, 2013.
9. Ramachandran, A. “Coastal Regulation Zone Rules in Coastal Panchayats (Villages)
of Kerala, India vis-a`-vis Socio-Economic Impacts from the Recently Introduced
Peoples’ Participatory Program for Local Self-Governance and Sustainable
Development.” Ocean & Coastal Management 48 (2005): 632-653.

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