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EPA,1986: CRZ [Sec.3]

EPA aims at sustainable development.
Coastal ecosystems provide protection from natural disasters like floods and tsunamis. The
marine ecosystems are a treasure of biodiversity. The coastline is both natural reserve and an
important economic asset. Hence, a robust framework is required to conserve, regulate and
protect the coastal areas.

U/Sec.3 EPA,1986 CG —> has power to take all necessary measures to protect and
improve the environment and to prevent, control environmental pollution.
CG can regulate all economic processes and infrastructure to be carried out in CRZ.

Notifications issued by Ministry of Environment and Forests for CRZ

1. In pursuance of this power CG issued a Notification on 19Feb 1991 to manage CRZ.

2. After 25 amendments to above–> MOEF issued revised Notification on 6 Jan 2011.

A comprehensive revision of the above on the basis of representations from coastal states/

UTs , developmental coastal areas, eco-tourism, livelihood options and management and

conservation of marine and coastal ecosystems again became due with time.

Therefore a committee under Dr Sailesh Nayak( Sec, Min of Earth Sciences) formed to

examine the issues and suggesting appropriate changes in 2011 notification.

After wide-ranging calls consultations with SG and other stake holders, the committee

submitted its recommendation in 2015. This was further examined and a draft issued in

April 2018 for inviting comments from public at large.

3. Next notification approved in Dec 2018.—> Basic consideration to FSI norms,

tourism infrastructure, clearances streamlined, NDZ of 20 m for all islands, etc.

The Union Ministry of Environ, Forest and Climate Change on Jan 18,
2019 notified the 2019 CRZ norms, replacing the existing CRZ norms
of 2011.
Objective of CRZ Regulations 2019
The new CRZ norms, issued u/s 3 of the EPA, 1986, aim to promote
sustainable development based on scientific principles taking into
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account the natural hazards such as increasing sea levels due to global
warming.
The norms also seek to conserve and protect the environment of coastal
stretches and marine areas, besides livelihood security to the fisher
communities and other local communities in the coastal area.
Key Takeaways

• The 2019 norms replace the existing CRZ norms of 2011.

• The new CRZ norms aim to promote sustainable development based on
scientific principles.
• There is no reduction in Development Zone
• For CRZ-III (Rural) areas, two separate categories have been stipulated -
CRZ-III A and CRZ-III B.
• Floor Space Index norms have been eased
• Tourism infrastructure permitted in coastal areas
• Coastal Regulation Zone clearances streamlined
• No Development Zone of 20 meters for all Islands

Salient Features of CRZ Regulations 2019

Two separate categories for CRZ-III (Rural) areas

CRZ-III A: The A category of CRZ-III areas are densely populated rural

areas with a population density of 2161 per square kilometre as per
2011 Census. Such areas have a No Development Zone (NDZ) of 50
meters from the High Tide Line (HTL) as against 200 meters from the
High Tide Line stipulated in the CRZ Notification, 2011.

CRZ-III B - The B category of CRZ-III rural areas have population

density of below 2161 per square kilometre as per 2011 Census. Such
areas have a No Development Zone of 200 meters from the HTL.

Floor Space Index Norms eased

As per CRZ, 2011 Notification, the Floor Space Index (FSI) or the Floor
Area Ratio (FAR) had been frozen. In the CRZ 2019 Notification, the
government decided to de-freeze the Floor Space Index and permit FSI
for construction projects.
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Tourism infrastructure permitted in coastal areas
The new norms permit temporary tourism facilities such as shacks, toilet
blocks, change rooms, drinking water facilities, etc. in Beaches. Such
temporary tourism facilities are a

Streamlining of CRZ Clearances

The procedure for CRZ clearances has been streamlined. Now, the only
such projects which are located in the CRZ-I (Ecologically Sensitive
Areas) and CRZ IV (area covered between Low Tide Line and 12 Nautical
Miles seaward) will be dealt with for CRZ clearance by the Ministry. The
powers for clearances with respect to CRZ-II and III have been
delegated at the State level.

No Development Zone of 20 meters for all Islands

For islands close to the main land coast and for all Backwater Islands in
the main land, No Development Zone of 20 meters has been stipulated
in wake of space limitations and unique geography of such regions.

Pollution abatement
To address pollution in Coastal areas, the treatment facilities have been
made permissible in CRZ-I B area subject to necessary safeguards.

Critically Vulnerable Coastal Areas (CVCA)

Sundarban region of West Bengal and other ecologically sensitive areas
identified as under EPA, 1986 such as Gulf of Khambat and Gulf of
Kutchh in Gujarat, Achra-Ratnagiri in Maharashtra, Karwar and
Coondapur in Karnataka, Vembanad in Kerala, Gulf of Mannar in Tamil
Nadu, Bhaitarkanika in Odisha and Krishna in Andhra Pradesh are
treated as Critical Vulnerable Coastal Areas.

These Critical Vulnerable Coastal Areas will be managed with the

involvement of coastal communities including fisher folk.
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Why we need a coastal zone protection act-By V Sundararaju
Updated: Fri 18 January 2019
If regulations listed in the CRZ Notification are implemented properly, coastal zones and
fragile ecosystems can be safeguarded

By V Sundararaju. Last Updated: Friday 18 January 2019

The coastal zone is a transition area between marine and territorial zones. It includes
shore ecosystems, wetland ecosystems, mangrove ecosystems, mudflat ecosystems, sea
grass ecosystems, salt marsh ecosystems and seaweed ecosystems.

It is assessed that about 4,800 billion tonnes domestic waste and 65 million tonnes solid
waste are dumped annually in the sea. Due to continuous onslaught on the coastal areas, the
extent of mangroves, coral reefs and fish breeding gets diminished adversely impacting
the livelihood of 200 million people who live along the 7,517 kilometre-long coastline of
our country.

Hence, it was decided to introduce a plan of action with an aim towards sustained utilisation
of the coastal zone. Based on that, the Coastal Regulation Zone (CRZ) notification was
issued in 1991 under the Environmental Protection Act, 1986, by the Ministry of
Environment and Forest to regulate activities in coastal areas of India.

CRZ consists of coastal land up to 500 m from the High Tide Line (HTL) & a stage of 100m
along the banks of creeks, estuaries, backwater and rivers where tidal fluctuations occur.
The coastal areas have been classified into four categories—CRZ-I, CRZ-II, CRZ-III and
CRZ-IV—in 1991 notification, which aimed at restricting est. of industries in these areas.

The ecologically sensitive areas that lie between high and low tide line, and are very much
essential for maintaining the ecosystems, are covered under CRZ-I. Natural gas exploration
and salt extraction are permitted in this zone.

The areas up to the shoreline of the coast are notified under CRZ-II. Unauthorised structures
are not allowed here. Rural and urban areas which fall outside CRZ-I and CRZ-II are
covered under CRZ-III. Only agriculture-related activities and public facilities are permitted
in this zone. Aquatic areas up to territorial limits are notified under CRZ-IV. Though
originally this zone was notified for Andaman & Nicobar and Lakshadweep islands, fishing
and allied activities were subsequently allowed here after due modification. It’s permitted to
let off solid waste in this area.

The 1991 notification was amended about 25 times—>

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considering the requests made by state govts, central ministries and NGOs, besides
many orders were issued by MoEFCC clarifying certain issues.

Finally, consolidating above modifications, a new notification was issued in 2011 based
on the recommendations made by the committee chaired by Dr M S Swaminathan on
coastal regulation.

2011 CRZ Notification—It aimed at ensuring livelihood security of the fishing

communities as well as other local communities who inhabit the coastal areas, conserving
and protecting coastal areas and promoting development in a sustainable manner based on
scientific principles.

CRZ area was classified as CRZ-I (ecologically sensitive areas),

CRZ-II (built-up areas),

CRZ-III (rural areas) and

CRZ-IV (water areas).

The only change made was the inclusion of CRZ-IV, which includes water areas up to the
territorial waters and the tidal influenced water bodies.

A separate draft Island Protection Zone Notification was issued for protection of the islands
of Andaman & Nicobar and Lakshadweep.

Presently, the MoEFCC has issued the Draft Coastal Regulation Zone Notification, 2018,
based on representations received from different coastal states, Union Territories and other
stake holders in supersession of the CRZ notification 2011.

It is clearly mentioned in the Draft that the present notification is issued with a view to
conserve and protect the unique environment of coastal stretches and marine areas,
besides livelihood security to communities and to promote sustainable development
based on scientific principles taking into account the dangers of natural hazards and
sea level rise due to global warming.

According to the new notification, the projects which are located in -

CRZ-I (ecologically sensitive areas) and CRZ-IV (areas covered between LTL and 12
nautical miles seaward) will require necessary clearance from the Union government.

The powers for clearances with respect to CRZ-II (areas that have been developed up to or
close to the shoreline) and CRZ-III (areas that are relatively undisturbed) have been
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delegated to the state govts. The construction norms on floor space index (FSI) have been
relaxed now. The new notification relaxed the No Development Zone (NDZ) criteria as well.

The Draft notification permits temporary tourism facilities such as shacks, toilet blocks,
changing rooms, drinking water facilities, etc, on beaches within 10 metres of the waterline,
making the state and even the town planning authorities empowered to grant permission.

Temporary tourism facilities are now permitted in NDZ of the CRZ-III areas. Again, the
CRZ-I is further classified into CRZ-I A consisting of the ecologically sensitive areas and
CRZ-I B covering the area between Low Tide Line (LTL) and HTL.

After classifying ecologically sensitive areas under CRZ-I A, activities such as mangrove
walks, tree huts, nature trails, etc, were exempted in the name of ecotourism as tourism.

Rural areas with a population of 2,161/square kilometre, which fall under CRZ-III A
shall now have NDZ of 50 m from the HTL, against 200 m stipulated in 2011 notification.

In the mangrove buffer, laying of pipelines, transmission lines, construction of road on stilts,
etc, that are required for public utilities are permitted.When such activities are permitted in
the fragile ecosystems, it is likely to disturb marine life further leading to depletion and
destruction of the ecosystems in due course of time.

Developing beach tourism may further lead to conflict with the fisher folk who depend on
the beach for their livelihoods. Already such conflict has started at the famous Marina Beach
in Chennai’s Nochikuppam—a historical fishing village.

The existing service road there was converted into a high-speed concrete road, where the
fishermen would earlier sell fish and repair their fishing nets. Setting up treatment facilities
to address pollution is now permissible in CRZ-I B areas. Defence and strategic projects
have been exempted.

Cyclone Ockhi that wrecked havoc in Kanyakumari district of Tamil Nadu, the erratic
monsoon that brought catastrophe to Kerala, cyclone Gaja that devastated about 12 districts
in Tamil Nadu and the failure of monsoon in the state all show how vulnerable India is to
sea-level rise, coastal flooding and climate change.

If the regulations listed in the CRZ Notification are implemented properly, the coastal zones
can be safeguarded against encroachments. However, since it is only a notification without
any punitive measures, it could not be enforced strictly.

Even the Comptroller and Auditor General (CAG) of India pointed out that the frequent
amendments, made to the notification, have paved way for commercial and industrial
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expansion in coastal areas, while natural disasters have become more frequent causing
severe loss to human lives and property.

The CRZ Notification 2011 entailed a Coastal Zone Management Plan (CZMP), to be
prepared by the coastal states within a year. However, till 2018, many states had not
prepared any plan; while few plans submitted lacked any proposal for housing
facilities for fisherfolk.
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