Regulations
Coastal Regulation Zone (CRZ)
Under the Environment Protection Act, 1986 a notification was issued in February, 1991, for regulation of activities in the coastal area by the Ministry of Environment and Forests (MOEF). As per the notification, the coastal land up to 500m from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries, backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation Zone(CRZ). CRZ along the country has been placed in four categories. The above notification includes only the inter-tidal zone and land part of the coastal area and does not include the ocean part.
Classification of Coastal Regulation Zone
For regulation of developmental activities, the coastal stretches within 500m of HTL on the landward side are classified into four categories, viz..
- Category I (CRZ-I)
- Category II (CRZ - II)
- Category III (CRZ-III)
- Category IV (CRZ-IV)
Category I (CRZ -I):
a) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wild habitats, mangroves, corals/coral reefs, area close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty, historical and heritage areas, areas rich in genetic biodiversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such areas as may be declared by the authorities.
b) Areas between the Low Tide Line and High Tide Line
Regulations:
No new constructions shall be permitted within 500m of the HTL.
Category II (CRZ -II)
The area that have already been developed up to or 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.
Regulations:
a) Buildings shall be permitted neither on the seaward side of the existing road(or roads proposed in the approved Coastal Zone Plane of the area) nor on the seaward side of the existing and proposed road. Existing authorized structures shall be subject to the existing local Town and Country Planning regulations including the existing norms of FIS/FAR
b) Reconstruction of the authorized building to be permitted subject to the existing FSI/FAR norms and without change in the existing use.
c) The design and construction of buildings shall be consistent with the surrounding landscape and architectural style
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 areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up
Regulations:
a) The area up to 200m from the HTL is be earmarked as 'No Development Zone'. No construction shall be permitted in this zone except for repairs of existing authorized structures not exceeding existing FSI, existing plinth area and existing density. However, the following uses may be permissible in this zone-agriculture, horticulture, gardens, pastures, parks, play fields, forestry and salt manufacture from sea water.
b) Development of vacant plots between 200 and 500m of High Tide Line in designated areas of CRZ-III with prior approval of Ministry of Environment and forests permitted for construction of hotels/beach resorts for temporary occupation of tourists / visitors.
c) Construction/ reconstruction of dwelling units between 200m and 500m of the High Tidal Line permitted so long as it is within the ambit of traditional rights and customary uses such as existing fishing villages. Building permission for such Construction/reconstruction will be subject to the conditions that the total member of dwelling unit shall not be more than twice the number of existing units; total area covered on all floors shall not exceed 9 meters and construction shall not be more than 2 floors (ground floor plus one floor).
d) Reconstruction/alteration of an existing authorized building permitted subject to (1) to (3) above.
Category IV (CRZ-IV)
Coastal stretches in the Andaman and Nicobar Islands, Lakhadweep and small islands, except those designated as CRZ I, CRZ II and CRZ III.
Regulations
Andaman and Nicobar Islands:
1. No new construction of buildings shall be permitted within 200m of HTL.
2. The buildings between 200m and 500m from the HTL shall not more than 2 floors, the total area covered on all floors shall not be more than 50% of the plot size and total height of construction shall not exceed 9m.
3. The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.
4. Corals and sand from the beaches and coastal waters shall not be used for construction and purposes.
5. Dredging and underwater blasting in and around coral formations shall not be permitted
6. However, in some of the islands, coastal stretches may also be classified into categories of CRZ-I or II or III with the prior approval of the MoEF and in such designated structures.
Activities prohibited within the CRZ
The following activities are declared as prohibited within the CRZ
1. Setting up of new industries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities.
2. Manufacture or handling or disposal of hazardous substances.
3. Setting up and expansion of fish processing units including warehousing excluding hatchery and natural fish drying in permitted areas)
4. Setting up and expansion of units/mechanism for disposal of waste and effluents into the water course.
5. Discharging of city untreated waters and effluents from industries, cities or towns and other human settlements.
6. Dumping of city or town waste for the purposes of land filling or otherwise; the existing practice, if any, shall be phased out within a reasonable time not exceeding three years from the date of notification.
7. Dumping of ash or any wastes form the date of notification.
8. Land reclamation, building or disturbing the natural course of sea water with similar observations, except those required for control of coastal erosion and maintenance or sandbars except tidal regulators, storm water recharge.
9. Mining of sand, rocks and other substrata materials not available outside CRZ areas.
10. Harvesting or drawl of groundwater and construction of transfer within 200m 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.
11. Construction activities in ecologically sensitive areas
12. Any construction between LTL and HTL except facilities for carrying treated effluents and waste discharges, oil, gas and similar pipelines and dressing or altering of sand dunes, hills natural features including landscape changes for beautification, recreational and other such purposes.
Kerala Building Rules (KBR)
In Kerala, property development is subject to strict control. Most development work including either construction or altering an existing building or changing the use of the property may not be undertaken without permission from the concerned local authorities. An application for the development permit along with the drawings certified by qualified architect / Engineer must be made to the concerned local authority where the property belongs (Corporation/ Municipal / Panchayath). In addition to obtaining building permit, one needs to ensure that any alterations comply with the regulation (KBR). These regulations set standards for design and construction of buildings and address particularly minimum set-back of the building with respect to the road and so on.
Salient Features of KBR
- The building should be at a minimum distance of 3 Meters from the road facing sides.
- The building should have minimum distance of 1 Meter and 1.2 Meter on either side.
- The building should have a minimum distance of 1.5 Meter from the rear side.
- The Built up Area is sanctioned based on the width of the approach road to the property.
- The Building Permit is issued for Three Years and has to be renewed if the proposed construction could not be taken up.
- There are restrictions to construct building on areas which are near to sea, rivers, lake and so on as per regulations of CRZ (Coastal Regulation Zone).
- There are restrictions to construct near Main Roads and National Highways.
- There are restrictions to construct certain type of construction at specific zones such as Green Zone or Agricultural Zone as assigned by concerned local authority.
- There are restrictions to construct in frozen areas where construction is prevented by local authority.
