S.O. 595(E), Amendment to No. S.O. 114(E), dated 19 February 1991
The Government of India, Ministry of Environment and Forests issued Notification S.O. 595(E) on 18 August 1994 to amend Notification S.O. 114(E), dated 19 February 1991, which declared coastal stretches as Coastal Regulation Zones and restricted industries, operations and processes there. The amendment defines the High Tide Line, regulates development near tidal waters, and sets construction conditions within coastal areas.
What the notification changes
Notification S.O. 595(E), issued by the Government of India, Ministry of Environment and Forests on 18 August 1994, amends Notification S.O. 114(E), dated 19 February 1991. The earlier notification declared coastal stretches as Coastal Regulation Zones and restricted the establishment and expansion of industries, operations and processes within them.
The amendment followed examination by an expert committee chaired by Shri B. B. Vohra and consideration of public objections and suggestions.
High Tide Line and regulated distance
Notification S.O. 595(E) defines the High Tide Line as the landward line reached by the highest water during spring tide. It must be marked uniformly by an authority authorised by the Central Government, in consultation with the Surveyor General of India.
For rivers, creeks and backwaters:
- The distance from the High Tide Line applies on both sides.
- The distance may be modified case by case while preparing Coastal Zone Management Plans, with reasons recorded.
- It cannot be less than 50 metres or the width of the river, creek or backwater, whichever is less.
- Regulation extends only as far as the tidal effect of the sea is experienced.
- Coastal Zone Management Plans must clearly identify the regulated distance.
Construction controls
Notification S.O. 595(E) provides that a project proponent must not undertake construction within 200 metres on the landward side of the High Tide Line or in the area between the Low Tide Line and High Tide Line. The Central Government may permit construction after considering geographical features and the overall Coastal Zone Management Plans, recording reasons in writing, and imposing conditions or restrictions.
Other provisions include:
- Live fencing and barbed wire fencing with vegetation may surround private property only if public access to the beach is not obstructed.
- Sand dunes must not be flattened.
- Permanent sports structures are prohibited, except goal posts, net posts and lamp posts.
- Basements may be allowed only with a no objection certificate from the State Ground Water Authority confirming that groundwater flow will not be adversely affected.
- Although construction is not allowed in the no development zone, the entire plot area, including the portion within that zone, is counted when calculating floor space index.
Who may be affected
Notification S.O. 595(E) is relevant to owners, buyers and project proponents dealing with land near the sea, tidal rivers, creeks or backwaters. The applicable High Tide Line and regulated distance should be identified through the relevant Coastal Zone Management Plan.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I build within 200 metres of the High Tide Line?
A project proponent must not undertake construction within 200 metres on the landward side of the High Tide Line. The Central Government may permit construction after considering geographical features and Coastal Zone Management Plans, recording reasons, and imposing conditions.
Can I fence private coastal property?
Live fencing and barbed wire fencing with vegetative cover may be allowed around private property, provided the fencing does not obstruct public access to the beach.
Can a basement be built on land covered by the notification?
A basement may be allowed if the State Ground Water Authority issues a no objection certificate confirming that it will not adversely affect the free flow of groundwater.
How is the regulated distance measured along a creek, river or backwater?
The distance from the High Tide Line applies on both sides and follows the extent of the sea's tidal effect. It may be modified through the Coastal Zone Management Plan, but cannot be less than 50 metres or the water body's width, whichever is less.
