S.O. 550(E), Coastal Regulation Zone Amendments, 2002
The Government of India, Ministry of Environment and Forests issued Notification S.O. 550(E) on 21 May 2002 to further amend Notification S.O. 114(E) dated 19 February 1991 on Coastal Regulation Zones. It changes how tidal reach is mapped along rivers, creeks and backwaters, sets assessment and decision periods, and adds provisions concerning housing schemes, rare mineral mining, public facilities and Special Economic Zones. It does not replace the 1991 notification, it amends it.
What the notification changes
Notification S.O. 550(E), issued by the Government of India, Ministry of Environment and Forests on 21 May 2002, changes the Coastal Regulation Zone requirements introduced by Notification S.O. 114(E) dated 19 February 1991. The changes affect land and projects near coasts, tidal rivers, creeks and backwaters, including certain housing schemes and developments in Special Economic Zones.
Tidal rivers, creeks and backwaters
Notification S.O. 550(E) provides that the distance from the High Tide Line applies on both sides of rivers, creeks and backwaters.
- The distance may be modified case by case while preparing Coastal Zone Management Plans, with reasons recorded in writing.
- It cannot be less than 100 metres or the width of the creek, river or backwater, whichever is less.
- Regulation extends to the distance where tidal effects are experienced.
- Tidal reach is determined using a salinity concentration of 5 parts per thousand.
- Salinity must be measured during the driest period of the year.
- The tidal reach must be identified and marked in Coastal Zone Management Plans.
These provisions can affect whether riverside or backwater property falls within a regulated coastal area.
Approvals and processing periods
Notification S.O. 550(E) requires assessment to be completed within 90 days after the project authority supplies the required documents and data. The decision must then be communicated within 30 days.
The amendment adds provisions covering:
- Housing schemes in specified Coastal Regulation Zone areas.
- Mining of rare minerals.
- Specified activities and facilities in Special Economic Zones, subject to one time approval from the Government of India, Ministry of Environment and Forests, based on the Special Economic Zone Master Plan and the proposed distribution of projects.
Construction and facilities
Notification S.O. 550(E) allows specified local facilities to be considered case by case by the relevant Coastal Zone Management Authority. These include dispensaries, schools, public rain shelters, community toilets, bridges, roads, water supply, drainage and sewerage facilities needed by local residents. Domestic sewage treatment and disposal units and their supporting facilities may also be permitted.
In notified Special Economic Zones, specified construction may be permitted for nonpolluting information technology and service industries, desalination plants, beach resorts and related recreational facilities approved in the Special Economic Zone Master Plan. The amendment also addresses salt harvesting by solar evaporation of seawater and a limited exception for certain phased state urban development authority housing schemes that had approvals and construction activity before 19 February 1991.
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Common questions
Can property beside a tidal river or backwater fall within the Coastal Regulation Zone?
Yes. Notification S.O. 550(E) applies the High Tide Line distance on both sides of rivers, creeks and backwaters and regulates development up to the identified tidal reach.
How is the tidal reach along a river, creek or backwater determined?
It is determined using a salinity concentration of 5 parts per thousand, measured during the driest period of the year. The resulting distance must be identified and marked in the Coastal Zone Management Plan.
How long should a Coastal Regulation Zone project assessment take?
The assessment must be completed within 90 days after the required documents and data are received from the project authority. The decision must be communicated within the following 30 days.
Are information technology and service industry projects automatically allowed in a coastal Special Economic Zone?
No automatic approval is stated. Specified Special Economic Zone activities require approval based on the Special Economic Zone Master Plan, project locations and other required information.
