All about CRZ

SRINATH SRIDEVAN How do the building regulations affect people living in coastal areas, and what are the other restrictions placed on construction activity there?

THE RECENT tsunami has wrought much havoc and destruction along the coastal areas, wiping out whole villages, lives and futures, and changing people's destinies arbitrarily. Many readers now want to know more about construction restrictions in the coastal areas. There are several building regulations applied by the local bodies having jurisdiction in that respective area, such as the Chennai City Municipal Corporation (constituted under the Chennai City Municipal Corporation Act, 1919), the Directorate of Town and Country Planning and the Chennai Metropolitan Development Authority (constituted under the Tamil Nadu Town and Country Planning Act), the respective municipalities (under the Tamil Nadu District Municipalities Act, 1920), and the respective panchayats (under the Tamil Nadu Panchayats Act, 1994). Apart from these regulations, there are two other important rules in force, which regulate construction activities in the coastal areas. One is the Coastal Regulation Zone Notification, which was issued on February 19, 1991, and subsequently amended several times up to date. The second is the Chennai Metropolitan Area Groundwater Regulation Act, which has come into force on and from November 21, 2002 . Apart from these, the Ministry of Environment and Forests has provided that large-scale projects should undergo a mandatory Environmental Impact Assessment prior to clearance. Now, the question is: How do these various regulations affect you? The answer is: If your dream has always been to have an apartment (or a villa, if you can afford it) looking out over the blue sea, watching the sun rise and the waves crash into the sand, then, you had better ensure that your dream is not an illegal development or other deviant construction. An illegal construction is liable to demolition, besides being inherently unsafe as Nature has amply demonstrated to us now. The Coastal Regulation Zone comprises of the entire coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) up to 500 metres from the High Tide Line and includes the land between the Low Tide Line and the High Tide Line. This CRZ has been classified into four types:

CRZ - 1: This comprises of areas which are ecologically important and which are areas of natural beauty/heritage areas. CRZ - 2: This comprises of lands which are between the Low Tide Line and the High Tide Line and which are substantially built up. CRZ - 3: This comprises of lands which do not fall into either CRZ1 or CRZ2, and includes areas within municipal or panchayat limits which are not substantially built up. CRZ - 4: This comprises of the Andaman and Nicobar and Lakshadweep Islands. As we are primarily concerned with CRZ2 and CRZ3, I will restrict myself to the same, for the sake of brevity. In the CRZ2, no construction is permitted on the seaward side of a road, or on the seaward side of existing constructions. Reconstruction of existing buildings is permitted subject to certain norms. The buildings must be built in such a way as to blend in with the surroundings. In the CRZ3, no construction shall be made within 200 m. of the High Tide Line, subject of course to the developer's right to maintain the same as open parks or playfields or other recreation area. Development between 200 and 500 m. is permitted for hotel purposes subject to clearance from the Central Ministry. There are also other restrictions on construction. The other restrictions applicable in these CRZ areas are: (1) The overall height of construction up to the highest ridge of the roof cannot exceed 9 metres and the construction cannot be more than 2 floors (ground floor plus one upper floor); (2) Ground water cannot be tapped within 200 m of the High Tide Line; and within the 200 metres-500 metres zone, it can be tapped only with the concurrence of the State Government; (3) Extraction of sand, levelling or digging of sandy stretches, except for structural foundation of building swimming pool is not permitted within 500 metres of the High Tide Line. This is as far as the environmental regulations are concerned. As far as the Groundwater Regulation Act is concerned, the law now states that on or after November 21, 2002, "every person who constructs a building, whether for residential or non-residential purpose, shall provide rainwater harvesting structures in such manner as may be prescribed". There are also restrictions on sinking of wells or utilisation of open water sources. Thus, if you are buying a flat or a house within the areas covered by either of these regulations, make sure that they are duly complied with. (The author holds a Masters Degree in Corporate Law from New York University and is a Partner in the firm Sridevan and Krishnaswami, Chennai)

Precautions for land deals in coastal zone

Norms have been prescribed for regulating development activities
PHOTO: N.SRIDHARAN

CAUTIOUS BUY: Check property in coastal areas for compliance. The State Government has taken initiatives to increase awareness in respect of Coastal Regulation Zones (CRZ). This has been mainly due to the devastation caused by Tsunami. In spite of Tsunami , many would prefer to have a beach house. It is, therefore, useful to know what is meant by CRZ and how it may affect the interests of those who deal with properties covered by CRZ categories. There have been several CRZ notifications and amendments. Certain activities are prohibited. Certain activities are regulated. Norms have been prescribed for regulating development activity. It may be surprising for you to note that there are various categories of CRZ. The coastal stretches within 500 metres of the high tide land are classified into four categories, namely, Category I (CRZ-I), Category II (CRZ-II), Category III (CRZ-III) and Category IV (CRZ-IV). You must have an idea of what is meant by the terms `Low Tide Line' and `High Tide Line'. `Low Tide Line' is the seaward limit to which the waves recede during low tide. `High Tide Line' means the line on the land up to which the highest waterline reaches during the spring tide. For rivers, creeks and similar water sources, the High Tide Line has to be demarcated on either side. Ecologically sensitive CRZ-I covers areas that are ecologically sensitive and important, such as national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals, coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty, areas of historical importance, heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level following global warming and such other areas as may be declared by the Central Government or the authorities concerned at the State or Union Territory level from time to time. This also includes the area between the Low Tide Line and the High Tide Line. CRZ-II covers the areas that have already been developed up to or close to the shoreline. For this purpose, the "developed area" is referred to as that area within the municipal limits or in other legally designated urban areas which are already substantially built up and havebeen provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.

CRZ-III covers the areas that are relatively undisturbed and those which do not belong to either Category-I or II. These include the coastal zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas which are not substantially built up. Coastal stretches CRZ-IV refers to the coastal stretches in the Andaman and Nicobar, Lakshadweep and small islands other than those designated as CRZ-I, CRZ-II or CRZ-III. Views differ on whether construction should be permitted along the coastline or not. There is also a view that the coastal zone should be managed and not regulated. However, as things stand, any construction activity between the Low Tide Line and the High Tide Line, subject to certain exceptions, is prohibited. No new construction shall be permitted within 500 metres of the High Tide Line in CRZ-I. No construction activity, except facilities for carrying treated effluents and waste water discharge into the sea, facilities for carrying sea water for cooling purposes, gas and similar pipelines and certain essential facilities, is permitted between the Low Tide Line and the High Tide Line. In CRZ-II, buildings are permitted only on the landward side of the existing road (or roads proposed in the approved Coastal Zone Management Plan of the area) or on the landward side of existing authorised structures. Buildings permitted on the landward side of the existing and proposed road or existing authorised structures are subject to the existing local Town and Country Planning Regulations including the existing norms of Floor Space Index (FSI) or Floor Area Ratio (FAR). Reconstruction of the authorised buildings may be permitted subject to the existing FSI or FAR norms and without change in the existing use. In CRZ-III, the area up to 200 metres from the HTL is to be earmarked as `No Development Zone'. No construction is permitted within this zone except for repairs of existing authorised structures not exceeding the existing FSI, existing plinth area and existing density. Construction of facilities for water supply, drainage and sewerage requirements for local inhabitants may be permitted. Uses such as agriculture, horticulture, garden pastures, parks, play fields, forestry and salt manufacture from seawater may also be permitted. Development of vacant plots between 200 and 500 metres of High Tide Line in designated areas of CRZ-III with prior approval of the Ministry of Environment and Forests may be permitted for construction of hotels or beach resorts for temporary occupation of tourists or visitors subject to the conditions stipulated in the relevant guidelines. In CRZ III, construction or reconstruction of dwelling units between 200 and 500 metres of the HTL may be permitted so long as it is within the ambit of certain traditional rights and customary uses. The building permission for such construction or reconstruction will be subject to certain conditions relating to the total number of dwelling units, total area coverage, overall height, number of floors, etc. Construction activity with regard to public rain shelters, community toilets, water supply, drainage, sewerage, roads and bridges, schools and dispensaries for local inhabitants can be permitted. These regulations may vary depending on whether there is a port, Special Economic Zone or a zone categorised for special development in the area concerned. It is clear that for the usual transaction of sale or purchase and other dealings in real estate or the development or construction of property in CRZ areas is subject to a number of limitations and restrictions. The reports suggest that the Ministry of Environment and Forests is planning to make major amendments to the CRZ. The author is partner, RANK Associates Advocates, Chennai.