Review of RRZ and CRZ notification in Maharashtra. by-P.P.nandusekar

REVIEW OF RRZ & CRZ NOTIFICATION IN MAHARASHTRA

– a discussion Paper

P.P. Nandusekar, Retired PSO MPCB & Advisor Environment, MIDCDate – 10th & 11th January 2013Venue – IIT Bombay.

INDEX 1. Introduction2. Classification of river3. Activity permissible & restriction as per RRZ

Notification dtd.15.07.20004. Activity permissible & restriction as per RRZ

Notification dtd.13.07.20095. Comparison of RRZ 15.07.2000 & 13.07.20096. Needs of Reclassification of rivers7. Comparison between CRZ Notification 1991 & CRZ

Notification 20118. FAQ on Coastal Regulation Zone (CRZ) Notification

20119. Recommendation

By P.P.Nandusekar04/12/2023

INTRODUCTION In the middle of 1970, Government of Maharashtra declared Pollution prevention

area as per the river basin. After declaring the 20 main rivers as notified rivers, complete Maharashtra State declared as a Pollution prevention area. The rivers are classified as A-I, A-II, A-III & A-IV and SW-II class of water as per the beneficial use of the water. The virgin stretches in the river from the source up to the 1st storage dam on the river was considered as A-I class of water. It was also necessary to protect the virgin of the river in the high state of purity as basically, this stretch of the river supply pure water to downstream stretches of the river. The state of Government of Maharashtra has adopted certain policy in July 2000 regarding restriction of location of industry/industrial estate along with the bank of river in the state. Review of the these restrictions from the location of the industries with reference to improvement of the river water quality a new notification is issued by Environment Department, GoM on 13th July 2009.

Similarly Government of India issued CRZ notification in 1991 & same is revise in 2011 for the restriction of the activity & allowing certain activity along with the cost side of the sea by classifying CRZ area as CRZ -1, CRZ-2, CRZ-3, CRZ-4 & CRZ-5. There are certain difficulty are faced for implementing & also the classification of the river is done, about 40 years back which needs to review as Clean Technology & Modern Technology are available for pollution control arrangement now days.


CLASSIFICATION OF RIVER


Rivers of Maharashtra• The geographical area of Maharashtra state is 308 lakh ha and its cultivable area is 225 lakh ha. Out of this, 40% of the area is drought prone. About 7% of the area isflood prone.

• The highly variable rainfall in Maharashtra ranges from 400 to 6000mm and occursin a four month period between June - Sept with the number of rainy days varyingbetween 40 and 100.

• The estimated average-annual availability of water resources consist of 164 km3 ofsurface water and 20.5 km3 of subsurface water.

• In Maharashtra, of the 5 river basin systems, 55% of the dependable yield isavailable in the four river basins (Krishna, Godavari, Tapi and Narmada) east of theWestern Ghats. These four river basins comprise 92% of the cultivable land andmore than 60% of the population in rural areas.

• * 45% of state's water resources are from West Flowing Rivers which are mainlymonsoon specific rivers emanating from the Ghats and draining into the ArabianSea.


ACTIVITY PERMISSIBLE & RESTRICTION AS PER RRZ NOTIFICATION DTD.15.07.2000

MIDC has developed the industrial areas at Mahad, Roha, Patalganga etc. on the bank of rivers Savitri, Kundalika & Patalganga respectively . MIDC has made arrangement for collection, treatment (CETP) & disposal of Waste water from these areas into the saline zone. Due to non-operation in ETP in individual industry, pollution of drinking water supply scheme on the Patalganga river & Municipal water supply scheme on Kundalika river were required to be shifted on the upstream side, due to occasional pollution cause by the industries in these areas.

The experience as mentioned above suggested it will be necessary to have a policy for location of industries away from the river rine system to protect the Rivers, Dams & Reservoirs in the State of Maharashtra was therefore prepared. Accordingly by MPCB during in the year 1994-95 & in the year 1996 , and it was approved by the MPCB. From the later year this was approved the State Government in the year 2000 & notified on 15.07.2000.

The Restriction is applicable to industrial areas to be developed by MIDC also. However, for an existing MIDC industrial area where land has been acquired and developed, but the plot allotment has not been done, in such case the restrictions for developing industries shall be applicable up to 500 m from HFL of the river on both sides in A-II class area. Notified rivers in state of Maharashtra and the classification of their catchment area is as decided by department of environment, Government of Maharashtra.


The abstract of the restriction is as under.

Sitting Criteria Of Industries

Classes No Development zone for any

type of industries

Only green & orange category of industries with pollution control

devices.

Any type of industries (Red, Orange, Green ) with pollution control

devices

A-I 3 Km on the either side of river

From 3 Km to 8 Km from river (H.F.L.) on either side

Beyond 8 Km from river (H.F.L.) on either side.

A -II 1 Km on the either side of river.

From 1 Km to 2 Km from (H.F.L.) on either side


A -III 1/2 Km on the either side of river

From 1/2 Km to 1 Km from river (H.F.L.) on either side


A- IV 1/2 Km on the either side of river

From 1/2 to 1 Km from river (H.F.L.) on either side

Beyond 1 Km from river (HFL.) High Flood Line on either side.


ACTIVITY PERMISSIBLE & RESTRICTION AS PER RRZ NOTIFICATION

DTD.13.07.2009

Industrial locational policy of the year 2000 was in fact based on experience of the MPCB & State Government in terms of Bhasta (with designated no development zone) and some rivers (restrictions / negative list of the categories of industries) in the coastal bet. It did not take into full account of the situation of the other rivers & needs of the overall sustainable development in the State as enunciated in the agenda 21 & National policy on Environment & Development in 1992 & policy statement on amendment on pollution of 1992 issued by MoEF, Government of India.


COMPARISON OF RRZ 15.07.2000 & 13.07.2009The comparison of the sitting of the industries between the RRZ notification of 15th July 2000 & 13th July 2009 is as below:Sitting Criteria for industries as per RRZ policy 15-7-2000 & 13 -7-2009 in Maharashtra.

Sr No Distance Activity15-7-2000 13-7-2009

A-I Class of water1 0 to 500 meter NDZ NDZ2 3000 to 5000 meter G&O categery G&O categery3 more than 8000 meter Red & all type Red & all type


A-II Class of water(Non MIDC)1 0 to 500 meter <-> NDZ2 0 to 1000 meter NDZ <->3 500 to 1000 meter <-> G4 1000 to 2000 meter G&O O5 More than 2000 meter Red & all type Red & all type


A-II Class of water MIDC (CETP)1 0 to 500 meter NDZ NDZ*2

more than 500 meterExisting MIDC where developed but not allotted the plot (G,O &R)

<->

3500 to 750 meter

Existing MIDC where developed but not allotted the plot (G,O &R)

G&O

4more than 750 meter

Existing MIDC where developed but not allotted the plot (G,O &R)

Red & all type

*Exemption 5 0 to 100 meter <-> Commercial activity not allowed6 100 to 500 meter <-> As per govt. notification noted 30-06-2006


A-III & A-IV Class of water1 0 to 500 meter NDZ NDZ2 500 to 1000 meter G&O G&O3 more than 1000 meter Red & all type Red & all type

*Note :-NDZ - NO Development Zone, G:- Green , O:- Orange, R:- Red

RRZ 13th July 2009 - As per the point No.10, it is necessary to take review of the category of the industries on the basis of Clean Technology & Latest Modern Technology for the pollution control every two years from the date of this notification revised categorization of the industries should be available on the website of MPCB & Environment Department.


NEEDS OF RECLASSIFICATION OF RIVERSI. In Konkan Coastal basin – The river namely Savitri, Vashiti, Shashtri, Jog, Muchkardi, Gad (Near

Savarde in Ratnagiri Dist.) Gad (Near Kankavli in Sindhudurg Dist.) Kal (Near Addl. MIDC Mahad).

II. Kundalika River basin – Kundalika river basin is classified as SW-II class of water from Arekhund to confluence with sea, but there is not WERI/Barrier at Arekhund to the separation of fresh water & saline water.

III. In Lower Godavari River basin- Some of the river such as Purna, Kaipura, Dhudhana, Yalganga, Dhora, Kunalika, Sindhaphana, Manjra, Terna, Manar, Tiru are classified as A-II class of water from origin to confluence with Godavari river. Whereas, it is mentioned in the notification that origin to 1st dam is classified as A-I class of water, whereas Yeldari dam is constructed on Purna river. So there is need for reclassifying the river water quality.

IV. Nira River basin- From downstream of Vir dam to confluence with the Bhima is classified A-IV class of water & after the confluence Bhima river is classified as A-II class of water. Review is to be taken for classifying A-IV class of water of Nira river as industries are allow after the 500 m in A-IV class of water & whereas industries are allowed after the 2 Km. in A-II class of water.

V. North & New Bombay River basin – Kasadi River is classified as A-II class of water in the notification dtd.13th July 2009, whereas this river was not included in the classification in the notification dtd.15.07.2000. Moreover the some stretch of the river falls under saline zone which to be classified in SW-II class of water. Industries association has already made representation for denotifying this river, hence review is necessary.

VI. Patalganga River – River Balganga is classified as A-I class of water from origin to crick. No stretch of this river is classified as A-II class of water. The dam on Balganga River in Raigad District is on constriction of the storage capacity 127.7 MCM. Hence there is need for review of the classification of this river.

VII. SuKhana River - Sukhana River is considered A-II class water from origin to confluence with Godavari River, whereas 1st dam from origin is constructed as called Sukhana Dam. Hence, some review has to be taken also.


VIII. Godavari River – Godavari River from origin to Gangapur dam is considered as A-I class of water. However it is observed that, the Trimbkeshwar City is located on the obstrim of Gangapur dam in A-I class of water. The sewage water from the City Trimbkeshwar is discharged into the Godavari River. Hence it is felt that, the revised classification from the origin to Gangapur dam is necessary.

IX. Tapi River basin – Girna river, Gomati river, Burai river & Panjarakan river are classified in A-II class of water from origin to the confluence with the Tapi, but not classified any stretch of these in A-I class of water, whereas Girna dam is constructed on Girna river. Hence lead to be review of the classification.

X. Ulhas River basin- River Bhatsa is classified from origin to confluence with Ulhas River (Saline water zone) in the A-I class of water, which need to be review as Bhatsa dam is on the Bhatsa River. Similarly Kalu river is also classified in the A-I class of water from origin to confluence with Ulhas river (Saline water zone), in view of construction of the dam on Kalu river.

XI. SSI in chemical section could not afford do install individual effluent treatment plant due to lake of Techno-economic viability. SSIs were generating highly toxic effluent though less in quantity. It had created havoc hence, the concept of common effluent treatment plant (CETP) was introduced by the MoEF in 1992-93.

XII. Policy of dilution by way of disposal of effluent in to the sea over the years has not been so effective in terms of capital cost & operational cost. There are also difficulties in the maintenance of the pipe lines. Because of the partial or inadequate treatment of effluent pipeline also got damaged now & then resulting discharges into the river. It has therefore become imperative that performance standards of CETP are improved & treated waste water be put in re-use /recycling after the tertiary treatment.

NEEDS OF RECLASSIFICATION OF RIVERS


XIII. Ground water disposal of effluent was restored to protect the rivers. The standards for land disposal was adopted as BOD.:100 ppm & COD :250 ppm. However it was not possible for the MPCB to verify the compliance due to technical difficulty because even effluent disposed on land in violation of standards, it is not possible to draw the sample & fix the default. More often, even the land available for disposal of effluent was also found inadequate. In rainy season, land disposal was found in effective. Flow of leaches of effluent from underground in to rivers was also observed. As a result, contamination of groundwater at several places in the State particularly around the industrial area. Based on the study by NEERI at Butibori (Nagpur) and Waluj (Aurangabad) MPCB has decided to stipulated effluent standards of BOD: 30 ppm and COD:100 ppm which are “stream standard”, Ground water is considered as “stream as defined in the Water Act 1974.

XIV. After the suggestion given by Industries Department & also from other Government department & also from Industrial Associations, Environment department, GoM has also issued a public notice through Newspaper on 09.08.2008 for calling suggestions /improvement /objection within 30 days period. Accordingly Environment department

has issued a revise RRZ policy dated 13.07.2009. for the improvement of river water quality.

NEEDS OF RECLASSIFICATION OF RIVERS


COMPARISON BETWEEN CRZ NOTIFICATION 1991 & CRZ NOTIFICATION 2011

Seas, bays, estuaries: land upto 500 m from HTLRivers and creeks (>350m wide): 150 mRivers and creeks (100-350 m wide): 100 m.Rivers and creeks (<100 m wide): Width of river/creek

Coastal Zone Definition and Classification1991Specified Distance

from HTL

CZMP

• CRZ I

Ecologically sensitive areas (national parks/marine parks, mangroves)

Areas between HTL and LTL

• CRZ II

Areas from HTL to 500 m or specified distance, within municipal limits or substantially built up

• CRZ III

Areas not in either CRZ-I or CRZ -II

Classification


COASTAL REGULATION ZONE (CRZ) 1991

TSUNAMI !!!

Dr .Swaminathan Committee Report , Feb 2005

Draft CMZ Notification 1st May 2008

Lapsed on 22nd July 2009

DRAFT CRZ NOTIFICATION 2011

7th September 2011 Conserve and Protect Coastal resources and Environment

Protect Coastal Population and Coastal structures from Natural HazardsBy P.P.Nandusekar04/12/2023

SALIENT FEATURS OF DRAFT NOTIFICATION 2011

• Areas up to 12 nautical miles & area of the tidally influenced (5 ppt) water

bodies are classified as CRZ-IV.

• Hazard map line based on tide, waves, sea level rise and shore line changes

demarcated by MoEF through Survey of India.

• Roads on stilts, coastal police station and helipad for defense and security purpose allowed in CRZ- I

• Mining of sand, rocks prohibited in CRZ areas and as the new notification covers even the territorial waters, the sand mining/dredging will be a completely banned activity.

Special Features of CRZ 2011


Special Considerations for Greater Mumbai MCGM area- CRZ V- special consideration.

Construction of Missing links of roads approved in Development plan permitted provided they are constructed on stilt while passing through CRZ-I areas

SRA schemes permitted with the FSI permissible on the date of sanction of the scheme, provided such schemes are undertaken through Government/parastatal agency like MHADA,MMRDA etc. and having 51% stake in the project

Redevelopment of dilapidated, cessed and unsafe buildings permitted with FSI as prevailing on the date of sanctioning the scheme

Reconstruction and repair to the dwelling units belonging to fishermen to be processed on priority basis


REDEVELOPMENT OF DILAPIDATED, CESSED AND UNSAFE BUILDINGS:

(1) Such redevelopment or reconstruction projects shall be allowed to be taken up involving the owners of these buildings either above or with private developers in accordance with the prevailing Regulation, directly or through joint ventures or through other similar models.

(2) The Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority.

(3) Suitable accommodation to the original tenants of the specified buildings shall be ensured during the course of redevelopment or reconstruction of the buildings by the project proponents, undertaking the redevelopment through condition (1) above.


FAQ ON COASTAL REGULATION ZONE (CRZ) NOTIFICATION 2011

1) Why is there a need for a Coastal Regulation Zone Notification, 2011 ?

• The Ministry of Environment and Forests had issued the Coastal Regulation Zone (CRZ) Notification on 19.2.1991 under the Environment (Protection) Act, 1986, with the aim to provide comprehensive measures for the protection and conservation of our coastal environment. However, over the last two decades the following issues emerged while implementing the 1991 Notification:

• The 1991 Notification stipulated uniform regulations for the entire Indian coastline which includes 5500 Km coastline of the mainland and 2000 Km of coastline of the islands of Andaman & Nicobar and Lakshadweep. It, therefore, failed to take into account that the Indian coastline is highly diverse in terms of biodiversity, hydrodynamic conditions, demographic patterns, natural resources, geomorphological and geological features.

• In the 1991 Notification, no clear procedure for obtaining CRZ clearance was laid down and no time lines stipulated. Furthermore, there was no format given for the submission of clearance applications.

• It may be noted that the 1991 Notification, also did not provide a post clearance monitoring mechanism or a clear cut enforcement mechanism to check violations.


• The 1991 Notification sought to regulate all developmental activities in the inter-tidal area and within 500 metres on the landward side. No concrete steps were indicated in the 1991 Notification with regard to the pollution emanating from land based activities

• The restrictive nature of the 1991 Notification caused hardships to the persons/communities living in certain ecologically sensitive coastal stretches. These included slum dwellers and other persons living in dilapidated and unsafe buildings in Mumbai, communities living in islands in the backwaters of Kerala, local communities living along the coast of Goa and other traditional coastal inhabitants

• The 1991 Notification has been amended almost 25 times in consideration of requests made by various State Governments, Central Ministries, NGOs etc. In addition, there are also several office orders issued by Ministry of Environment and Forests clarifying certain provisions. The frequent changes to the 1991 Notification have been consolidated in the 2011 Notification

• The 2011 Notification takes into account and address all the above issues in a comprehensive manner, relying on the recommendations made in the “Final Frontier” Report by the Committee chaired by Dr. M.S. Swaminathan on Coastal Regulation and the findings of the various consultations held in various coastal States and Union territories. The Minister of State (I/C) personally presided over the consultations in Goa, Chennai, Puri, Kochi and Mumbai


2) What are the objectives of the Coastal Regulation Zone Notification, 2011 ?

The main objectives of the Coastal Regulation Zone Notification, 2011 are:• To ensure livelihood security to the fishing communities and other local communities

living in the coastal areas; • To conserve and protect coastal stretches and; • To promote development in a sustainable manner based on scientific principles,

taking into account the dangers of natural hazards in the coastal areas and sea level rise due to global warming.

II. Identification and Classification of CRZ Areas under the 2011 Notification

1) How have the coastal zones been classified under the 2011 Notification?

• In the 1991 Notification the CRZ area was classified as CRZ-I (ecological sensitive), CRZ-II (built-up area), CRZ-III (Rural area) and CRZ-IV (water area). In the 2011 Notification the above classification is retained. The only change is the inclusion of CRZ-IV, which includes the water areas up to the territorial waters and the tidal influenced water bodies.

• For the very first time, a separate draft Island Protection Zone Notification has been issued for protection of the islands of Andaman & Nicobar and Lakshadweep under Environment (Protection) Act, 1986.


2) What are the coastal areas that qualify as falling within the CRZ-I category ?

The CRZ Notification, 2011 clearly lists out the areas that fall within the category of CRZ-I. It includes:-

(i) Ecologically sensitive areas and the geomorphological features that play a primary role in maintaining the integrity of the coast.

• Mangroves, in case mangrove area is more than 1000 square metres, a buffer area of 50 metres shall be provided;

• Corals and coral reefs and associated biodiversity; • Sand Dunes; • Mudflats which are biologically active; • National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other

protected areas under the provisions of Wild Life (Protection)Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere Reserves encompassing; – Salt Marshes; – Turtle nesting grounds; – Horse shoe crabs habitats; – Sea grass beds; – Nesting grounds of birds; – Areas or structures of archaeological importance and heritage sites;

(ii) The area between Low Tide Line and High Tide Line.


3) What are the activities permissible in CRZ-I ?

• The activities permitted in CRZ-I under the 2011 Notification are the activities that were permissible under the 1991 Notification as amended from time to time.These relate to the following:- (i) No new construction shall be permitted in CRZ-I except;

• Projects relating to the Department of Atomic Energy; • Pipelines, conveying systems including transmission lines; • Facilities that are essential for activities permissible under CRZ-I; • Installation of weather radar for monitoring of cyclones movement and prediction by the Indian

Meteorological Department; • Construction of trans-harbour sea link and roads on stilts or pillars without affecting the tidal flow of

water, between LTL and HTL. • Development of green field airport already permitted at only Navi Mumbai;

(ii) Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive, the following may be permitted;

• Exploration and extraction of natural gas; • Construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, jetties,

water supply, drainage, sewerage which are required to meet the needs of traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA.

• Salt harvesting by solar evaporation of seawater; Desalination plants; • Storage of non-hazardous cargo such as edible oil, fertilizers and food grain within notified ports; • Construction of trans-harbour sea links, roads on stilts or pillars without affecting the tidal flow of water.


4) What are the coastal areas that qualify as falling within the CRZ-II category ?

The Notification defines CRZ-II as the areas which are developed up to or close to the shoreline and falling within municipal limits.

5) What are the activities permissible in CRZ-II areas ?

Buildings are permissible on the landward side of the existing road, authorized structure or hazardous line where there are no authorized structures. Other activities such as desalination plants and storage of non-hazardous cargo are also permissible. The Floor Space Index and Floor Area Ratio for construction projects shall be as on 19.2.1991 except for those specified in the CRZ Notification, 2011 which is mainly for slum redevelopment and redevelopment of dilapidated structures.

6 ) What are the coastal areas that qualify as falling within the CRZ-III category?

CRZ-III areas are those areas that are relatively undisturbed and do not fall under either in Category I or II and also include rural and urban areas that are not substantially developed.

All permissible activities for CRZ-III as listed in the CRZ Notification, 1991 are retained in the Notification. Between 0-200 metres from HTL is a No Development Zone where no construction shall be permitted. Only certain activities relating to agriculture, horticulture, gardens, pasture, parks, play field, forestry, projects of Department of Atomic Energy, mining of rare minerals, salt manufacture from seawater, facilities for receipt, storage, regasification of petroleum products and liquefied natural gas, facilities for generating power by non-conventional energy sources and certain public facilities may be permitted in this zone.

.

Between 200-500 metres of HTL, construction and repair of houses of local communities, tourism projects including green field airport at Navi Mumbai, facilities for receipt, storage, degasification of petroleum products and liquefied natural gas, storage of non-hazardous cargo, desalination plants, facilities for generating power by non-conventional energy sources are permissible

7) What are the coastal areas that qualify as falling within the CRZ-IV category?

The aquatic area from low tide line upto territorial limits is classified as CRZ-IV including the area of the tidal influenced water body.

8) What are the activities permissible in the CRZ-IV ?

In CRZ-IV areas, there is no restriction on the traditional fishing and allied activities undertaken by local communities. However, no untreated sewage, effluents or solid waste shall be let off or dumped in these areas. A comprehensive plan for treatment of sewage generating from the city must be formulated within a period of one year from the date of issue of this Notification and be implemented within two years thereafter.


III. Special Provisions for the Fisher-folk Communities1) What are the new provisions contained in the 2011 Notifi cation to benefit the

fisher-folk community?

Since the fishing communities traditionally live in the coastal areas, they have been given primary importance when drafting the CRZ Notification 2011.

One of the stated objectives of the Notification is “to ensure livelihood security to the fisher communities and other local communities, living in the coastal areas… and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming.”

The following are the provisions in the 2011 Notification that address the issues relating to fishermen community:-

i. Water area up to 12 nautical miles and the tidal influenced water bodies have been included under the Coastal Regulation Zone areas in order to:

• control the discharge of untreated sewage, effluents and the disposal of solid wastes as such activities endanger the fish and their ecosystem;

• Conserve and protect habitats in the marine area such as corals and coral reefs and associated biodiversity, marine sanctuaries and biosphere reserves, sea grass beds etc. which act as spawning, nursery and rearing grounds for fish and fisheries;

• Regulate activities in the marine and coastal waters such as dredging, sand mining, discharge of waste from ships, construction like groynes, breakwaters, etc. including reclamation which have serious impacts on fishing and allied activities;


Enable studies of the coastal and marine waters with regard to the impact of climate change and the occurrence of disasters which have serious impacts on the livelihood and property of the fisher-folk communities; It may be noted that no restrictions are being imposed on any fishing activities and allied activities of the traditional fishing communities in this area.

(ii) At several coastal stretches of the country the fishermen and their dwelling units are in danger due to erosion which is occurring primarily due to manmade activities. The development of such manmade foreshore activities shall be regulated after identifying and demarcating the coast as falling in the high eroding category, the medium eroding category or the stable sites category.(iii) While preparing the Coastal Zone Management Plans the infrastructures essential for fishing communities must be clearly demarcated and fishing Zones in the water bodies and the fish breeding areas shall also be clearly marked.(iv) The 2011 Notification requires the Coastal Zone Management Authorities to invite comments on the draft Coastal Zone Management Plan from stakeholders. This will ensure that for the first time, local communities including fishermen communities, will have a say in the preparation of the CZMPs.(v) The Notification allows infrastructural facilities for the local fishing communities to be constructed in the CRZ-III area.(vi) Reconstruction, repair works of dwelling units of local communities including fisheries in accordance with local Town and Country Planning Regulations has been made permissible.


(vii) In CRZ-III areas where 0-200 metres is a No Development Zone (NDZ), to meet the demands of dwelling units of traditional coastal communities including fisher-folk, the NDZ has been reduced to 100 metres. Hence, dwelling units of such communities can be constructed 100-200 metres from High Tide Line along the seafront with the approval of the State Government and the MoEF.

2. What are some of the state specific provisions made in the 2011 Notification for the Fisher-folk Community ?

Special provisions have also been incorporated for the fishermen communities living along the coastal areas in Maharashtra, Goa, Kerala, Sunderban and other ecologically sensitive areas.

Greater Mumbai: For the traditional fishing communities (namely, the Koliwadas) living in Greater Mumbai a provision has been provided, wherein, the area concerned shall be mapped and declared as CRZ-III and development including construction and reconstruction can be taken up as per local Town and Country Planning Regulations.

Goa: The Government of Goa shall survey and map the fishing villages all along the Goa coast and all facilities required for fishing and allied activities shall be provided. As per the CRZ Notification, 1991, expansion/reconstruction/repair of dwelling units of local communities in CRZ areas were viewed as violations of the Notification if the requisite permission had not been taken from the authorities. Such units (approximately 5,000) were ordered to be demolished by the Hon’ble High Court of Bombay. However, the 2011 Notification provides that reconstruction and repair of the structures of local communities shall also be permissible in CRZ areas.

Kerala: The CRZ area in Kerala is reduced to 50 metres from High Tide Line (HTL) on the landward side. This area is a ‘No Development Zone’ where no new constructions can be carried out. However, dwelling units of local communities within this area may be repaired and reconstructed. Necessary foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs etc. can also be constructed within the 0-50 metres area. Beyond 50 metres from HTL on the landward side, dwelling units of local communities may be constructed with the permission of the local panchayat.

Sunderban: In order to regulate development in Sunderban and other ecologically sensitive

areas, and to take up conservation and protection of these areas for the benefit of local communities an integrated management plan (IMP) is required to be prepared in consultation with the communities. The housing needs of the local communities including fisher-folk who are living in such ecologically sensitive areas shall be also addressed in the IMP.

IV. Measures to Combat Pollution

1. What are the provisions in the 2011 Notification for the prevention of pollution in coastal areas/coastal waters ?

The 2011 Notification lists out certain measures that have to be taken to prevent pollution in the coastal areas/coastal waters. The disposal of wastes and effluents into coastal waters is a prohibited activity. All coastal states are required to ensure that:

•The existing practice of discharging untreated waste and effluents is phased out within a period not exceeding two years. •Dumping of solid waste is phased out within one year from the commencement of the Notification. •An Action Plan is to prepared for dealing with pollution in coastal areas and waters and in a time bound manner. •The Action Plan is submitted to MoEF who would provide technical and financial assistance.

V. Procedure for Clearances

1. What is the clearance procedure laid down under the 2011 Notification ?

Unlike the 1991 Notification which did not lay down the process for obtaining CRZ clearance, a specific procedure has been provided in the 2011 Notification for obtaining such clearance. This procedure is as follows:

(i) The project authorities shall submit the proposal to the concerned State/UT CZMA along with the following documents/reports,-

•Form-1 (Annexure-IV of the Notification); •Rapid Environment Impact Assessment (EIA) Report including marine and terrestrial EIA. Comprehensive EIA and cumulative studies for port and foreshore requiring projects as per guidelines issued by MoEF from time to time; •Disaster Management Report and Risk Management Report; •CRZ map indicating HTL and LTL demarcated by an authorized agency (1:4000 scale); •Project layout superimposed on the above mentioned map; •The CRZ map shall normally indicate a 7 km radius around the project site. •The CRZ map shall indicate the CRZ-I, II, III and IV areas; •No Objection Certificate from the concerned Pollution Control Boards or Committees for the projects which envisage discharge of effluents, solid wastes, sewage etc. (NOC from the Pollution Control Boards or Committees has been made mandatory in view to minimize pollution in the coastal waters)

(ii) The concerned CZMA shall examine the above documents in accordance with the approved CZMP and CRZ Notification and make recommendations within a period of sixty days from date of receipt of above document to,-

• SEAC or EAC in case of the project attracting EIA Notification, 2006; • MoEF or State Government for the project attracting CRZ Notification;

(iii) MoEF or State Government shall consider such projects based on the recommendations of the concerned CZMA within a period of sixty days.

2. How long is this clearance valid ? The clearance accorded to the projects under the 2011 Notification shall be valid for the period of five years from the date of issue of such clearance.

3. What is the post-clearance monitoring mechanism ? Once the clearance has been accorded to projects under the 2011 Notification, the following post clearance mechanism kicks in:• It shall be mandatory for the project management to submit half-yearly compliance reports in

respect of the terms and conditions stipulated for granting environmental clearance in hard and soft copies to the concerned regulatory authority, on 1st June and 31st December of each calendar year;

• All such compliance reports submitted by the project management shall be public documents; • Copies of the same shall be given to any person on application to the concerned regulatory

authority; • The latest compliance report shall also be displayed on the website of the concerned regulatory

authority and shall be valid for the period of five years from the date of issue of clearance.


VI. Enforcement Measures1. What is the mechanism of enforcement prescribed under the 2011 Notification ?

The CRZ Notification, 1991 did not indicate the enforcement mechanism. This was one of the major drawbacks of the Notification and also the primary reason for the large number of violations. The CRZ Notification, 2011 lays out the method and the time frame in which actions shall be taken against any violations of the Notification. The CZMAs at the State level and the NCZMA, at the Central level shall be strengthened in a time bound manner and their capacities enhanced by MoEF for effectively enforcing the Notification. The violation shall be identified by using latest appropriate maps, satellite imagery and information technology within a period of four months from date of issue of the 2011 Notification and necessary action will be initiated in accordance with the Environment (Protection) Act, 1986 within a period of four months thereafter.

2. What further measures have been taken to ensure transparency ?

To ensure transparency in the working of the CZMAs, the Coastal Zone Management Authority has to create a website and post on such website the agendas, minutes, decision taken, clearance letters, violations, action taken, court cases etc. including the CZMPs. (Such provisions were not provided for in the CRZ Notification, 1991)


VII. Special Provisions for Specific Coastal Stretches 1. What are the areas requiring special consideration ?

The 1991 Notification provided for the uniform regulation of the coastal areas in the entire country irrespective of the environmental diversity, socio-economic conditions, developmental pressures etc. In the 2011 Notification special provisions have been inserted, keeping in view the diverse problems faced by local communities like those individuals living in slums, those inhabiting old and unsafe buildings in Mumbai, people living in islands in the backwaters in Kerala, local communities living in the coast of Goa and the communities living in ecologically sensitive areas of the Sunderban etc.

2. What are the special dispensations given to Greater Mumbai ?

Keeping in mind the fact the Mumbai faces some unique environmental and social issues the following provisions have been drafted:

A. CRZ-I areas:• All approved roads and links must be constructed on silts to ensure free flow of tidal

waters. • Five times the number of mangroves destroyed/cut during the above construction

process shall be replanted. • Within one year of issue of this Notification, all mangrove areas must be mapped,

notified and measures for conservation must be initiated, solid disposal sites must be relocated outside CRZ area and an action plan must be launched to protect habitations and structures located on the seaward side of the hazard line.


B. CRZ-II area:

• The State Government may undertake slum redevelopment schemes in the CRZ-II areas in compliance with the Floor Space Index or Floor Area Ratio as specified in the Town and Country Planning Regulations, prevailing as on the date of the project being sanctioned. However, the stake of the State Government or its agencies shall not be less than 51% in such projects.

• Redevelopment and reconstruction of old, dilapidated, and unsafe buildings in the CRZ-II area shall be allowed. All such projects must be taken up by the owners of the buildings, directly or with private developers. All construction must be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority.

• In order to protect and preserve the ‘green lung’ of the Greater Mumbai area, all open spaces, parks, gardens, playgrounds indicated in development plans within CRZ-II shall be categorized as CRZ-III, that is, ‘no development zone’. Only construction of civic amenities and facilities for recreational sports shall be permitted if the floor index is up to 15%. Residential and commercial use of such spaces is prohibited.

• Reconstruction and repair of the dwelling units belonging to local communities in CRZ-II areas shall be permitted by the Competent Authorities on a priority basis.

• Fishing settlement areas including Koliwada, and those identified in the Development Plan of 1981 or relevant records of the Government of Maharashtra, shall be mapped and declared as CRZ-III so that any development, including construction and reconstruction of dwelling units within these settlements shall be undertaken in accordance with applicable local Town and Country Planning Regulations.


3. What is the mechanism to ensure that no malpractice takes place on account of such special dispensation for Greater Mumbai ?

In order to ensure that the redevelopment of slums and dilapidated structures in Mumbai are done in the most transparent and accountable manner, the following measures are provided:-• The Right to Information Act, 2005 shall be applicable to all redevelopment or reconstruction projects

granted clearance by the Competent Authorities. • Auditing shall be done by the office of the Comptroller and Auditor General (C&AG) of India in case of

projects relating to slum redevelopment and by the empanelled statutory auditor of C&AG in case of redevelopment of dilapidated, cessed and unsafe structures.

• A High Level Oversight Committee shall be set up for periodic review by the Government of Maharashtra. This Committee shall include eminent representatives of like Architects, Urban Planners, Engineers, and members of Civil Society, besides the local urban bodies, the State Government and the Central Government.

4. What are the special dispensations given to Kerala ?

Kerala has one of the most unique coastal environments wherein more than 300 islands are located within its backwaters. Keeping in view the distinctive geographical layout of Kerala, special allowances have been provided for coastal stretches of Kerala in the Notification.Since the islands in the backwaters of Kerala are narrow stretches of land, the CRZ area is reduced to 50 metres from HTL on the landward side. This area is a ‘No Development Zone’ where no new constructions can be carried out. Existing dwelling units of local communities within this area may however be repaired and reconstructed. Necessary foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs etc. can also be constructed within the 0-50 metres area. Beyond 50 metres from HTL on the landward side, dwelling units of local communities may be constructed with the permission of the local panchayat.


5. What are the special dispensations given to Sunderban and other ecologically sensitive areas ?Sunderban is the largest mangrove area in the country. Nearly 5 lakh people live within the biosphere itself. Sunderban is being greatly affected by the rising sea levels and changing weather patterns caused by climate change. Further, the local communities face immense hardship due to lack of infrastructure facilities. An integrated management plan is proposed to be drawn up, under the Notification, for Sunderban and such ecologically important areas such as Gulf of Khambat and Gulf of Kutch in Gujarat, Malvan, Achra- Ratnagiri in Maharashtra, Karwar and Coondapur in Karnataka, Vembanad in Kerala, Bhaitarkanika in Orissa, Coringa, East Godavari and Krishna in Andhra Pradesh. These areas would be declared as Critical Vulnerable Coastal Areas (CVCA) and the integrated management plan would be prepared for each of these areas in consultation with the local communities.Until the integrated management plans are drawn up and initiated, all necessary infrastructure developments for the local inhabitants in these areas shall be permitted on a case to case basis by the Coastal Zone Management Authority.

6. What are the special dispensations given to Goa?

Specific provisions have been provided for the State of Goa with a stringent regulatory mechanism for sustainable development and ecological protection of coastal areas. Other provisions include the following:• Since the traditional occupation of the population living along the coast is mainly the fishing and

allied activities and fishing communities require basicinfrastructure facilities for their livelihood, such facilities shall be provided by the Government of Goa after conducting a comprehensive survey.


• Reconstruction, repair of the structures of local communities shall be permissible in the CRZ areas.

• The eco sensitive low lying areas influenced by tidal action known as khazan lands shall be mapped. All mangroves along such land shall be protected and a management plan shall be prepared. No developmental activities shall be permitted in the khazan land.

• Sand dunes, beach stretches along the bays and creeks shall be surveyed and mapped. No activity shall be permitted on such sand dune areas.

• Beaches such as Mandrem, Morjim, Galgiba and Agonda have been designated as turtle nesting sites and protected under the Wildlife Protection Act, 1972. These areas shall be surveyed and management plan prepared for protecting these sites. No developmental activities shall be permitted in these areas.


VIII. Transference of Pending Cases and Violations under the 1991 Notification

1. Will the coming into force of the 2011 Notification mean that existing violations of the CRZ Notification, 1991 are condoned ? No. As per appropriate direction to be issued by the MoEF under section 5 of the Environment (Protection) Act, 1986, specific guidelines will be provided to all CZMAs on the process to be adopted using latest appropriate maps, satellite imagery and information technology within a specified time frame for action.

2. What will be the status of the Coastal Zone Management Plans which have been prepared under the 1991 Notification once the 2011 Notification is issued? The Notification provides that until new CZMPs in accordance with CRZ Notification, 2011 are approved, the CZMPs prepared under Coastal Regulation Zone Notification, 1991 shall be followed.

3. Will the Coastal Regulation Zone Notification, 2011 regularize the buildings constructed in violation of the Coastal Regulation Zone Notification, 1991 such as, Adarsh etc ?No. As per appropriate direction to be issued by the MoEF under section 5 of the Environment (Protection) Act, 1986, specific guidelines will be provided to all CZMAs on the process to be adopted using latest appropriate maps, satellite imagery and information technology within a specified time frame for action.


OVERLAPPING AREA BETWEEN RRZ & CRZ I. The coastal rivers such as Patalganga, Kundalika, Savitri, Vashisti & Ulhas river are

classified as fresh water zone.(A-I, A-II, A-III & A-IV) & saline zone (SW-II) in RRZ policy, but saline water is also included in CRZ notification. In saline zone of river, there is no restriction of any activity in RRZ policy, but in CRZ notification there are some restrictions on certain activity. Particularly in Patalganga river basin Addl. Patalganga MIDC area is located both him saline zone of RRZ policy & also CRZ notification. Difficulty comes when the industry wants to locate in Addl. Patalganga area for allotment of the plot whether as per RRZ policy or CRZ policy.

II. Similarly in case of Kalyan-Bhiwandi (Sarvali) MIDC area is located in SW-II class of Ulhas River & also CRZ area. As per the CRZ notification 1991 restrictions was up to 150 m from HFL & whereas CRZ notification 2011 said is now relaxed by 50 m i.e. restriction is up to 100m from HFL. As this area is under SW-II class Ulhas River, there is no restriction. Similar difficulty in this case also as mentioned in the Point No.1.

III. Kasardi River is in Taloja (North & New Bombay basin) is also in area of A-II class of water as per the RRZ policy & some part is also in CRZ notification up to the 100 m restriction is there in CRZ area.

IV. 5 ppt salinity is a basic point for Tidal Influence Body in case of 100 m rivers & creek. Location of the point can be varies which needs clarifications.


RECOMMENDATIONS• MIDC areas may be exempted from RRZ Policy which are established prior to RRZ

notification.• To make available map of all rivers showing the class of water as A-1, A-2, A-3 & A-4.• Demarking area for CRZ may be available from Government. • Only origin to first dam should not be criteria for the classifying the river in A-I class of

water. The human settlement activity should be considered for classifying in A-I or A-II class of water. i.e. Trimbkeshwar town is located on Godavari river, which is upstream of Gangapur dam on Godavari river, which is classified in A-I class of water. Looking in to the activity at Trimbkeshwar & also being a Holy place, it is felt that classification may be changed from A-I to A-II class of water.

• If any dam is not constructed on river, said river should not be considered A-I class of water, but looking into the activity on the banks side of the river, this may be reclassified as A-II class of water. This is experience in case of rivers in Patalganga river, such as Balganga & Bhogeshwari.

• Some of the Rivers are not notified, but the water works on the river are located same may be classified as per the beneficial use of the river water.


Review of RRZ and CRZ notification in Maharashtra. by-P.P.nandusekar

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Transcript of Review of RRZ and CRZ notification in Maharashtra. by-P.P.nandusekar