Coastal Regulation Zones, Eco-Sensitive Zones and Eco-Sensitive Areas: Complete Note on the Legal Protection of Fragile Ecosystems

Some ecosystems are so valuable and so vulnerable that the law protects them by place: it draws lines on a map and restricts what may be done within them. India's coastline, its mangroves and coral reefs, the buffers around its national parks and sanctuaries, and mountain ranges such as the Western Ghats are protected in this way. All of these regimes rest on the same legal foundation: Section 3(2)(v) of the Environment (Protection) Act, 1986 and Rule 5 of the Environment (Protection) Rules, 1986, which allow the Central Government to prohibit or restrict industries, operations and processes in specified areas. This note covers the Coastal Regulation Zone, eco-sensitive zones, eco-sensitive areas and the protection of fragile ecosystems.

1. Coastal Regulation Zone: Why the Coast Needs Special Law

India has a coastline of more than 7,500 kilometres. Coasts are home to fishing communities, ports, cities, tourism and industry, and also to mangroves, coral reefs, sand dunes, estuaries, lagoons and turtle nesting beaches. They are exposed to erosion, cyclones, storm surges and rising sea levels. Unregulated construction destroys the natural defences, such as dunes and mangroves, that protect coastal communities, as the 2004 tsunami showed. The Coastal Regulation Zone framework balances conservation, the livelihood of coastal communities and development.

2. Historical Development of the CRZ Notifications

2.1 The CRZ Notification, 1991

The first CRZ Notification was issued on 19 February 1991 under the EPA. It declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters influenced by tidal action, up to 500 metres from the High Tide Line (HTL) on the landward side, and the land between the Low Tide Line (LTL) and the HTL, to be the Coastal Regulation Zone. It classified the zone into four categories (CRZ-I to CRZ-IV) and prohibited or regulated activities in each. It required coastal States to prepare Coastal Zone Management Plans. It was amended some twenty-five times, often to relax restrictions, and was widely flouted.

Following this judgment, the National Coastal Zone Management Authority and State Coastal Zone Management Authorities were constituted under Section 3(3) of the EPA in 1998. In S. Jagannath v. Union of India, (1997) 2 SCC 87, the Court held that commercial, semi-intensive and intensive shrimp farming in the CRZ was prohibited and directed the constitution of an authority to regulate aquaculture.

2.2 Review and the CRZ Notification, 2011

A committee chaired by M.S. Swaminathan (2005) recommended an integrated coastal management approach. A draft Coastal Management Zone Notification (2008) lapsed after opposition from fishing communities. After further consultation, the CRZ Notification, 2011 was issued on 6 January 2011. Its main features were: extension of the CRZ to the water area up to 12 nautical miles (the territorial waters) and the water area of tidal water bodies; recognition of the rights and livelihood of fishing communities; special provisions for Greater Mumbai, Kerala, Goa and Critically Vulnerable Coastal Areas such as the Sundarbans, the Gulf of Mannar and the Gulf of Kutch; mapping of a hazard line for erosion and sea-level rise; and a separate Island Protection Zone Notification, 2011 for the Andaman and Nicobar and Lakshadweep islands.

2.3 The CRZ Notification, 2019

A committee chaired by Shailesh Nayak (2014) recommended relaxations to promote housing, tourism and infrastructure. The CRZ Notification, 2019 was issued on 18 January 2019, with a new Island Protection Zone Notification, 2019. It takes effect in each State once its Coastal Zone Management Plan under the 2019 framework is approved; until then the 2011 Notification continues to apply there. Its main changes were: subdivision of CRZ-III according to population density, with a much smaller no-development zone in densely populated rural areas; permission for temporary tourism facilities in the no-development zone; delegation of clearance powers for CRZ-II and CRZ-III to the States; a reduced no-development zone of 20 metres for islands close to the mainland and backwater islands; and specific protections for mangroves. Critics say it opened the coast to construction and tourism at the expense of ecology and fishing communities.

3. CRZ Classification under the 2019 Notification

The CRZ covers the land area from the HTL up to 500 metres on the landward side along the sea front, the land area along tidal rivers, creeks and backwaters up to 50 metres or the width of the water body (whichever is less), the intertidal zone between the LTL and the HTL, and the water area up to 12 nautical miles. It is classified as follows:

3.1 CRZ-I: ecologically sensitive areas

CRZ-I A comprises ecologically sensitive areas and geomorphological features that play a role in maintaining the integrity of the coast: mangroves, corals and coral reefs, sand dunes, biologically active mudflats, national parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas, salt marshes, turtle nesting grounds, horseshoe crab habitats, seagrass beds, nesting grounds of birds, and areas or structures of archaeological or heritage importance. CRZ-I B is the intertidal zone, the area between the LTL and the HTL. CRZ-I is the most protected category: new construction is prohibited except for specified activities such as eco-tourism in mangrove areas, defence and strategic projects, public utilities that must be located on the coast, and certain works by fishing communities, and mangroves over 1,000 square metres carry a buffer zone of 50 metres.

3.2 CRZ-II: developed areas

CRZ-II consists of developed land areas up to or close to the shoreline within existing municipal limits or other existing legally designated urban areas, which are substantially built up and provided with drainage, approach roads and other infrastructure. Construction is permitted on the landward side of existing roads or authorised structures, subject to local town and country planning regulations and floor space index norms.

3.3 CRZ-III: relatively undisturbed areas

CRZ-III comprises land areas that are relatively undisturbed, mainly rural areas, which do not fall in CRZ-II. The 2019 Notification divides it according to the 2011 Census: CRZ-III A, densely populated rural areas with a population density of more than 2,161 per square kilometre, where the no-development zone is 50 metres from the HTL; and CRZ-III B, rural areas with lower density, where the no-development zone remains 200 metres from the HTL. Beyond the no-development zone, specified development is permitted, including dwelling units of local communities, tourism facilities and infrastructure, subject to conditions.

3.4 CRZ-IV: water areas

CRZ-IV A is the water area and sea bed from the LTL up to 12 nautical miles on the seaward side. CRZ-IV B is the water area and bed of tidal-influenced water bodies, from the mouth of the water body to the point of tidal influence. In CRZ-IV the discharge of untreated sewage, effluent and solid waste and the dumping of waste are prohibited, while traditional fishing and related activities of local communities are not restricted.

3.5 The No Development Zone

The No Development Zone (NDZ) is the belt of land in CRZ-III, measured from the HTL, within which no new construction is ordinarily permitted, except repairs or reconstruction of existing authorised structures, dwelling units of traditional coastal communities including fisherfolk, public utilities and specified activities. Under the 2019 Notification the NDZ is 50 metres in CRZ-III A, 200 metres in CRZ-III B, 50 metres or the width of the creek, whichever is less, along tidal water bodies, and 20 metres for certain islands. Temporary tourism facilities such as shacks, toilet blocks and changing rooms are permitted in the NDZ, subject to conditions.

4. Coastal Zone Management Plans, Authorities and CRZ Clearance

4.1 Coastal Zone Management Plans

Each coastal State and Union territory must prepare a Coastal Zone Management Plan (CZMP) that maps the HTL, LTL, the CRZ categories, ecologically sensitive areas and the hazard line on the prescribed scale, in accordance with guidelines of the National Centre for Sustainable Coastal Management (NCSCM), Chennai. The draft CZMP is subject to public consultation and is approved by the MoEFCC. The CZMP is the operative map: a project's permissibility depends on where it falls on the approved CZMP. Delays and errors in preparing CZMPs have been a major source of litigation.

4.2 Coastal Zone Management Authorities

The National Coastal Zone Management Authority (NCZMA) and the State and Union territory Coastal Zone Management Authorities (SCZMAs and UTCZMAs) are constituted under Section 3(3) of the EPA. The SCZMAs examine proposals, recommend CRZ clearance, enforce the notification, inquire into violations and take action under Section 5 of the EPA where delegated. District Level Committees assist them.

4.3 CRZ clearance

Projects in the CRZ that are permissible under the notification require CRZ clearance. The proponent applies to the SCZMA with project documents, a map showing the location on the approved CZMP and, where required, a rapid or comprehensive EIA. The SCZMA examines the proposal and makes its recommendation. Under the 2019 Notification, projects in CRZ-I and CRZ-IV are cleared by the MoEFCC, while projects in CRZ-II and CRZ-III are cleared by the State or Union territory concerned, on the SCZMA's recommendation. Where a project also requires environmental clearance under the EIA Notification, both clearances are considered together by the appraisal committee.

5. Coastal Ecosystems and Communities

5.1 Coastal communities and environmental protection

Fishing and other coastal communities depend on access to the shore and to healthy coastal waters, and they are also among the most effective custodians of the coast. The 2011 and 2019 Notifications protect their dwellings and traditional activities, permit construction and reconstruction of their homes in the NDZ, and leave traditional fishing in CRZ-IV unrestricted. Critics argue that relaxations for tourism and real estate under the 2019 Notification displace these communities in practice.

5.2 Mangrove protection

Mangroves are salt-tolerant coastal forests that protect shores from erosion and storm surges, serve as nurseries for fish, sequester carbon and filter pollutants. They are placed in CRZ-I A, and under the 2019 Notification mangrove areas of more than 1,000 square metres have a 50-metre buffer in which no construction is permitted, and any unavoidable destruction for permitted public projects must be compensated by planting three times the area. Mangroves may also be 'forests' under the Godavarman dictionary meaning. In Bombay Environmental Action Group v. State of Maharashtra (Bombay High Court, 17 September 2018) the High Court held that mangroves in Maharashtra are protected forests, prohibited destruction and construction within fifty metres of them, and directed that government land with mangroves be handed over to the forest department.

5.3 Coral reefs and CRZ

Coral reefs, such as those of the Gulf of Mannar, the Gulf of Kutch, the Lakshadweep and the Andaman and Nicobar Islands, are among the most biodiverse and fragile ecosystems. They are in CRZ-I A. The notifications prohibit extraction of corals and coral sand, reclamation, and discharges that harm them. Reef-building corals are also listed in Schedule I of the Wild Life (Protection) Act, so that their collection and trade are prohibited.

5.4 Sand dunes and coastal ecology

Sand dunes are natural barriers that absorb wave energy, store sand that replenishes beaches, recharge freshwater aquifers and provide habitat. They are part of CRZ-I A. Levelling of dunes, mining of beach sand and construction on dunes are prohibited except as specifically permitted. Illegal beach sand mining has been the subject of repeated action by courts and the NGT.

The Court took a similar approach in Kapico Kerala Resorts Pvt. Ltd. v. State of Kerala (2020), directing the demolition of a resort built on an island in Vembanad Lake in violation of the CRZ.

6. Eco-Sensitive Zones

6.1 Meaning and legal basis

An Eco-Sensitive Zone (ESZ) is an area notified around a protected area (a national park or sanctuary) within which activities are prohibited, regulated or permitted, so that the zone acts as a buffer or 'shock absorber' between the protected area and more intensive land uses outside. ESZs are notified by the MoEFCC under Section 3(2)(v) of the EPA and Rule 5 of the Environment (Protection) Rules. The Wild Life (Protection) Act itself does not use the term.

The idea originated in the National Wildlife Action Plan (2002 to 2016), and in 2002 the Indian Board for Wild Life decided that land within 10 kilometres of protected areas should be notified as eco-fragile. Because few States submitted proposals, the Supreme Court in Goa Foundation v. Union of India (2006) directed that, pending notification of ESZs, projects within 10 kilometres of a protected area that required environmental clearance be referred to the Standing Committee of the National Board for Wild Life. The Ministry issued Guidelines for Declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries in 2011.

6.2 Purpose of eco-sensitive zones

• To act as a buffer that reduces the impact of development on the protected area.
• To serve as a transition zone from areas of high protection to areas of lower protection.
• To protect wildlife corridors and the movement of animals beyond protected area boundaries.
• To regulate, not stop, development, allowing local communities to continue their livelihoods.

6.3 Activities prohibited, regulated and permitted in ESZs

The 2011 Guidelines, which are reflected in individual ESZ notifications, divide activities into three lists:

1. Prohibited: commercial mining, stone quarrying and crushing units; setting up of industries causing pollution; commercial use of firewood; establishment of major hydroelectric projects; use or production of hazardous substances; discharge of untreated effluents into natural water bodies or land; setting up of saw mills; and brick kilns.
2. Regulated: felling of trees; establishment of hotels and resorts; commercial use of natural water resources, including groundwater; erection of electrical cables; fencing of premises; drastic change of agricultural systems; widening of roads; movement of vehicular traffic at night; introduction of exotic species; protection of hill slopes and river banks; air and vehicular pollution; and sign boards and hoardings.
3. Permitted: ongoing agricultural and horticultural practices by local communities; rainwater harvesting; organic farming; use of renewable energy sources; and adoption of green technology for all activities.

The extent of an ESZ varies from area to area and may be less than or more than 10 kilometres, depending on the ecology, wildlife corridors and existing land uses. Each notification also requires a Zonal Master Plan and constitutes a monitoring committee.

7. Eco-Sensitive Areas

An Eco-Sensitive Area (ESA) is a larger ecologically fragile region, not necessarily linked to a protected area, notified under Section 3(2)(v) of the EPA and Rule 5 to restrict industries and activities. The concept was recognised in the Pronab Sen Committee report (2000), which identified criteria such as endemism, species richness, habitat of rare species, and geomorphological and hydrological importance. Notified examples include:

• Doon Valley (1989), restricting mining and polluting industries after Rural Litigation and Entitlement Kendra v. State of U.P. (1985);
• Dahanu Taluka (1991), protecting the coastal horticultural region north of Mumbai, supervised by the Dahanu Taluka Environment Protection Authority;
• the Aravalli range in Haryana and Rajasthan (1992), restricting mining and construction;
• Mahabaleshwar-Panchgani (2001), Matheran (2003) and Mount Abu (2009), protecting hill stations;
• the Western Ghats, where the notification remains in draft form.

8. The Western Ghats Ecologically Sensitive Area: Legal Framework

The Western Ghats run for about 1,600 kilometres along India's west coast through six States (Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu). They are a UNESCO World Heritage Site and one of the world's biodiversity hotspots, and the source of rivers that supply much of peninsular India.

1. The Gadgil Committee (Western Ghats Ecology Expert Panel), 2011, chaired by Madhav Gadgil, recommended that the entire Western Ghats (about 1,29,000 square kilometres) be treated as ecologically sensitive, graded into three Ecologically Sensitive Zones with differing restrictions, with a Western Ghats Ecology Authority and a strong role for Gram Sabhas. The States rejected it as too restrictive.
2. The Kasturirangan Committee (High-Level Working Group), 2013, chaired by K. Kasturirangan, distinguished 'natural landscape' from 'cultural landscape' and recommended that about 37 per cent of the Ghats, roughly 60,000 square kilometres of natural landscape, be notified as an ESA, with a ban on mining, quarrying, sand mining, thermal power plants and Red category industries, and limits on large building and township projects.
3. Draft notifications: the Ministry has issued a series of draft notifications since 2014 on the basis of the Kasturirangan report, the most recent in July 2026, proposing about 56,825 square kilometres across the six States as an ESA. The drafts prohibit mining, quarrying and sand mining, new thermal power plants and Red category industries, and restrict building and construction projects of 20,000 square metres and above and townships above specified limits.
4. Status: no final notification has been issued. Kerala, Karnataka and Goa in particular have sought exclusion of inhabited areas, plantations and farmland, and an expert committee constituted in 2022 to reconcile State objections has had its tenure extended. Meanwhile the draft has lapsed and been reissued repeatedly.

The Western Ghats illustrate the difficulty of protecting a large inhabited landscape by notification: ecological urgency, underlined by the Kerala floods of 2018 and the Wayanad landslides of 2024, pulls against the livelihoods and development aspirations of millions of residents and the reluctance of States to cede control over land use.

9. Protection of Fragile Ecosystems

Coasts, protected area buffers and the Western Ghats are part of a wider set of fragile ecosystems that Indian law protects through a combination of instruments:

• Mountains, especially the Himalaya: carrying capacity studies, restrictions on hydroelectric projects after Alaknanda Hydro Power Co. v. Anuj Joshi (2013), and continuing Supreme Court scrutiny of unregulated construction in the hill States.
• Wetlands: the Wetlands (Conservation and Management) Rules, 2017 and Ramsar designation; protection of tanks and ponds as public trust resources (Hinch Lal Tiwari, 2001; Intellectuals Forum, 2006).
• Islands: the Island Protection Zone Notification, 2019 for Andaman and Nicobar and Lakshadweep.
• Forests and wildlife habitats: forest clearance under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, protected areas and ESZs.
• Rivers and floodplains: regulation of floodplain construction and sand mining, and river-specific authorities such as those for the Ganga.
• Deserts and arid zones: land degradation neutrality commitments under the UN Convention to Combat Desertification.

The common legal thread is spatial regulation under Section 3(2)(v) of the EPA and Rule 5, informed by the precautionary principle, the public trust doctrine and carrying capacity, and supported by environmental impact assessment, which, under the General Condition of the EIA Notification, lifts projects within 10 kilometres of protected areas and notified eco-sensitive areas into Category A.

10. Critical Appraisal

Place-based protection has achieved notable results, such as the demolition of illegal constructions at Maradu and the survival of the Dahanu horticultural belt. But the framework suffers from frequent relaxation by amendment and office memoranda, long delays in approving Coastal Zone Management Plans and ESZ notifications, weak enforcement by local bodies that grant building permits, and the political difficulty of restricting land use in inhabited areas, most visible in the Western Ghats. The balance the law seeks, between the ecology of fragile areas and the livelihoods of those who live in them, is best achieved when communities are partners in protection rather than its casualties.

11. Related Topics and Provisions