Chapter 26: Environmental Regulations or Restrictions

KERALA LAND BUYER'S COMPANION HANDBOOK

Architect Shahdad Karim

PART V: Professional Services and Project Materials

Chapter 26: Environmental Regulations or Restrictions
Check for any environmental regulations or restrictions.

As the world continues to grapple with climate change and environmental degradation, governments worldwide have started enacting stricter environmental regulations to ensure sustainable development. In Kerala, the government has implemented several environmental regulations and restrictions to protect the state's unique ecosystem. If you are planning to purchase a property in Kerala, it is essential to understand the environmental regulations and restrictions in place to ensure compliance.

 

Environmental regulations and restrictions in Kerala

 

1. Coastal Regulation Zone (CRZ)

The Coastal Regulation Zone (CRZ) is a set of regulations implemented by the Ministry of Environment, Forests, and Climate Change in India in 1991 to regulate development activities in coastal areas. The regulation aims to protect coastal ecosystems, traditional livelihoods, and coastal communities. In Kerala, the CRZ notification defines four zones, and the regulations vary depending on the zone.

 

Zone 1: This zone covers ecologically sensitive areas such as mangroves, coral reefs, and sand dunes. No development activities are allowed in this zone.

Zone 2: This zone covers areas up to 200 meters from the high tide line. Only certain types of development activities are allowed in this zone, subject to specific regulations.

 

Zone 3: This zone covers areas beyond 200 meters from the high tide line. Development activities are allowed in this zone, subject to specific regulations.

 

Zone 4: This zone covers areas that are not classified in the above three zones. There are no restrictions on development activities in this zone, subject to local regulations.

 

Property buyers should be aware of whether the property they are considering is located in a CRZ, and what restrictions apply. For example, if the property is within a CRZ, there may be limits on the height of buildings, and certain types of construction may be prohibited.

 

2. Forest Conservation Act (FCA)

The Forest Conservation Act is a central legislation aimed at the conservation of forests and wildlife in India. The act prohibits the diversion of forestland for non-forestry purposes, such as mining, industry, and other developmental activities, without prior approval from the central government. In Kerala, the government has designated several forest areas as protected areas, and development activities in such areas are strictly prohibited.

 

Property buyers should be aware of whether the property they are considering is located in or near a protected forest area. Depending on the location, there may be restrictions on construction activities, or the property may be subject to environmental impact assessments.

 

3. Wetland Conservation and Management Rules

Wetlands are essential ecosystems that provide several ecological and socio-economic benefits such as water storage, groundwater recharge, biodiversity conservation, and carbon sequestration. The Wetland Conservation and Management Rules aim to protect and conserve wetlands in India. In Kerala, several wetlands are designated as protected areas, and any development activities in such areas are prohibited.

 

Property buyers should be aware of whether the property they are considering is located in a water-sensitive area. For example, if the property is located near a river or lake, there may be restrictions on the use of water for irrigation or other purposes.

 

4. Air and water pollution control laws

The Kerala State Pollution Control Board is responsible for enforcing laws and regulations aimed at controlling air and water pollution in the state. The board issues several permits and certificates, such as Consent to Establish and Consent to Operate, to ensure compliance with pollution control norms. If you plan to purchase a property in Kerala, it is essential to ensure that the property complies with all pollution control norms and regulations.

 

Property buyers should be aware of whether the property they are considering is located in an area with poor air quality. If the property is located in such an area, there may be restrictions on certain types of construction or the use of certain materials.

 

5. Waste management regulations

The Kerala State Pollution Control Board has implemented several regulations and guidelines aimed at ensuring proper waste management practices. The board has also launched several initiatives to promote waste segregation, recycling, and composting. If you plan to purchase a property in Kerala, it is essential to ensure that the property has proper waste management facilities and complies with waste management regulations.

 

Property buyers should be aware of whether the property they are considering is located near a hazardous waste site. If the property is located near such a site, there may be restrictions on certain types of construction, or the property may be subject to additional environmental impact assessments.

Conclusion

In conclusion, it is important for property buyers in Kerala to be aware of any environmental regulations or restrictions that may impact their property purchase. By doing so, they can ensure that they are making an informed decision, and that they are purchasing a property that is both environmentally and socially responsible.