coastal zone spatial and management … planning and regularization of public domain departement ......

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Lisboa – march 2012 SAPTIAL PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT Gabriela Moniz dos Santos COASTAL ZONE SPATIAL AND MANAGEMENT PLANS TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASE COASTAL ZONE SPATIAL AND MANAGEMENT PLANS TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASE SPATIAL PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT Gabriela Moniz dos Santos Lisboa – march 2012

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Page 1: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Lisboa – march 2012

SAPTIAL PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT

Gabriela Moniz dos Santos

COASTAL ZONE SPATIAL AND MANAGEMENT PLANS

TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASECOASTAL ZONE SPATIAL AND MANAGEMENT PLANS

TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASE

SPATIAL PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT

Gabriela Moniz dos Santos

Lisboa – march 2012

Page 2: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Context

River Basin District Administrations (2008)

Mission: protect and enhance the environmental components of

water, and proceed to the sustainable management of

water resources

Tagus River Basin District Administration - Responsible on

planning, licensing and surveilance, on its jurisdiction area:

- Tagus river basin

- West river basin

Current new organizational model:

• National Water Authority

• 5 River Basin District Administrations

Espanha

Portuguese

Environment

Agency

Page 3: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Tagus River Basin District Administration coastal zone spatial and management plans

POOC em Vigor , Fonte: ARH do Tejo

The main tools for managing the coast:

- 4 Coastal Zone Spatial and Management Plans (publ. 1998 - 2003)

- Tagus Estuary Spatial and Management Plan (under development)

Portugal ARH do Tejo

Area (km2) 89 271 27 556 (31 %)

Population 9 873 2003 809

050(39 %)

Number ofmunicipalities

278 107 (39 %)

Coastline (km) 898 261 (29 %)

Number of bathingzones

407 131 (32 %)

Page 4: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

A zone where the sea assisted by the wind, exerts its action directly - extending

from maritime public domain up to 500m inland, and to -30m (isobath) offshore

FAIXA TERRESTRE DE PROTECÇÃO

MARGEM das águas do mar LEITO

DOMINIO PRIVADO DOMÍNIO PÚBLICO MARÍTIMO

500 m

2 Km

50 m

ORLA COSTEIRA abrangida pelos POOC

ZONA COSTEIRA

FAIXA MARÍTIMA DE PROTECÇÃO

LMPMAVE - 30 m

ÁGUAS COSTEIRASDQA – ÁGUAS SUBTERRÂNEAS ÁGUAS SUPERFICIAIS: INTERIORES e de TRANSIÇÃO1M

ÁGUAS TERRITORIAIS

12MLinha de base

12M

Coastal zone

Page 5: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

First generation coastal zone spatial and management plans context

Peralta Beach – Lourinhã e Praia da Duquesa - Cascais

1971 – 1992 - Awakening of environmental concerns. Portugal joins

the European Union (National Ecological Reserve, Basic Law for

Environmental Policy, regulation for Urban Coastal Management, ...)

1992 - Maritime Public Domain management responsabilities in coastal

areas without harbour interess in the Ministry of the Environment

(Decree-Law No. 201/92 of 29 September)

1993 - Legislation providing for the development of a Coastal Zone Spatial

and Management Plan - suppletive instruments with national interest

goals, that establish natural resources and values safeguard

regimes and a sustainable use of territory allowing an integrated

approach to the coastal zone (exception: harbour areas)

1864 - Royal Decree

1867 - Civil code

beginning of Public Water Domain concept

Effective in 1971: Decree-Law No. 468/71 of 5

November

Page 6: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Rules for the allocation of Maritime Public Domain private

uses for beach facilities, and infrastructures and regulation

for the occupation of the remaining coastal zone were

required

2 scales:

- spatial planning - 1:25.000

- beaches uses management - 1:2.000 (with indications to

project development)

Main goals:

- Sort the different uses and specific activities of coastal zone;

- Classify beaches and regulate bathing and related activities;

- Restore/enhance beaches which are considered strategic for

environment and tourism;

- Framing the development of specific activities of coastal zone;

- Ensure the protection and conservation of natural systems.

First generation coastal zone spatial and management plans

Page 7: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

2000- Water Framework Directive (WFD) for Community action in the field of water policy

2005- Transposition of the WFD into national policy - Water Law -, that define national water policy based on river basins

lying within national territory.

Holistic water management - a new paradigm of planning and management of coastal zone recognizing the fundamental

role of river systems and their river basin

2006- Approved: National Strategy for the Sea (2006-2016)

2006 - Bathing waters management Directive (Directive nº2006/7/CE)

Inovative approach - introduces the bathing water quality management

and prevention concept (pro-active approach)

Involves:

- Defining a Bathing Water Profile for each bathing water (beach)

- Information to the public available on the beaches and in the internet

- Monitoring and classification of the bathing waters quality

Nowadays context

Page 8: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

2008- Creation: River Basin District Administration

2009- Published: National Strategy for Integrated Coastal Zone Management

Other special spatial and management plans:

- Maritime Spatial Plan

- Estuary Spatial and Management Plans

- Nature Conservation Plans

- Natura 2000 Network Sectoral and Management Plans

Nowadays context

Page 9: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Nowadays context and best practices

Public participation

Newsletter

Comunication and information

WEBPAGE – www.arhtejo.pt

Tagides publications

Beach information panels

Risk information

Page 10: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

The same entity management allows, more integrated

and uniform territorial approach, without loosing local

specificity;

A coastal lagoon, an island and harbour areas (in study)

will be now also included

First generation plans assessment

Some conclusions:

Development of a single

coastal zone spatial and

management plan, for all

Tagus River Basin District

Administration, jurisdiction

area;

Page 11: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

In articulation with the 13 coastal municipalities, maritime

authorities and other important local partners working

towards:

- improvement of beaches quality their facilities and

infrastructures;

- risk mitigation and monitoring;

- monitoring bathing water quality;

- quality improvement of public spaces at urban fronts;

- coastal rivers recover;

- coastal territories certification;

- safeguarding and conditioning Maritime Public

Domain uses and occupation through the issuing

of licenses.

First generation plans assessment

Page 12: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

• An integrated approach to the territory;

• Establishment of interinstitutional cooperation

models;

• Recognition of Maritime Public Domain as a public

good;

• Identification and awareness of coastal hazards;

Intervention to stabilize the cliffs in Areia Branca Beach (Lourinhã)

Plans assessment: Positive Aspects

• Definition of specific measures for risk management to avoid

people and property damage;

• Identification of critical points and promotion of urban sprawl

containment;

• New rules for human occupation, safeguarding natural

systems and values;

• Definition of degraded natural systems rehabilitation

Page 13: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

• Programming spatial planning interventions, infra-

structure and requalification of beach areas - beach

facilities, access and parking, according to the estimated

carrying capacity of the beaches and environment;

• Demolition of illegal buildings and infrastructures, in

some cases, in order to restore compliance and

environmental restoration;

• Increased scientific and technical knowledge on the

existing situation and information systematization;

• Increased awareness of society and its environmental

responsibility.

Praia da Calada – before and after

Praia da Légua - before and after

Plans assessment: Positive Aspects

Page 14: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Second generation plans: Challenges

• More dynamic and flexible plans enabling adaptive management

• More transparent and participatory plans elaboration and implementation, from the first moment

involving all relevant sectors of society;

• Greater technical expertise concerning public participation;

• Promote synergies and create partnerships with public and private entities for coastal zone

management;

• Improve scientific and technical knowledge especially in regard to aquatic environment

• Assume the vocation of maritime range spatial planning;

Page 15: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Second generation plans: Challenges

• Establishing Monitoring Programs for Natural Systems and Monitoring Programs for

Plan Implementation (appraisal);

• Define a set of tools (zoning, regulations, action plans, contingency plans,

environmental impact assessments) to prevent potentially negative impacts on natural

systems and resources;

• Ensure mapping of maximum high line – high astronomical tide - and the margin of

coastal water and establishment of Public Domain register occupations

• Make implementation and financing programs, achievable, measurable and adaptable;

• Rationalize efforts and human and financial resources to employ

.

Page 16: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

COASTAL ZONE SPATIAL AND MANAGEMENT PLANS

TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASE

[email protected]

COASTAL ZONE SPATIAL AND MANAGEMENT PLANS

TAGUS RIVER BASIN DISTRICT ADMINISTRATION CASE

[email protected]

Page 17: COASTAL ZONE SPATIAL AND MANAGEMENT … PLANNING AND REGULARIZATION OF PUBLIC DOMAIN DEPARTEMENT ... COASTAL ZONE SPATIAL AND MANAGEMENT PLANS ... Current new organizational model:

Maritime Public Domain

Legend: (1) Outer limit of Exclusive Economic Zone (EEZ): 200 miles from the baseline ( The normal baseline for measuring the

breadth of the territorial sea is the sea level.)(2) Outer limit of the continental shelf; (3) Outer limit of the territorial sea;(4) Maximum low line – Low Astronomical Tide (LAT); (5) Maximum high line – High Astronomical Tide (HAT); (6) Landward limit of the margin. This will be 50 m or more, if it is a beach;

(7) Inner Limit of contingent adjacent zone.

Source: INAG, adapted “Comentário à Lei dos Terrenos do Domínio Hídrico”