MAIN FEATURES OF THE COAST LAW OF 1988.

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DEFINITIONS:

 

The following are to be included in public domain:

 

I) The sea shore and the river bank include:

 

            a) the coastline area this is the area between low and high tide and up to the limit where waves have arrived in the strongest documented storms.

            b) beaches or areas composed of materials like gravel and sand, these can also includes dunes with or without vegetation.

 

Art.4 d- Coast Law Regulation >> RE:  INCLUSION OF DUNES

Dune chains in development are going to be included within the public domain - these are dunes that change in shape as a result of sea or wind contact. Moreover, fixed dunes will also be included up to the required limit that is necessary to ensure the stability of the beach and the coastline.

 

 

DEMARCATION

 

The aproved demarcation, when it states the existence of the physical characteristics related to this law, will declare the public possession and titularity of the goods in favour of the State disregarding the Property Register anotations, as the goods are now included in public domain.

 

SERVITUDES (additional protected areas to public domain)

 

The servitude area will be of 100 metres for areas that are not urban (these will be measured inland). For urban areas, these servitudes will be of 20 metres.

 

In these areas, only works and other developments will be permited. Works that increase the volume or the expropriation value of the building will not be allowed.

 

PROPERTIES INCLUDED IN PUBLIC DOMAIN

 

Owners of properties now included in public coastline domain will now change to hold a concession right for the use and utility of the property that is now public land. This concession will be for 30 years with the possibility of extending it for an additional 30 years, whenever respecting the existing uses of the properties. They will not be obliged to pay any fee for this concession.

 

Those works and instalations that  are legal according to the previous text, as well as those buildings that can be constructed according to the local laws, if these are contrary to the current law (ie if included in public domain), then the following rule will apply:

 

If these buildings occupy an area included in public coast line, then they will be destroyed at the end of the concession.

 

 

PUBLIC USE OF LAND

 

Privately-owned land that follow the 2nd transitory disposition in this law will be declared open for public use with an expropriatory effect. Those lands included in the servitude will be expropriated as well if necessary to guarantee the protection of the coastline area as public land.