Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
OF THE COUNSELS OF COASTS
I ARTICULATE. Créanse the Counsels of Coasts as an instance responsible for coordinating the processes
of planning intersectorial, ordering, evaluation, and monitoring of the coastal natural base and of the
associated ecosystems to the coastal zone, related to their sustainable use, conservation, integral
management and restoration; as well as of orienting the investments required and to perform the monitoring of
the public decisions that they be adopted in the same.
The Counsels that treats the present article they will correspond al coastal environment conformed by the
subzona maritime-coastal, the subzona of low tide or of transition and the subzona terrestrial coastal for each
one of the municipalities and coastal districts of the Nation. They will be conformed by the companies
responsible for administering the aprovechamiento and use of the coastal ecosystems and of their water, so
much marine, as estuarinas, and for all those natural or legal persons public or private related to their
sustainable use and conservation, to scale of each municipality and coastal district.
PARÁGRAFO: The National Government inside the six (6) following months to the entrance in force of the
present law, will regulate the nature, conformación, and operation of the Counsels of Coasts in which will be
owed Considering the fair participation of the multiple users of the coastal resources as well as of the
organizations of base conformed by the inhabitants traditionally written down in the coasts.
I ARTICULATE: ON THE SPATIAL ENVIRONMENT OF THE COASTS OF THE NATION. For the purposes
of this Law two types of coastal zone in the country are established: The Continental Coastal Zone and the
Insular Coastal Zone.
I ARTICULATE: The Continental Coastal Zone will be constituted by three subzonas or parallel stripes of
delimitación that conform in their assembly the continental coastal zone. In its longitudinal axis, this zone is a
continuous one of subregiones coastal that extends along the 3.000 kilometers of the coastal perimeter of the
Nation. Said subzonas always they will include the column of water, the air space that is found above the sea
or of the continent emerged, the marine bed and the floor, as well as the so much subsoil for the controls
oceánicos and terrestrial understood in the coastal zone.
Subzona maritime-coastal or stripe of sea outside : It Will Be the band of wide variable understood among
the Line of Low Tide Average (LMBP) and the external margin of the continental platform, corresponding
this margin al continental edge where the slope is accentuated toward the slope and the fund oceánico
abisal. For effects of its delimitación this edge has been determined conventionally for the isóbata of
200m. In the cases in which the platform returns extremely narrow this band will be set among the Line of
Low Tide Average (LMBP) and to a parallel line located to 12 miles náuticas of distance sea inside. The
insular areas located on the continental platform, they will be included in this subzona.
Subzona of low tide ó stripe of transition: It will be the band understood among the Line of Low Tide
Average (LMBP) and the Line of High Tide Average (LMAP). The wide one of this subzona this basically
conditioned by the rank of amplitude mareal and the slope of the coast or the topography of the adjacent
lands emerged to the line of coast.
Subzona terrestrial-coastal ó stripe of land inside : It Will Be the band understood since the Line of High Tide
Average (LMAP), to a parallel line located to 2 km. of distance land inside.
Four criteria should always be complied to delimit geographically the subzona terrestrial of the Coastal
Zone:
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
a.) They should be included in this subzona, the 100% of the spatial cover of the forests of manglar and of
the forests of transition located immediately after native and pangal for the case of the Colombian
Peaceful Region and alluvial plain of the river Atrato). Thus then the band of the 2 km. should be set
from the external edge of the forest of manglar in the Caribbean and of the forest of transition in the
Pacific.
b.) The external limit of this band should be located for the case of coastal gaps without forests of manglar
associated, to 2 km. from the line of maximum elevation of level in the orillal exterior of the system
lagunar. The internal limit corresponds likewise to the LMAP.
c.) Always they should be included inside this subzona the lands emerged of all the areas declared like
Units of Reserve (marine-coastal) belonging to the areas of the System of Natural National Parks and
its corresponding zone amortiguadora (is excepted the Natural National Park of the Sierra Nevada of
Holy Marta).
d.) All the coastal urban centers that extend beyond 2.0 km. since the LMAP, they should be included in
all their extension in this subzona. In this case, the terrestrial limit of this subzona will be set to 2.0 km.
since the most external edge of the urban perimeter.
I ARTICULATE: The Insular Coastal Zone. They are established like limits of the coastal zone of the
Archipelago of San Andrés, Providence and Holy Catalina the following:
Subzona emerged : It Will Understand all the territory islander emerged (islands and keys) utilizing as referring
the Line of High Tide Average (LMAP).
Subzona of low tide and of the terrace arrecifal : It Will Be the band understood among the Line of High Tide
Average (LMAP), the Line of Low Tide Average (LMBP) and the external edge of the terrace prearrecifal
coralina pertaining to the isóbata of the 100 meters. The wide one of this subzona this basically conditioned
by the development of the terrace arrecifal, lagunar and prearrecifal of the ecosystem coralino insular.
Subzona maritime-coastal or stripe of sea outside: It will be the band understood since the external edge of
the terrace prearrecifal coralina pertaining to the isóbata of the 100 meters, to a parallel line located to 12
miles náuticas of distance sea inside.
The limits of the coastal zone of the Island of Malpelo will be the following:
Subzona emerged : It Will Understand all the territory emerged (island and rocks), utilizing as referring the
Line of Low Tide Average (LMBP).
Subzona maritime-coastal or stripe of sea outside: It will be the band understood since the Line of Low
Tide Average (LMBP), to a peripheral parallel line located to 12 miles náuticas of distance.
I ARTICULATE. FUNCTIONS: The Counsels of Coasts will take charge of:
1) Promoting the construction in agreement among the different social and institutional actors, public and
private, for the ordering and integral management oriented toward the sustainability of the coastal natural
base, with emphasis on the aprovechamiento sustainable, conservation and restoration of the goods and
environmental services of the coasts of the Nation.
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
2) Coordinating the processes of planning, evaluation and monitoring of the renewable natural resources and
of the associated ecosystems to the coast for its sustainable use, conservation, management and
restoration; as well as of performing the monitoring of the decisions that be adopted in the same.
3) Orienting the investments, locating and reaches that should carry out the so much public as private
companies, in the framework of the Program of Ordering and Management Integrated of the Coasts
(POMIC) by each one of the members of the Counsel, or in absence of said Program, the ones that define
by means of agreements for the sustainable use, conservation, integral management and restoration of the
coast.
4) Divulging, through its members, in the environment of influence subregional and localities of the coast, the
plans, programs and private and public projects to be executed in this territory in order to guaranteeing the
participation reported of the citizenship.
5) Establishing the mechanisms of monitoring al Programs of Ordering and Management Integrated of the
Coasts (POMIC), or to the agreements to that they arrive in absence of this, and to watch for their
fulfillment.
PARÁGRAFO. The decisions that adopt the Counsels of Coasts will be of obligatory fulfillment for the
companies and the other actors that do part of the same one, according to the environment of their
competences.
PARÁGRAFO. For the execution of the priority actions for the ordering and integral management of the
coast, the counsel negotiated the assembly of the necessary logistic, technical, and financial resources for the
development of the same. For it, it will evaluate alternatives of financial mechanisms that articulate resources
of different sources and companies, and that I encourage the destination of additional resources from plans of
cofinanciación. Said mechanisms will be able to understand the joint administration instruments establishment
of resources, such as fiducias or fiduciary assignments, among others.
PARÁGRAFO. The Programs of Ordering and Management Integrated of the Coasts (POMIC) adopted
before to the date of entrance in force of the present Law, they should be submitted to revision of the Counsel
of corresponding Coasts, when in the respective coast some plan exist or programs formally adopted. As
result of this revision, the Counsel will be able to recommend the modifications to that there be place al
respective Programs.
OF THE COASTAL JURISDICTION OF THE REGIONAL AUTONOMOUS CORPORATIONS AND URBAN
ENVIRONMENTAL AUTHORITIES
The administration of the environment, of the coastal and marine ecosystems, of their renewable natural
resources and the environmental ordering in the coastal and insular zone of the Nation, in attention to the
delimitación indicated in the Articles X and AND, they will be in charge of the following Regional Autonomous
Corporations and Urban Environmental Authorities:
-
REGIONAL AUTONOMOUS CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE
ARCHIPELAGO OF SAN ANDRÉS, PROVIDENCE AND HOLY CATALINA, CORALINA. The jurisdiction
of CORALINA will understand the territory of the Department Archipelago of San Andrés, Providence and
Holy Catalina, the Territorial Sea and the Exclusive Economic Zone generated of the portions emerged of
the archipelago.
- REGIONAL AUTONOMOUS CORPORATION OF THE GUAJIRA, CORPOGUAJIRA. Its jurisdiction will
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
understand besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the
subzona maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of The Guajira.
- REGIONAL AUTONOMOUS CORPORATION OF THE Mary Magdalene, CORPAMAG. Its jurisdiction will
understand besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the
subzona maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of the Mary magdalene, with exception of the coastal territory low jurisdiction of the Local
Administrative Department of the Environment of Holy Marta, DADMA.
- REGIONAL AUTONOMOUS CORPORATION OF THE ATLANTIC one, CRA. Its jurisdiction will understand
besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the subzona
maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of the Atlantic one, with exception of the coastal territory low jurisdiction of the Local
Administrative Department of the Environment of BARRANQUILLA, DADIMA.
- REGIONAL AUTONOMOUS CORPORATION OF THE CHANNEL OF THE DIKE, CARDIQUE. Its
jurisdiction will understand besides it indicated by the Law 99 of 1993, the subzona of low tide or of
transition and the subzona maritime-coastal or of outside existing sea in the Interior Water and in the
Territorial Sea front al Department of Bolívar, with exception of the coastal territory low jurisdiction of the
Local Administrative Department of the Environment of CARTAGENA OF Indias, DAMARENA.
- REGIONAL AUTONOMOUS CORPORATION OF SUCRE, CARSUCRE. Its jurisdiction will understand
besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the subzona
maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of Sucre.
- REGIONAL AUTONOMOUS CORPORATION OF THE VALLEYS OF THE SINÚ AND SAN JORGE, CVS.
Its jurisdiction will understand besides it indicated by the Law 99 of 1993, the subzona of low tide or of
transition and the subzona maritime-coastal or of outside existing sea in the Interior Water and in the
Territorial Sea front al Department of Cordoba.
- REGIONAL AUTONOMOUS CORPORATION FOR SUSTAINABLE DEVELOPMENT OF THE URABA,
CORPOURABA. Its jurisdiction will understand besides it indicated by the Law 99 of 1993, the subzona of
low tide or of transition and the subzona maritime-coastal or of outside existing sea in the Interior Water
and in the Territorial Sea front al Department of Antioquia and Collided in the Colombian Caribbean.
- REGIONAL AUTONOMOUS CORPORATION FOR THE SUSTAINABLE DEVELOPMENT OF THE I
COLLIDE, CODECHOCO. Its jurisdiction will understand besides it indicated by the Law 99 of 1993, the
subzona of low tide or of transition and the subzona maritime-coastal or of outside existing sea in the
Interior Water and in the Territorial Sea front al Department of the Collided in the Pacifico Colombian.
- REGIONAL AUTONOMOUS CORPORATION OF THE VALLEY OF THE CAUCA, CVC. Its jurisdiction will
understand besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the
subzona maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of the Valley of the Cauca.
- REGIONAL AUTONOMOUS CORPORATION OF THE CAUCA, CRC. Its jurisdiction will understand
besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the subzona
maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
Department of the Cauca.
- REGIONAL AUTONOMOUS CORPORATION OF NARIÑO, CORPONARIÑO. Its jurisdiction will understand
besides it indicated by the Law 99 of 1993, the subzona of low tide or of transition and the subzona
maritime-coastal or of outside existing sea in the Interior Water and in the Territorial Sea front al
Department of Nariño.
- LOCAL ADMINISTRATIVE DEPARTMENT OF THE ENVIRONMENT OF HOLY MARTA, DADMA. Its
jurisdiction will understand besides it indicated by the Law 786 of 2002, the subzona of low tide or of
transition and the subzona maritime-coastal or of outside existing sea in the Interior Water and in the
Territorial Sea front al urban environment of the District of Holy Marta.
- LOCAL ADMINISTRATIVE DEPARTMENT OF THE ENVIRONMENT OF of BARRANQUILLA, DADIMA. Its
jurisdiction will understand besides it indicated by the Law 786 of 2002, the subzona of low tide or of
transition and the subzona maritime-coastal or of outside existing sea in the Interior Water and in the
Territorial Sea front al urban environment of the District of Barranquilla.
- LOCAL ADMINISTRATIVE DEPARTMENT OF THE ENVIRONMENT OF CARTAGENA OF Indias,
DAMARENA. Its jurisdiction will understand besides it indicated by the Law 786 of 2002, the subzona of
low tide or of transition and the subzona maritime-coastal or of outside existing sea in the Interior Water
and in the Territorial Sea front al urban environment of the District of Cartagena of Indias.
PARAGRAFO .-Of The management of Common Marine-Coastal Ecosystems and its renewable natural
resources by several Regional Autonomous Corporations, of Urban Environmental Authorities or with the
System of Natural National Parks. In the cases in which two or more Regional Autonomous Corporations or
an or more Corporations and the System of Natural National Parks, or an or more Corporations and an Urban
Environmental Authority they have jurisdiction on a coastal ecosystem or on a mosaic of them in the coastal
zone, they will constitute, according to the regulation that send off the National Government, a joint
commission responsible for arranging, to harmonize and to define politics forThe corresponding environmental
management. In every case its decisions will be of obligatory fulfillment for the environmental authorities.
I ARTICULATE FUNCTIONS. The Regional Autonomous Corporations and the Urban Environmental
Authorities will exercise, besides the functions already assigned, the following functions related to the Coastal
Zone and their renewable natural resources:
1)
Executing the politics, plans and national programs in environmental matter related to the coastal
marine territory of its jurisdiction.
2)
Exercising also the function of maximum coastal environmental authority in the area of its jurisdiction,
according to the norms of upper character and according to the criteria and designed guidelines by the
Department of Environment, Dwelling and Territorial Development.
3) to Promote and to develop the common participation in the processes of planning, in the execution and
environmental protection programs control, of sustainable development and of adequate management of the
coastal renewable natural resources in coordination with the authorities of the territorial companies and
through mechanisms such as the veedurías citizens, networks of environmental developers and other
mechanisms recognized by the law.
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
4) Establishing the criteria and environmental determinants and to guarantee its incorporation in the plans,
programs and projects of development and in the processes of planning and territorial code of the coastal zone
of its jurisdiction, that should they formulate the different agencies and companies members of the
Environmental National System (SINA) and especially the of the Territorial Companies, so that the harmony be
assured and coherence of its politics and actionsThose of the upper level.
5) Attending the problematic environmental urban-coastal one of the municipalities of its jurisdiction with
subjection to the politics that for the effect establish the Department of Environment, Dwelling and Territorial
Development.
6) Promoting and to carry out investigations related to the administration and management of the coastal
renewable natural resources that correspond to the needs of investigation in its jurisdiction, in scientific and
technical coordination with the Institute of Coastal and Marine Investigations, INVEMAR, keeping in mind the
environmental national Politics for the sustainable development of the spaces oceánicos and the coastal and
insular zones of Colombia and leaving from the result of the investigationsadvanced marine-coastal renewable
natural resources by the scientific companies of the country
7) Offering concessions, permission, authorizations and environmental licenses required by the Law for the
use, aprovechamiento and/or mobilization of the coastal renewable natural resources or for the development
of activities that affect or they can affect the marine-coastal environment and to establish the necessary
measures to assure the sustainability of the resources.
8) Setting in the area of its jurisdiction, the limits permisibles of emission, discharge, transportation or
deposit of substances, products, composed or any another matter that can affect the marine environment or
the coastal renewable natural resources and to prohibit to restrict and to regulate the production, distribution,
use disposition and/or vertimiento al sea of responsible substances of environmental degradation. These
limits, restrictions and regulations in no case will be able to be less strict than them you defined by the
Department of Environment, Dwelling and Territorial Development.
9) Exercising the functions of evaluation, control and environmental monitoring of the activities of
exploration, exploitation, benefit, transportation, use and deposit of the not renewable coastal natural
resources, included the harbor activity with exclusion of the competences attributed al Department of
Environment, Dwelling and Territorial Development, as well as other activities, projects or factors that generate
or can generate environmental deterioration to the coasts and al sea. This function understands the
expedition of the respective environmental license.
10) Exercising the functions of evaluation, control and environmental monitoring of the uses of the marine
water and the estuarinas present in the coastal zone in its jurisdiction. It will understand the vertimiento,
emission or incorporation of substances or gaseous, solid, and liquid residues, to the water in any of its forms,
al air or al marine bed, as well as the vertimientos or emissions that can cause damage or to put in danger the
renovabilidad, quality and quantity of the renewable natural resources or to impede or to hinder its employment
for other uses. These functions understand expedition of the respective environmental licenses, permission
concessions, authorizations and salvoconductos.
11) Collecting, according to the law, the contributions, rates, right, rates and fines by concept of the use and
aprovechamiento commercial of the coastal renewable natural resources, to set its total in the territory of its
jurisdiction based on the most minimum rates established by the Department of Environment, Dwelling and
Territorial Development.
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Proyecto Ley de Agua
Subcapítulo Arreglos Institucionales. Capítulo 12: De las Aguas Marinas y de las Zonas
Costeras. Versión borrador para discusión.
12) to Impose and to execute to prevention and without damage of the competences attributed by the law to
other authorities, the preventive measures and sancionatorias predicted in this law, in case of violation to the
norms of environmental protection of the marine and coastal middle in its jurisdiction and of management of
coastal renewable natural resources and to require, with subjection to the pertinent regulations, the repair of
the damages caused.
13) to Order and to establish the norms and guidelines for the management integrated of the coasts and of the
marine water located inside the area of its jurisdiction, according to the upper dispositions and to the national
politics.
14) to Promote and to participate in the Counsels of existing Coasts in its jurisdiction and to incorporate in its
respective instruments of planning and investment the agreements and decisions that there be adopted.
15) to Promote and to execute works of control and management of the erosion and acresión coastal, that they
be necessary for the defense, protection and adequate management of the present coasts in their jurisdiction.
16) to Execute in coordination with the Territorial Companies you program, projects and works of infrastructure
whose execution be necessary for the adequate defense and protection or for the descontaminación of the
coastal and marine water presents in their jurisdiction.
17) to Advance in coordination with the authorities of the native communities and with the authorities of the
lands inhabited traditionally by black communities, to that refers the Law 70 of 1993, programs and projects of
sustainable development and of integral management, aprovechamiento, use and conservation of the coastal
renewable natural resources and of the marine environment.
18) to Include the marine-coastal environmental information in the processes of establishment and operation of
the System of Environmental Information in the area of its jurisdiction, according to the methodologies and
designed guidelines by the Dwelling Environment Department and Territorial Development.
19) to Carry out activities of analysis, monitoring, prevention, and attention of natural disasters in the coastal
zone, in coordination with the DIMAR and other competent authorities.
20) to Assess to the territorial companies in the elaboration of environmental projects oriented al management
integrated and sustainable development of the coastal zones that should they be developed with resources
originating from the National Fund of Regalías or with other of similar destination.
PARÁGRAFO . Prior declamatory favorable of environmental viability by the Regional Autonomous
Corporation of the respective jurisdiction, the Maritime General Direction of the Department of Defense,
DIMAR, as national maritime authority has the function to offer authorizations, permission and concessions for
the temporary occupation of the beaches, lands of low tide and of the maritime water
PARÁGRAFO . The Regional Autonomous Corporations will carry out their new tasks in the subzona of low
tide and in the subzona maritime-coastal of their jurisdiction, in narrow coordination with the DIMAR, with the
territorial companies and with the agencies to the ones that these they have assigned responsibilities of their
competence.
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