INTRODUCTION
This report represents the Draft of Romanian National Report (WP1.1), based on the Terms of
Reference provided by Lead Partner on 21st of December 2006.
The partnership behind the Report consists of the PP13 and PP14 teams.
This report does not necessarily reflect the official opinion on the issues, but the opinion of the
specialist involved in the project. According to their expertise, the content of the Report was
elaborates as follows:
PP14 – NIUSR URBANPROIECT:
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Chapter B. - GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN
THE COUNTRY
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Chapter C. - SPECIFICITIES OF SPATIAL PLANNING IN COASTAL AREAS
PP13 – NIMRD GRIGORE ANTIPA:
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Chapter D. – INTEGRATED COASTAL ZONE MANAGEMENT
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Chapter E. – MARITIME SPATIAL PLANNING
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Chapter F. – LINKAGES TO INTERNATIONAL POLICY
PP13 & PP14:
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EXECUTIVE SUMMARY
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ANNEXES
March 2007
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TABLE OF CONTENTS
A. EXECUTIVE SUMMARY
B. GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN THE COUNTRY
Evolution of the spatial planning in the country
Agencies of spatial planning and regional development – the institutional infrastructure
The planning framework
Involvement of public
The control of development
Land policies related to coastal areas
Urban, countryside and transport planning/policies
Environmental protection and planning
Conservation of nature and cultural heritage
General introduction on coastal zone planning
General introduction on maritime spatial planning
Assessment of/commentary on advantages and gaps
C. SPECIFICITIES OF SPATIAL PLANNING IN COASTAL AREAS
Main problems and issues related to uses in coastal areas, conflicts
Planning in coastal zones: Urban policies, Countryside planning, transport policies
Assessment of/commentary on advantages and gaps
D. INTEGRATED COASTAL ZONE MANAGEMENT
E. MARITIME SPATIAL PLANNING
F. LINKAGES TO INTERNATIONAL POLICY
ANNEXES
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FIGURES
National Spatial Plan - Section IV – Settlements network
National Spatial Plan - Section III – Protected areas – Natural areas
National Spatial Plan - Section III – Protected areas – Built areas
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A. EXECUTIVE SUMMARY
According to the Law no. 2/1968 concerning the administrative organization of the
Romanian territory, there are two categories of units: counties (NUTS 3) and towns and
communes (meaning rural units NUTS 4). Spatial planning activity is legally defined by the Law
350/2001 on Territorial and Urban Planning (revised with the Law 289/2006).
Romanian spatial planning system has a hierarchical structure: a detailed plan must comply with
the guiding provisions from the plan dedicated to a superior territorial level
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B. GENERAL DESCRIPTION OF THE SPATIAL PLANNING SYSTEM IN THE
COUNTRY
Evolution of the spatial planning in the country
The Romanian territorial planning is considered to have a notable tradition. The evolution and
historical roots of territorial planning in Romania can be traced back to the 20s and 30s of the
last century, inspired by German theories of spatial organization. This heritage has been
preserved by planners after 1948 when the system was organized according to the Soviet model.
Meanwhile they had been strongly influenced by the new French DATAR experience, more so
as the overall territorial and urban/rural structure of Romania is somewhat similar to the French
one, including the primacy of the Capital City against the „province”, with a few „metropoles
d’equilibre”. However, the main principle of structuring the network of cities, towns and rural
settlements has been and still is the theory of central places, which in a way corresponded to the
Romanian traditional way of thinking about society, and to the strictly hierarchical organization
of the communist society.
As for urban planning, the dominant model has always been the Mediterranean one; more so as
„urbanism” has been taught for decades at the Faculty/Institute of Architecture. During the
communist era, urban planning had to cope with the introduction of strict economic and social
developmental criteria, but the dictatorship definitively spoiled the idea of planned urban
development. As a result – combined with the land and real estate (re)privatization measures –
any urban policy has been made impossible at least for a while.
The key institution at national level is a ministry responsible for spatial and urban planning. Such
a ministry – sometimes called Committee, Council or Commission – has existed for
approximately 60 years.
After 1990 the experts have hardly tried to minimize the conceptual distinctions between
Romania and Western Europe. Unfortunately, from the point of view of institutions and specific
policies, one can see the loss of territorial planning domain's importance. This fact is also shown
by the names of those ministries that have coordinated the activity at the national level. Soon
after the Revolution, a national committee for urban and territorial planning worked under the
Government's direct control. Then, it was replaced by the Ministry of Public Works and
Territorial Planning that became the Ministry of Public Works, Transports and Housing.
Currently, the responsibility for spatial planning at national level lies with the Ministry of
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Transportation, Constructions and Tourism. The relevant department is headed by a Delegate
Minister for Public Works and Territorial Planning. A department of territorial planning and
regional development has been founded under the Prime Minister` Chancellery.
Agencies of spatial planning and regional development – the institutional infrastructure
The current administrative - territorial structure of Romania is consistent with the historical
division of the country in 41 counties (“judet”) – NUTS 3, 319 urban localities and 2855
communes (clusters of rural settlements) - NUTS 4 (December 2006).
The 8 Development Regions have been designed to match NUTS 2 criteria; they are not statutory
administrative entities and are not legal persons. There are 3 levels of government:
national/central, county and local level. The legal and institutional framework for spatial
planning is fully defined by the Law on Territorial and Urban Planning (no 350/2001 which was
revised with the Law 289/2006)
The roles and responsibilities of governmental layers and agencies are established as follows:
“Competencies of the central public administration:
The activity of the territorial planning and urban planning at national level shall be coordinated
by the Government, which shall establish, in comparison with the Governing Programme,
priority programmes, guiding lines and sectoral policies.
The Ministry of Transports, Constructions and Tourism – MTCT - (named Ministry of Public
Works, Transport and Housing in 2001) shall be the specialized body of the Government in the
field of territorial and urban planning having, in this capacity, the following duties:
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the elaboration of the National Concept for Spatial Development and the National Spatial
Plan;
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the elaboration of the Regional Spatial Plans, which shall substantiate the regional
development plans;
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the elaboration of the General Urban Plan for the Capital City and its Regulations;
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the endorsement of the drafts of normative documents referring to the activity of the
territorial and urban planning;
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the collaboration with the ministries, as well as with the other bodies of the central public
administration, for the substantiation, from the point of view of the territorial and urban
planning, of the sectoral strategic programmes;
-
the collaboration with the councils for regional development, the county councils and the
local councils, as well as the follow up of the way in which the governmental programmes
and the guiding lines in the field of territorial and urban planning at regional, county and
local level are applied;
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The Ministry of Public Works, Transport and Housing may request the local public
administration authorities to elaborate or to modify a documentation of territorial and
urban planning with a view to deepening, detailing or applying of certain provisions
included in the sectoral strategic programmes of the Government, as well as for the
observance of the State's general interests.
Competencies of the county public administration:
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The county council shall coordinate the activity of the territorial and urban planning at
county level.
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The county council shall establish the general orientation regarding the territorial and
urban organization and development of the localities. To this end, it shall coordinate the
activity of the local councils and shall grant them technical specialty assistance.
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The county council shall ensure the taking over of the provisions included in the plans of
the national, regional and local levels within the territorial and urban plans for their
administrative territories
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The county council may request the local councils to elaborate or to update a territorial and
urban plan with a view to ensuring the applying of certain provisions included in the
county development programmes; the request shall be transmitted to the local council,
accompanied by the explanation of the motives underlying the county council decision and
the term fixed for the elaboration or modification of the documentation”.
The structure of the Councils’ offices may differ, but there is always a Territorial and Urban
Planning technical service, headed by the County’s Chief Architect. They do not prepare the
spatial plans themselves, but only deskwork, control and inspection activities. The territorial
planning activities proper are assigned, by compulsory tendering procedure, to professional
planning organisations, which are mostly private undertakings.
“Competencies of the local public administration:
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The local council shall coordinate and shall be responsible for the entire activity of urban
planning carried on in the territorial-administrative unit and shall ensure the observance of
the provisions included in the approved documentation of territorial planning for the
carrying out of the programme of urban development of the component localities of the
commune or town.
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The local council shall cooperate with the county council and shall be supported by it in
the activity of town and country and city planning.
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In the process of drawing up the programme of urban development of the localities, the
local council shall also cooperate with institutions, economic units, nongovernmental
bodies and organizations of national, county or local interest.
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In the carrying out of its duties in the field of the territorial and urban planning, the local
council shall utilize information from all the fields of socio-economic activity.
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The decentralized public services of the ministries and of the other central bodies, the
economic units, nongovernmental bodies and organizations that carry on their activity at
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local level, shall be obliged to supply, free of charge, the necessary information with a
view to carrying on the activity of territorial and urban planning at local level.”
The National Commission for Urban and Spatial Planning is a body of MTCT whose role is
to provide advice and assistance in urban and spatial planning activity. It is constituted from
experts and professionals in the field.
MTCT cooperates with other ministries and central bodies:

The Ministry for European Integration is a specialized body of the central public
administration that fulfills assignments related to and is in charge of drafting,
promoting, coordinating, managing, implementing and monitoring Romanian regional
development policies and strategies as well as the social and economic cohesion
schemes. It is the manager of the National Fund for Regional Development and fulfills
the secretarial work for the National Council for Regional Development.

The National Council for Regional Development is a decisional body for the
elaboration and implementation of the regional policy objectives and set up according
to partnership criteria.

The Regional Development Agencies are non-governmental bodies having judicial
personality that act at the regional level in the field of regional development.

The Regional Development Council is a regional deliberative body, having not
judicial personality, which acts according to the principles of partnership at the regional
level. Its responsibility is to coordinate the elaboration and monitoring activities of the
regional development policy.
There are some public agencies with major role in spatial development which are scientific
and research agencies that are subordinated either to some Ministries, or to the Romanian
Academy. They formulate strategies in the field of urban and spatial development, draw up plans
and maps at national level, identify cultural and natural heritage, and provide advice in laws
drafts in the field of spatial development.

The National Institute for Urban and Spatial Planning and Research URBANPROIECT

The Architecture and Urban Planning Institute “Ion Mincu”

The National Commission for Historical Monuments

The Institute of Geography (part of the Romanian Academy).
There are also some private agencies operating at the regional level whose activities are:
elaborating urban and spatial plans and studies, evaluating the tourist potential of a certain area,
planning the water management, making studies for rehabilitation of the natural and cultural
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heritage at regional level, making projects for housing and public infrastructure, providing
consulting services, expert examination etc, realizing topographical survey, cadastral plans, etc.
The agencies that operate at lower level have the same profile as the ones mentioned above but
their scope is smaller, being restricted to the local, county or inter-county level.
The planning framework
The spatial planning is legally defined by the above mentioned Law 350/2001.
In Romania – like in other European countries – spatial planning is the activity with the aims of
balancing demands for development with the need to protect the environment and to achieve
social and economic objectives. Spatial planning embraces measures to co-ordinate and
integrates the spatial impact of other sectoral policies. Spatial planning encompasses elements of
national planning, regional (zonal) planning and land use planning. Unfortunately, spatial
planning has, for the moment, a legislative and institutional gap referring the regional policy.
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National spatial planning includes a broad development framework that guides spatial
development patterns and lower-tier spatial plans.
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A regional planning attempt to shape development patterns within a region or a county
though a strategy which links physical changes with economic, social and environment
policy. Regional planning operates at a level below national level but above the local level.
It can also refer to administrative territories that associate in order to solve a common
problem. This is the case of inter-county, inter-municipal, inter-communal plans, crossborder plans and metropolitan and peri-urban plans.
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Land use planning (or urban planning or physical planning) operates at the NUTS 4 level
(cities, towns, communes) in order to regulate the conversion of land and property uses,
considering the complex development of settlements (economic, ecological, social,
cultural), taking into account the principles of sustainable development.
The spatial planning documents are:

The National Spatial Plan

The National Concept for Spatial Development

The Zonal Spatial Plan

The County Spatial Plan

The General Urban Plan

The Zonal Urban Plan

The Detailed Urban Plan
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The National Spatial Plan (NSP) is a synthetic guiding document which brings into harmony
the sectoral strategic schemes. After their adoption by the parliament, the NSP sections are laws.
NSP contains the following sections:

Section I – Transport Infrastructure (Law no. 363/2006)

Section II – Water Management (Law no. 171/1997)

Section III – Protected Areas (Law no. 5/2000)

Section IV – Settlements Network (Law no.351/2001)

Section V – Areas of Natural Risk (Law no. 575/2001)
The following Sections are in the process of elaboration:

Section VI – Touristic Areas

Section VII – Education Infrastructure

Section VIII – Rural Areas
The County Spatial Plan (CSP) is a compulsory guiding document and represents a spatial
expression of the socio-economic development scheme of the county. It is correlated with the
National Spatial Plan and Zonal Spatial Plan and the governmental sectoral schemes and other
development schemes. The provisions of the CSP are compulsory for the other urban and spatial
plans which detail them.
The Zonal Spatial Plan (ZSP) has a guiding role and is meant to solve specific problems of
particular territories. These plans can be inter-communal, inter-municipal, inter-county plans,
regional plans, border or cross-border plans, metropolitan or peri-urban plans.
A General Urban Plan (GUP) has a guiding and operational regulation character. It constitutes
the legal base for the implementation of the development programs and actions for the whole
territory of an administrative unit (NUTS IV) that can be a city, a town or a commune (rural
administrative unit comprising one or more villages). It contains the regulations for an entire
administrative unit referring to: delimitation of the build-up area of the settlement, functional
areas and transport infrastructure, public infrastructure, protected areas and monuments, property
types and legal circulation of the property, green areas. GUP also stipulates the future evolution
of the settlement, the functional development directions, the layout of traffic corridors and major
infrastructure routes.
A Zonal Urban Plan (ZUP) has a specific regulation character and is correlated with the
provisions of the GUP. It refers at the organization of the road system, types of land use, the
public infrastructure, the legal status and circulation of the property, the protection of historic
monuments, etc.
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A Detailed Urban Plan (DUP) has only a specific regulation character; it contains provisions
regarding one or more buildings.
The Law no 315/2004 for Regional Development stipulates the institutional framework, the
objectives, the competences and specific instruments of the regional development policy in
Romania. The regional development policy represents the set of the governmental policies
having the aim to foster the balanced and sustainable socio-economic development of the
geographical areas that constitute the development regions. The territory of Romania is divided
in eight development regions. These are not administrative units and have not judicial
personality. Each contains the territories of 4 – 7 counties. The development regions form the
spatial framework for the elaboration, implementation and assessment of the regional
development policies, and also for statistical data collection for the NUTS2 level.
Involvement of public
Law no. 350/2001 on Territorial and Urban Planning
In the section dedicated to “Citizens participation in urban and spatial planning process” is
specified that “public involvement represents a process allowing citizens to express their options
and opinions regarding provisions in urban and spatial planning documents”.
There are stipulated two ways for public participation: information and consultation within
evolvement and approval process. Local authorities are responsible for the organizational aspects
regarding public participation in urban and spatial planning process.
Recent amendments stipulate that:
• local authorities have to display the information in mass-media and in public places;
• public consultation has to be realized before the approval of the documentation.
Public access to the urban and spatial planning documents became more facile but there is not a
real progress regarding participation in consultation stage.
Law no. 52/2003 regarding Decisional Transparency in Public Administration
This law aims to increase the responsibility of the administration toward the citizens by requiring
public institutions to submit draft decisions and legislation for public debate, thus setting up a
mechanism for increased citizen and civil society participation in decision-making processes.
This regulation stimulate the active participation of citizens and NGOs to the decision making
process and the development of the practice of public debate in drafting regulations.
This law grants public involvement in decision making process, but it doesn’t stipulate this as an
obligation in the case of urban planning projects. In conclusion, this law rather enunciates
principles than offering practical instruments for action.
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Government Decision no. 564/2006 regarding the frame procedures of public participation
in the development of certain plans and programs having environmental impact and
Government Decision no. 564/2006 regarding the frame procedures of environment impact
assessment and regarding the approved list of public and private projects that are subject
of the procedure represent the answers to the European requests regarding the public
participation in the process of environmental assessment.
Despite these legislative provisions, the involvement of the public, private and voluntary sectors
in the planning process is still a challenge. The most important reason for the situation is
probably the lack of tradition due to the 50 years centralized system that has denied the private
ownership.
The control of development
The development control is the process, laid down in legislation, which regulates the
development and use of land and buildings. The Romanian legal framework on this issue is
mainly based on two laws.
The first one is the Law 50/1991 regarding the licensing of building works and measures for
houses implementation – republished and completed through the Law 453/2001.
According to this law the building activities are allowed only based on a Building/Abolition
Permit. This permit is issued by the local public administration according to the regulations on
localization, design, execution and functionality for constructions. The authorities responsible
with the issuing process are the presidents of the county councils, the general mayor of Bucharest
municipality, the city halls of each sector in Bucharest and the town halls, according to the
localization of the construction site.
The first step in obtaining a Building/Abolition Permit is represented by Urbanism Certificate
which is an information act on which, the mentioned authority, informs the applicant on the
juridical, economical and technical status of the sites or of the existing buildings. Based on the
existing urban plans and regulations, in the Urbanism Certificate are established and mentioned
the urbanistical requirements to be fulfilled according the specificity of the location. All other
legal accords and notifications necessary for obtaining the Building/Abolition Permit are
mentioned in this certificate. The Urbanism Certificate itself doesn’t offer the right to start any
construction works.
This certificate, together with the property certificate, the technical project (done by authorized
personnel) and the Unique Accord (accords and notifications for utilities, fire brigade, civil
defence, environment protection) will allow the applicant to obtain a Building/Abolition Permit.
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The second law is represented by the Government Decision no. 525/1996 on approve of the
General Urbanism Regulation (GUR). The GUR represents the entire unitary system of technical
and juridical norms on which the future spatial plans, urban plans and local urbanism regulation
will be elaborated. It includes the rules for land use and constructions localization and it is valid
for all the construction works, on any category of terrain and inside or outside the building limit
(built-up area limit) of the localities.
This law stipulates regulations for:
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land use (agricultural, forestry, water, natural and build up protected areas),
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constructions safety and public interest provisions (natural and technological hazards,
public works),
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location (in relation with public roads, railways, waterways, airports, state frontiers),
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mandatory access (car and pedestrian access),
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technical utilities and equipments,
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shape and size of parcels (height of construction, minimal front on the street, exterior
aspect of constructions),
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parking areas and green spaces.
All the actors involved in spatial and urban planning activities together with architects and
engineers interact in order to encourage and facilitate appropriate development. By taking into
account the potential impact of new developments and protecting the public interest from
inappropriate development they recognise the significance of building. In the same time, they
carefully consider the environment protection and the economical health as whole.
Land policies related to coastal areas
The interest for the land along the shore line is numerated by the sale prices. These prices are
much higher beside others, even the land is an agriculture one and not located in the settlement
built-up area. After 1990 and until the promulgation of the juridical acts that stipulates that the
beaches are public property of the Romanian state, some local administrations thought that they
can sell them. The Emergence Ordinance no. 202/2002, modified and added by the Law no.
280/2003 states the interdictions and the restrictions concerning different types of activities,
introducing the ICZM concept (see next Chapters).
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Urban, countryside and transport planning/policies
Urban planning, as described in the Chapter “The planning framework”, refers both for urban
and rural settlements. Every urban or rural administrative unit (NUTS 4) must have a General
Urban Plan that has to be reviewed after five - ten years or more often in case of occurrence of
development opportunities with major spatial impact. Every urban plan is closely related with
other sectoral or general local development strategies.
Romania developed the National Program for Agriculture and Rural Development for the period
2000-2006 under the EU Special Accession Program for Agriculture and Rural Development
(SAPARD). The strategy for the period 2007-2013 is not finalized for the moment.
A national sectoral policy with an important spatial impact might be the provisions regarding
“the development and modernization of rural settlements” included in the current Government
Programme:
In the chapter dedicated to Agriculture and Rural Development it is stipulated that:
“The Government shall promote rural development policies as follows:
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Development of local development plans with four-year validity for each rural settlement
and their integration in county and regional development plans to facilitate capital
investment for infrastructure.
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Corroborating the development plans of the rural space with the development plans for
agricultural, educational, public health, welfare and public utility services.
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Encouraging rural tourism and the production of ecological products.
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Assessing the economic opportunities in rural areas located peripherally or in adverse
natural environments, to substantiate local development plans”.
The Sectoral Operational Program - Transport (SOPT) is one of seven operational programs
under the “Convergence” Objective.
Key transport-related issues identified in Romania’s National Development Plan were:
• Domestic transport, although diversified, has insufficient capacity for transporting freight and
passengers, especially in certain areas and during certain parts of the year (summer season, weekends);
• The transport infrastructure is insufficiently developed, and requires significant investment in
order to meet European standards;
• Access to the West-European corridors, as well the Eastern and Southern Europe ones is limited
and made difficult by the low transport capacity and the quality of specific physical
infrastructures (only 100 km of highway, non–modernized national roads etc);
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• Romania’s location at the crossroads of many roads connecting Eastern to Western Europe and
Northern to Southern Europe, as well as the location of the country on the transit axes connecting
Europe to Asia, point out the importance of a developed infrastructure;
• Romania’s access to the Black Sea and the Danube River represents an opportunity and an
argument to increase the level of transport on waterways, taking into account the low costs as
compared to land and air transport.
The objective of the Sectoral Operational Program – Transport is to promote a transport system
in Romania, which will facilitate safe, fast and efficient movement of persons and goods with
appropriate level of service at European standards, nationally, Europe-wide and between and
within Romanian regions.
Further, the specific objectives are:
i. Promote international and transit movements of people and goods in Romania by providing
effective connections of the port of Constanta, as well as Greece, Bulgaria and Turkey, with the
EU through the modernization and development of the relevant TEN-T priority axes
ii. Promote effective movement of persons and goods among Romanian regions and their transfer
from the hinterland to priority axes by modernizing and developing national and TEN-T
networks
iii. Promote the development of a balanced transport system of modes, based on the respective
competitive advantage of each, by encouraging the development of rail, waterborne and
intermodal transport, and
iv. Promote sustainable development especially by minimizing adverse effects of transport on the
environment and improving safety.
The seaports of Constanta, Mangalia and Midia are on the Black Sea, while Braila, Galati, Tulcea
and Sulina on the Danube operate as river/sea ports. The maritime section of the Danube consists
of the 170 km length from Sulina to Braila.
Constanta Port
The Port of Constanta is the main Romanian port and the largest port in the Black Sea. It offers a
link between the developed countries of Western Europe, and the emerging markets of Central
Europe, with the raw resource from the CIS, Central Asia and Transcaucasus, and with
containerised cargoes from the Far East. Constanta has a strategic geographic location that has
the potential to provide access to Europe from the Black Sea and a transhipment point between
the maritime network and the road, rail and inland waterway networks. It is located at the
crossing of TEN-T priority axes 7 (Road), 18 (Rhine/Meuse-Main-Danube inland waterway), and
22 (Rail) and thus has the potential to become an alternative gateway for the Central/East Europe
– Asia corridor. Its two satellite ports, Midia and Mangalia, are located nearby, and share
functions with themain port.
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Environmental protection and planning (pollution, waste, EIA, SEA)
A Romanian environmental policy was practically inexistent before 1980s, but become an
independent domain of the national policy after 1999. The 1991 Constitution was the first major
step in recognition of the fundamental right of the citizens to a healthy environment. Another
important step was done in 1992 by the appearance of the National Strategy for Environmental
Protection. A National Action Plan for Environment Protection was concluded in 1993.
Beginning with 1996, national strategic principles, priorities and objectives are more and more
linked with the Communitary ones. After the adoption of the National Accession Program in
1999, the environmental policy has evolved according to the EU strategy for the candidate states.
In 2002 were opened the negotiations for Chapter 22 and in 2004 the negotiations were finalized
in November 2004.
According to the position paper, Romania accepted the “acquis” in the field of environmental
protection as in force on 31 December 2000. It implemented the acquis in the field of
environmental protection at the date of accession, with the exception of some requested
transition period. These transition periods applied to air quality, waste management, water
quality, and industrial pollution control and risk management.
The European Commission Monitoring Report in 2006 confirms the progress that has taken
place in the areas of horizontal legislation, waste management and water quality. “Legal
transposition and the necessary implementation steps remain to be completed. Administrative
capacity in these sectors should be further reinforced particularly at local/regional level.
Important progress has been made in the area of industrial pollution. Efforts should be continued
to issue permits of a sufficient quality and to strengthen administrative capacities. The National
Environmental Guard should be able to ensure appropriate enforcement of environmental
legislation. The area of nature protection deteriorated and the full implementation of the acquis
as from accession need to be ensured. In particular, strengthening of the administrative capacities,
of the cooperation and coordination mechanisms as well as the completion of the preparations for
special nature protection areas is needed.”
Strategic Environmental Assessment (SEA) system in Romania
SEA represents an instrument which ensures the taking into account the impact on environment
by the governmental actors which are involved in the planning and decisional process. SEA
looks at decisions with a more pronounced strategic character.
Some of the relevant aspects of SEA are:

All the plans and programs that might have negative impacts on environment are
objects of SEA
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
The public must be consulted in the process of SEA

The examination of the quality of the SEA report is mandatory.

Alternatives of the planning activities in the SEA process must be taken into account
and assessed.
A two-year Dutch-assisted project was set up in January 2006 for the implementation of the SEA
in the planning processes in Romania. This project is relevant for all the governmental
authorities which are involved in the SEA process. It is also relevant for the specialists and the
public structure that will be involved in the SEA implementation.
Environmental Impact Assessment (EIA) in Romania
The European Commission financed the project PHARE2000 “Technical Assistance for ensuring
the Compliance with the Directives regarding the Environment Impact Assessment” in order to
finish the process of transposition of the acquis. The beneficiary of the project was the Ministry
for Environment and Water Management. The objectives of this project are:

The finishing of the process of transposition in the Romanian legislation of the
European legislation regarding the environment impact assessment and the public
participation

The elaboration and implementation of the internal procedures at national and local
level for the managing and control of the transposed legislation

The reinforcement of the institutional capacity of the authorities for environment
protection at national, regional and local level, for the implementation and control of
the new legislation

The rising of the public awareness and understanding of the European
requests
regarding the public participation in the process of environmental assessment
Ministerial Order no. 860/2002 stipulates that EIA constitutes the basis for environmental permit.
Environmental aspects are fully integrated in spatial planning activity and consequently, in
spatial plans for al territorial levels.
For example, the National Spatial Plan contains Section V that identifies areas with natural
risks. These are defined as geographical areas inside which destructive natural phenomena can
occur and which can affect the population, the human activities and natural and built
environment and can produce damages and human toll.
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Conservation of nature and cultural heritage
The issue of natural and cultural heritage is generally known and accepted like a national priority.
This fact is illustrated by the existing legal framework. The Ministry of Environment and Water
Management, the Ministry of Culture and Religious Affairs, the Ministry of Transports,
Constructions and Tourism, together with their territorial and subordinated institutions
coordinate and implement specific national policies. The state of the natural and cultural heritage
is still inadequate, mainly due to the lack of financial resources.
Section III of the National Spatial Plan defines the natural and cultural protected areas of
national interest. These territories contain natural and/or cultural heritage that are the objects of
the preservation objectives.
The Emergency Ordinance No. 236/2000 regarding the protected natural areas, conservation of
the natural habitats and of the wild flora and fauna defined the categories of natural protected
areas that composed the national network:
Categories at national level:

Scientific reservations – corresponded to I IUCN category

National parks - corresponded to II IUCN category

Monuments of nature - corresponded to III IUCN category

Natural reservations - corresponded to IV IUCN category

Natural parks - corresponded to V IUCN category
Categories appointed by international regulations:

Natural sites of the universal natural heritage

Wet areas of international importance

Biosphere reservations

Special areas of conservation

Special Protected Avifaunistic Areas
The Emergency Ordinance is being revised in order to comply with the European legislation in
the natural protection field. The new classification proposed will add two categories:

Sites of communitarian interest

Geoparks
The Special areas of conservation and the Special Protected Avifaunistic Areas are part of the
European network NATURA2000. The Sites of communitarian interest can also contribute to the
coherence of this network.
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The difference between the former and the last classification is that the former divides the natural
heritage in areas of national interest and areas of international interest, while the last makes no
differentiation of the interest among the categories.
In December 1993 the parliament adopted the Law no. 82 (completed in modified by Law
454/2001) establishing the Danube Delta Biosphere Reserve (DDBR). The Governmental
Decision no. 248/1994 adopted the statute of DDBR and the strictly protected areas, buffer zones
and transition areas.
General introduction on coastal zone planning
Currently, the coastal areas have not a very specific approach from spatial planning point of view.
The pressure on this type of territory is a real threat for their sustainable development. The lack
of determination in implementation of the few existing regulations (see next Chapter) already
induces a lot of conflicts.
General introduction on maritime spatial planning
Maritime spatial planning is not included in the existing planning framework.
Assessment of/commentary on advantages and gaps
By virtue of its tradition, Romanian territorial and urban planning system has European roots.
The French “aménagement du territoire”, a non statutory approach rooted in intervention by the
central state in territorial development, has been the main inspiration for the planning model
embraced by the Romania.
The regional economic approach coming from the French matrix, the social development
component make the Romanian planning system fit to cope with regional planning requirements
and to evolve towards full fledged spatial development planning.
After 1990 and until 2001 when the law concerning territorial planning and urban planning
appeared , the regulations had guide the plans also towards the approaching of aspects about
natural and cultural heritage’s conservation and other environment issues – aspects that had been
entirely neglected in the communist period, establishing, in the same time, a strategic character of
these documents.
In Romania’s case, the strong hierarchical and regulatory character of the planning system can be
considered an advantage.
However, spatial planning activity has been relatively neglected so far. The importance of the
domain is not enough recognised.
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This fact is intensified by the lack of the co-ordination at the national level, the structural
weaknesses of central and local institutions in charge with spatial planning (the lack of qualified
personnel, a low remuneration standard but political fights, also).
The involvement of politics in (spatial) development policy implementation is particularly visible
in pre-election periods, when lagging development projects are revived and political actors
compete for their implementation and identification of new promising development projects and
opportunities. Local authorities are not enough involved in the implementation/monitoring
process of the spatial plans.
The increasing of the role of spatial planning through institutional measures should refer to
territorial government.
This institutional question concerns at least three dimensions of territorial governance:

Vertical relations of territorial governance, meaning not only the problem of coordination
between the various administrative levels of planning, from EU to local, but especially the
quality of connections to be established

Horizontal relations of territorial governance, referring not only to problems of coordination
between different sectors of interventions, but the relationship between overall strategies and
individual projects in spatial transformations

Coordination between cohesion and subsidiarity in territorial governance, representing the
crucial node of territorial cohesion policy.
The lack of a proper integration of territorial planning and regional development is another
weakness. For the moment, the two activities have not enough connected legislation and they are
coordinated, at central level, by two distinct ministries. At regional level the gap between the two
activities is more evident. Only two of eight development regions have a regional spatial plan.
The fact that the regions are not territorial - administrative structures and they have not their own
regional administration entails the powerlessness of the regional spatial plans.
The issue of maritime spatial planning and the implementation of the ICZM must be initiated in
the existing spatial planning framework. The PlanCoast project is a opportunity and a starting
point.
The political will is more important than technical arguments in overcoming obstacles related to
the development of spatial planning in Romania. The profession of territorial planner does not
exist in the present university curricula. The University of Architecture and Urban Planning
provides a small number of courses dedicated to this speciality and in Bucharest there is only one
course of master on territorial planning and regional development within this university.
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C. SPECIFICITIES OF SPATIAL PLANNING IN COASTAL AREAS
Main problems and issues related to uses in coastal areas, conflicts
The global problems of the coastal area are determined by the existing, and in the same time
potential, conflict between development and conservation.
A specific problem is represented by the concentrated pressure exerted by the human activities in
specific areas of the coastal line, pressure which generate a risk of irreversible perturbations and
a chain of consequences difficult to predict and control.
An important characteristic of the Romanian coastal area is represented by the differentiation
between the northern unit (Musura Bay - Cape Midia ) and the southern one (Cape Midia – Vama
Veche). While the northern unit is focused on the preservation of nature (Danube Delta
Biosphere Reserve - DDBR), the southern one has mainly developed harbor activities, industry
and tourism.
The northern unit - DDRB
The main geographic divisions of the
DDBR are as follows:
 Danube Delta
 Maritime Danube to Cotul Pisicii
 Isaccea- Tulcea sector of the
Danube flood plain
 Sãrãturile Murighiol - Plopu brackish
lake
 Razim- Sinoie lagoon complex
 The coastal Black Sea up to 20 m
isobath
 The coastal marine waters
Danube Delta is situated in both Romania and
Ukraine:
 Total area: 4 178 km2 as:
82% - 3 446 km2 in Romania
18% - 732 km2 in Ukraine
See maps and other information on:
http://www.ddbra.ro/ENG/DDBRA/UConstr.html
The southern unit
The coastal area situated between Cape Midia, to the north, and Vama Veche, to the south, is
constituted from two types of shores with specific problems:
1) Shores with low water depth and sandy bottoms, without rocks, situated at Mamaia,
Eforie Nord, Eforie Sud, Vama Veche very exposed at the shore corrosion
phenomenon;
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2) Shores with rocky and sandy bottoms, fringed by cliffs with height of 20-30 m where
the biological diversity is well represented. In this area is situated one of the most
important protected area from the whole Black Sea basin, namely the marine
reservation Vama Veche - 2 Mai. Spread on 5000 ha, this area include on of the
richest benthonic association from the west coast of the Black Sea.
Both are affected by human pressure exerted by economic activities and/or population
concentration in the area – the population from the Constanţa County is concentrated on the
coastal area which influences the demand of resources and marine services.
The lack of a coherent strategy for the development of tourism, of adequate investments and the
improper privatization of the treatment and accommodation facilities has resulted in a chaotic
development of constructions and an uncontrolled exploitation of the coastal area.
Planning in coastal zones;
Urban policies, Countryside planning, transport policies
Based on the Government Decision no. 749/2004 regarding the preservation of the ambient
conditions in the coastal area, the urban and spatial plans have to include graphical
representations of the piece of land with a width between 50 and 150 meters, immediately
situated to the shore line, which is designated to conserve the ambient conditions, the heritage
and the landscape values situated on the seashore.
The width of this protected piece of land is established based on the technical studies concerning
the most advance line of the sea and take in consideration the waves, the winds, the sea level and
the geomorphologic configuration of the seashore.
The Law 280/2003 regarding the Integrated Coastal Zone Management defines and
establishes the coastal zone and adopts measures in order to ensure its integrity. Likewise, the
law entitles the public utilization of this area based on the principles that ensure the environment,
landscape, heritage, historical and archeological protection.
This law adopts the principle “polluter pays” and based on that the environmental degradation
from the coastal zone will be healed by the one who has cause it.
On the whole length of the coastal zone the authorization of new roads which follow the seashore
is strictly forbidden. A similar provision is valid for all the traffic and parking outside the
designated areas.
The correlation of the environmental policies with the sector policies regarding agriculture,
forestry, energy, industry, tourism and fishing is also desired.
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The law redefines the right of property along the shores, the protected piece of land established
based on the most advanced line of the sea enters in the public domain of the state and no private
right can be opposed. The owners of the private properties affected are entitled to compensations.
The Law 280/2003 regarding the Integrated Coastal Zone Management stipulates also:
-
In order to establish measures for environment protection of the coastal zone, the urban
and spatial planning documentations will delimitate functional areas based on criteria
concerning the land use and the management of space.
-
In the coastal area along the water streams and the seashore will be established protected
areas where the agricultural activities will be prohibited in order to avoid contamination
with nutrients. Here only trees, shrubs, grass and flowers will be permitted. In the areas
with soil erosion curtains for protection constituted from shrubs and trees will be
mandatory.
-
The new industrial investments in the coastal area will be limited and their location will be
established only through special Plans of Integrated Coastal Zone Management which will
be approved by the National Committee of the Coastal Zone. This type of plans will
include special delimitation of the designated area for motor boats and jet skies in order to
protect the marine habitat.
-
The plans will be approved by the Central Authority for Tourism and not locally, not even
for villages.
In the rural area of the southern unit (shortly described in the Chapter Main problems and issues
related to uses in coastal areas, conflicts) a protected marine area influences the planning process.
The protected area „Marine reservation 2 Mai - Vama Veche” has been founded in 1980 by
the Constanta County Council with the Decision 31/1980 and it has been confirmed as protected
area by the Law 5/2000. The main goal of the reservation is to conserve the marine biodiversity,
eliminate and prevent the exploitation activities and the resource utilization which contradict the
conservation strategy. In the same time the scientific research, educational and leisure activities
were supported.
Assessment of/commentary on advantages and gaps
Traditionally, in Romania maritime spatial planning was not included in the existing planning
framework and no specific spatial planning document was dedicated to the coastal areas. For
example, the planning documentations elaborated for the localities from the coast followed the
same regulations as the one for a locality from a mountain area.
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In the same time, the plans were not including the sea in their domains of interest, which were
strictly addressing the land area.
After 2003 and the introduction of the Integrated Coastal Zone Management in the juridical
framework, the planning documentations had started to address the situation in a different
manner, but not fully in accordance with the legislative requirements specific for this area.
So, spatial planning in coastal areas according with ICZM principles and maritime spatial
planning represent new domains for Romania, domains which must be urgently introduced in the
existing spatial planning system. Ministry of Transports, Constructions and Tourism – the central
body responsible for spatial planning activity – has to promote, together with the Ministry of
Environment and Water Management, the technical regulation framework for these categories of
plans. The technical regulation framework refers to:
-
methodologies for the elaboration of the spatial plans in coastal areas
-
content framework of the spatial plans in coastal area
-
guidance (manual) for the plans' implantation
Even some specific legislative acts already are in force they have to be enriched, coordinated and
implemented.
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