ABSTRACT

López-Gutiérrez, J.S.; Negro, V., and Esteban, M.D., 2016. New Coastal Regulation in Spain. A roadmap to a better approach to coastal environment. In: Vila-Concejo, A.; Bruce, E.; Kennedy, D.M., and McCarroll, R.J. (eds.), Proceedings of the 14th International Coastal Symposium (Sydney, Australia). Journal of Coastal Research, Special Issue, No. 75, pp. 662–666. Coconut Creek (Florida), ISSN 0749-0208.

The decision to draw a fixed line dividing land into two different types of property – public domain and privately owned land – in a changeable environment is a potentially major source of conflict in Spain. This conflict is caused by adapting this fixed line to the movements of the shoreline. Obviously, then, the limit has to move its position from time to time. The current Spanish Coastal Law was published in 2013. As written, it cannot be considered a single document because it has to be read together with the previous 1988 Coastal Law document in order to gain a complete view of the current Spanish Coastal Law. The new Coastal Regulation was published in 2014. The paper shows and analyzes changes in the 2013 Law and the 2014 Regulation in comparison with the previous 1988 Coastal Law and the 1989 Regulation. Some of the changes set forth in the paper are: a more accurate definition of the position of the Public Domain limit; a new definition of the severe regression concept; a new classification of the uses of beaches depending on the characteristics of the area; consideration of the climate change effects; possibility of transferring, inter vivos and causa mortis, of properties located in the public domain under government concession, etc. All these lead drive to major improvements in coastal management in Spain. In addition, this paper includes some proposals for further improvements.

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