New figures from Statistics Norway and Byggstart show that 962 dispensations from the coastal protection zone were granted in 2021. This is an increase of 47 per cent. The Norwegian coastal zone protection from 1965 basically states that there is a construction ban in a 100-metre belt along the sea, but opens up for local “flexibility” where it is expedient (see fact box). The Norwegian beach zone protection In order to protect the rights of the people, Norway introduced a building ban in a 100-metre belt along the sea in 1965. This basically means that it is not allowed to build in the beach zone. In 2011, the regulations became somewhat more flexible when the government divided the country into three zones: Zone 1 – The building ban in the 100-metre belt must be strictly applied in planning. Dispensations must be avoided. Zone 2 – As a general rule, the building ban must be strictly enforced in planning. Dispensations must be avoided in central areas where the pressure on the area is great. Zone 3 – Development shall only be permitted after a specific assessment based on local conditions. The guidelines were updated in 2021 to provide “greater opportunities for business development and residential development in pig-fed areas along the coast”, and with an emphasis that “it is spatial planning and not dispensations that should facilitate construction in the coastal zone.” No one granted more dispensations than Øygarden municipality outside Bergen, which in total agreed to 124 construction cases in the beach zone in 2021. 95 of the real dispensations, and 29 of them in accordance with the municipal plan. Øygarden is located in zone 2 (see fact box) where it is stated that the building ban “as a general rule must be strictly enforced”. In the preparatory work for the law, it is stated that “the beach area has very special values and that these are important recreational areas for the general public”. The list of the municipalities that gave the most exemptions from the current rules looks like this: Øygarden, Vestland (95) Asker, Viken (63) Tysnes, Vestland (53) Vågan, Nordland (34) Lindesnes, Agder (32) Karmøy, Rogaland (32) ) Risør, Agder (30) Hustadvika, Møre and Romsdal (25) Aure, Møre and Romsdal (19) Stad, Vestland (12) A total of nine out of ten (89 per cent) of all applications for dispensation were granted. – It is natural that we are at the top Mayor of Øygarden municipality, Tom Georg Indrevik (H), tells news that it is only “completely natural” that they are at the top of the statistics given their assumptions as an island municipality and a recently merged municipality (Fjell, Øygarden and Sund). He explains that the municipal plans are therefore “lagging behind” and that the talk of dispensations “must not be interpreted as that we are building down the beach zone”. – So it is still clear that we need a new municipal plan. Because exemptions are not a good thing in themselves. It is labor-intensive for the administration and expensive for those who apply, he says. Last year, a report from the Civil Ombudsman showed that 85 per cent of applications to be allowed to build within the nationally adopted hundred meter belt were granted. Civil ombudsman Hanne Harlem described the findings as “disturbing” and raised questions about whether the municipalities understood the law correctly. The Ministry of Municipal Affairs has reported that they are “in the final phase” of finalizing a new law enforcement agency for illegality follow-up in the Norwegian coastal zone. The purpose is to “help the municipalities in their work to follow up measures that may be illegal”, and to emphasize the “seriousness”. – Dispensations are not a good thing in themselves, says Tom Georg Indrevik (H). Here in conversation with Raudt manager Bjørnar Moxnes, who wants to tighten the beach zone protection. Photo: Silje Rognsvåg / news – A tightening of the legislation is needed Tobias Drevland Lund, who is responsible for municipal politics in Raudt, has studied the latest figures from Statistics Norway. – In practice, this means less nature and recreation area for the vast majority of the population who do not own a cottage by the sea, he says. Local Government Minister Sigbjørn Gjelsvik (Sp) signaled in April that he wants to soften the Norwegian beach zone protection. A move that caused Ap veteran Thorbjørn Berntsen to state that the new municipal minister should find something else to do, for example go back to “picking potatoes”. In return, Gjelsvik received support from Prime Minister Jonas Gahr Støre (Ap), who supported the desire for “a more differentiated management of the beach zone”. Lund i Raudt believes that the times call for the opposite answer: A tightening of the legislation “where it becomes impossible to get an offense approved afterwards”. – Contrary to what Høgre and others have advocated, a tightening of the legislation is needed, so that it becomes more difficult to grant dispensations for the development of the beach zone, he says. At the beginning of the 2000s, an instruction was issued to intensify the hunt for illegal beach properties. According to some calculations, Norway has the second longest coastline in the whole world, only beaten by Canada. Photo: Mimsy Møller / Samfoto – The amnesty issue should be reconsidered In the spring, Høgre put forward a proposal to the Storting to remove the obligation to investigate illegally built houses, boathouses and jetties in the Norwegian coastal zone. – It is natural that the municipality follows up 10 and 20 year old cases. But the older they get, the more resources they require, said Høgre representative Ove Trellevik. Bergens Tidende stood behind the proposal and wrote in the lead that the city council should “reconsider the amnesty issue” and “leave the oldest construction cases to rest”. Today, the Planning and Building Act states that the municipalities have a duty to prosecute violations of the law, no matter how old they are. In the Storting, the “amnesty proposal” was referred to as “horrible”. Secretary General of DNT, Dag Terje Solvang, was just as sharp: – This is really a completely hopeless proposal, he signed off.
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