New coastal regulation in Spain. A roadmap to a better approach to coastal environment

Abstract

Siguiendo la nueva Ley de Costas 2/2013 y el Reglamento de Octubre de 2014 se realiza una nueva aproximación al paisaje costero y la regulación ambiental en el litoral español.
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.