Kıyı Alanları İle İlgili Mevzuat, Kıyı Kentlerinin Sorunları Ve Kıyı Planlamasına Işık Tutacak İlkelerin Saptanması

Abstract

Kıyı mekanın sahip olduğu doğal ve kültürel nitelikler çeşitli fonksiyonların (yerleşme alanları, ikinci konut, turizm gibi) bu alanlarda yer almasında etkili olmuştur. Giderek artan bu fonksiyonların baskısı sonucunda kıyı alanlarımız ve doğal kaynaklarımız yok olmaktadır. Ülkemiz 1960'lı yıllardan itibaren kentleşme ve sanayileşme sürecine girmiştir. Kıyı mekanın sahip olduğu doğal ve kültürel nitelikler, sanayi ve kentleşmeye bağlı olarak gelişen fonksiyonların bu alanlarda yer almasına neden olmuştur. Ayrıca kentleşme olgusu ile beraber ortaya çıkan tatil ihtiyacı paralı yıllık izinlerin kişilere yasal hak olarak verilmesi, dinlenme gereksiniminin bilincine varılması ile kıyılara olan talep ve baskı artmıştır. Nüfusun artması, haberleşme ve ulaşım olanaklarının hızla gelişmesi de kıyılara hem yurt içinden hem yurt dışından olan talebi artırmıştır. Kıyı alanlarına çeşitli fonksiyonların baskısı sonucunda kıyı kentlerimiz, plansız gelişmeler göstermiştir. Doğal kaynaklarımız bu talepler doğrultusunda ikinci konut, turizm tesisi gibi fonksiyonlara dönüşmüştür. Kurumsal yapıdan kaynaklanan sorunlar, üst düzey planların yeterli olmayışı, olanlarında alt ölçekteki planlar ile bütünleşmemesi sonucunda kıyı kentlerinin problemi daha da artmış çarpık gelişmeler gözlenmiştir. Kıyı alanlarında yaşanmakta olan bu tür olumsuz gelişmelerin kontrol altına alınması, kıyı alanlarımızın yokedilmemesi, doğal değerlerin korunması, koruma ve kullanma dengesinin sağlanması için en etkili yol "mevzuattır". Günümüzde kıyı alanlarında yaşanmakta olan sorunların başlıca nedeni de kullanılmakta olan "mevzuattır". Bu nedenle tez çalışmasında mevzuata ağırlık vererek belli sonuçlara ulaşmak hedeflenmiştir. Mevzuatın yeniden gözden geçirilmesi, çeşitli baskılarla değiştirilmemesi için hükümler konmalıdır. Kıyıların gelişmesinin plan bütünlüğü içersinde olması bunu yönlendirecek ilkelerin ortaya konması için gerekli maddelerin bu mevzuatta yer alması, kıyı alanlarının kamu yararına yönelik kullanma ve düzenlenmesi açısından önemlidir. Kıyı alanlarının kullanımında kamu yararı esastır. Bu çalışma ile mevzuattan ve kurumsal yapıdan kaynaklanan kamu yararını önleyici sorunlar saptanmış ve bu doğrultuda planlama ilkeleri üretilmeye çalışılmıştır.

The advantages of sea and lake shores and riversides have been effective in the development of many civilizations in areas since the early ages. The shores which we name as the natural sources, remaining untouched by humanbeing for centuries brought up new ways of usage first by providing profit in terms of sea products and transportation, parallel to the development in social life forms and then by the increase in population and technological improvements. The demand towards the shores in our country started increasing since 1960's. Since those years, the country has gone through an urbanization and industrialization period, and migration from countryside to urbanized areas started. By urbanization, need for "holiday" gained importance. The demand towards the shores has increased as a result of the understanding the necessity "to rest" increased and annual work permissions being given to individuals as a legal right. Increase in the population, rapid improvement in communication and transportation abilities also increased both international and domestic demand towards shores. Parallel to the increasing demand towards shores, the economic value of such geographical areas increased as well and speculations started. Many investors have been competing with each other, in posessing land from these regions. The unplanned development in shore areas were started in this period. The very important result of the urbanization period is the over loading at the eco-systems, environments and the use of natural sources where the rural settlements take place. This over-load causes damages in shore areas and natural sources. These negative developments lead to many problems that have been being faced in shore towns and cities. In our country, surrounded by sea at three sides, the total legngth of watersides including lake shores and riversides, is 45.000 km. This value, to underline the importance of the unplanned changes in waterside settlements in the country overall, has great importance. Vlll This study has been made to clarity the sources causing the spoiling in our natural values and waterside regions, and the problems caused by these sources and to create the planning principles in this sence. Part One; The most important source of the problems faced in the shore areas is the legal conditions. Research on legal conditions has been made in this consideration. For this reason, no location of application has been selected. The study has been made on the base of legal researches, formal printings, rules, seminaries, Urbanism Day bulletins, related books and interviews. Part Two; Parallel to the urbanisation and technological improvements the demand towards the shore areas has increased, and as a result of this; the conflits of profit started in these areas. The preautions to avoid these conflicts is directly related to the meaning and consideration of shore (waterside). As the consideration of "coast line" is variable in different circumstances, new problems are created which should be and can be solved by defining the "shore" (water side). For this reason, the approaches of different branches of science to shore areas. Basically, it is the band that surrounds any kind of mass of water like sea, lake, river. According to geographicians; shore is the band that is formed by the combination of the points of intersection of sea and land and lies along a line. According to ecological data; "shore" covers the equilibrium of climate and heat which depends on the oxygen, mineral etc. in the sea. According to landscaping approach; shore is the area that has depth, three dimensions. Each piece of shore is a sit having its own properties because of varying natural formations, and shore area is a group at sits. Keeping in mind that every shore area has its own properties, natural and topographic formation, the definitions of shore area should be differring for every region. According to geomorphology, shore is the band which has differing width which is formed as a result of effects of water and land on each other. In our law shore is "the area between the coast line and the coast boundary line". Part three; In this part, the legal conditions which were produced in order to provide the protection and improvement of shore areas and use of shore areas for public service have been studied. There have been minor detailed legal conditions for the period before Republic. In the period before the Urban Regulation Law (no.6785) was created, it had been stated that IX the shore areas were under state ownership and left to public service in Civil Law. The first serious and comprehensive legal conditions to provide planned settlements in the shore areas, and equal and freely use of coast, lake and riversides by everyone, were made in 1972 by the "Law # 1605, appendix Rules 7-8" and the related rules. This law was canceled as a result of insufficient authorities given to the planner and the approval responsibilities, the insufficiency in the technical application and uncontrolability of the applications. Following the Addition 7 and 8, Coast Law (Law # 3086) was put into process. The law was based on the principal of priority of public use of the shores, lake and riversides, and the bands surrounding seas and lakes which are all under the authority of state, but was canceled as the natural rock formtions did not take place in the definition of "shore", specific constructions were permitted by plan decisions, it was not clearly defined how the public use priority should be controlled. Replacing law # 3086, in 17/4/1990, Coast Law (#3621) was put into process. In law # 3621, the definition of "shore", the principles of the regulations for the application to be made in shore areas, how the natural structure of the shore areas should be protected, what kind of construction are permitted in the shore areas, ways of use, the plan producing, approval control for the shore areas look place. In this law, it was also stated that the ecological stability should be taken into consideration in gaining land by filling and diying. In the Coast Law # 3621, the points which did not exist in Law # 3086 were worked out and tried to be clarified. But because of both law and the interpreting the regulations, there had been problems in application. The laws that were produced in order to plan, protect and control the shore areas, have not only been insufficient in solving the problems but also leaded to new legal problems to form and to going backwards by narrowing the duthorities of the municipalities. New regulations were made in the shore areas in Coast Law # 3830 which was produced in 11/7/1992 replacing Law # 3621. Coast band was changed as the area having a width of 100 metres starting from the coast line. Detailed descriptions and decisions for construction regulations were worked out, the definitions of "daily touristic sites" and "partial housing" were changes as they leaded to problems in application and new definitions; "vehicle road", "Recreative areas", "Construction Area Ratio" were added. The last changes about the laws related to shore areas were made by the regulations dated 30 March 1994, altering some rules in the law # 3830. This last change was found necessary to let the local authorities solve the problems faced in the settled parts of the coast towns properly. The definitions "partial housing", "gained rights" in this last change are confireting with the priority in public use. During this chronogly, the legal conditioning actions, which include points conflicting with public use principal (eg. narrowing coast bands, making construction possible in shore areas, filling out sea without necessary reasons, gained rights etc.), have leaded to destroy natural values in shore areas and unplanned developments. Part Four; In this part, other legal conditioning actions aiming to protect shore areas, were studied. These laws are; Tourism Law, Cultural and Natural Values Protection Law, Environment Law, Forest Law, National Parts Law. In all these laws, rules aiming to protect natural values took place. Yet, new statements added to these rules and the other changes made, opened shore, agricultural, forest areas to construction. For short-run profits, natural values which are impossible to renew, were destroyed and the principal of public use was forgotten. Part Five; In shore towns, the sectoral changes increased the pressure on the coasts and many problems were brought up. Most important ones of these problems are the "second houses" which cause structural breakdowns and disappearing of the natural values (coasts, forests, agricultural areas) in shore regions. Frequent changes in the laws related to the use of shore areas, attending Freasury Lands to "second houses" which are also incentively loaned and credited, made such settlements grow even faster. The uniqueness in the architectural style of both touristic sites and "second housing" sites, leaded to formation of unquality environments. Besides these, the seasonal population movements lead to infrastructural problems in shore areas. The other problems are caused by vehicle roads and many polution sources. The absence of a National Physical Plan in our country, the Regional planning being left to State Planning Organization's control and "Environment Order Plan" being seen mostly as a unique subject of planning like "tourism" or "second housing", leaded to formation of a proper opportunity environment for planless developments. Planless developments have been supported by the "Place Locatlity Regulation Plans" made for the areas that are at of the planned area boundaries as well as the authorities of central and local gowemments were not clearly defined. Part Six; Results and suggestions were studied in this part, implementing the other parts. XI Coast planning principals; * Coasts are sources which cannot be reproduced, which can only be better-used by planning, and that lose quality by wrong usage ways. * In planning shore areas, taking regional differences into consideration, protection bands of 2-3 km should be created on the coasts of the country and except for the vital necessities there should be no new constructions permitted. The unsuitable decisions, to protect the shore areas, in the existing plans should be changed. * In planning shore areas, natural values must be strictly protected. * In shore areas, plans taking the "public use principal" as the base, should be produced. * In deciding the depth of coast band, the topographic structure and the settlement structure should be taken into consideration and standarts should be decided. * The definitions conflicting with the public use principal like "temporary construction" and "gained rights" should be remowed from the law. * Central and local government authorities should be clarified and the authorized organizations should make the plans in its hierarchy. To provide a healthy development in shore areas, it is necessary to protect natural sources, to take the needed precautions to keep the ecology in equilibrium and to distribute the responsibilities and authorities clearly. Central government should make the high level plans to direct the local governments as soon as possible. As the most important point, the legal conditioning which is the main source of the problems should be revised.