The use of the maritime public domain


 1 .- The general common use in the public domain shoreline

Common uses are generally in the public domain maritime-land by all citizens in the governing principles of liberty and free, are those of walking, swimming or fishing.

There are other supplementary estimates:[:]

  1. In relation to the occupation of public land for maritime works and installations, the grant shall be conditional upon that by its nature can not have another location and to ensure adequate system of sewage disposal.
  2. In relation to the beaches may not be for private use and facilities that allow them be located preferably outside.
  3. In relation to the granting of occupancy establishments food and beverage vending service to the beach, among other conditions, fixed installations will have a maximum occupancy of 150 m2, of which more than 100 m2 will be closed and a minimum separation 200 m of similar. The facilities will be dismantled a maximum occupancy of 20 m2 and have a minimum separation of 100 m similar
  4. The bathing areas are appropriately marked and otherwise it is a strip of 200 m on beaches which will be closed to shipping reshipped Recreation

There are common uses special proprietary, which are those of particular intensity, profitability and danger or requiring the execution of works and installations. These applications can only rely on the existence of reserves, assignment, authorization and concession.


2 .- The direct use, reserves and secondments in the public domain maritime administration

It is a case of direct use of the estate of shoreline by management, ports, naval bases and military facilities and military zones in the port.

The Administration of State may reserve the use of all or part of certain public domain maritime-land for purposes within its competence, such as studies and research or for works, facilities or services. The reserve area declaration shall be by resolution of the Council of Ministers, which will lead to the declaration of public utility inappropriate effects of pre-existing rights.

The state administration also may be assigned ownership of their property to the Autonomous Communities for their use and management, such as construction of new ports and routes those owned or enlargement or modification of existing ones, will be formalized by the Administration.


3 .- Authorizations

They are subject to prior authorization in activities that, even without requiring works or installations of any kind, special circumstances of intensity, danger or profitability, and also the occupation of the maritime-terrestrial public domain removable facilities or property.

In the specific cases of authorizations, two:

a) Authorizations for services that only require seasonal gins

Demountable facilities shall mean those requiring at most works off of foundation and are formed of prefabricated standard components that are assembled and disassembled by sequential processes. Authorisations granted by the municipalities with personal and not transferable between living for a period not to exceed one year and may be revoked at any time without compensation if they are incompatible with a subsequent norm. Such authorizations may not distort the principle of public use of beaches, so it will not accept such facilities for private use.

b) Authorization for aggregate extraction

It will be necessary before assessing their impact on the maritime-terrestrial public domain, it being necessary to safeguard the stability of the beach. They are also prohibited the extraction of aggregates for construction.

c) Authorization for disposal

Be granted for a period not exceeding 30 years and in the case of effluents, require accreditation to near impossibility of implementing an alternative solution for disposal or treatment.

April .- Concessions

The granting of shoreline public domain by the state administration is the diploma required for private use for works or facilities are not removable.

This concession does not remove other authorizations required by other authorities, such as municipal works permit

The period may not exceed thirty years and may involve the declaration of public utility for the purpose of temporary occupancy or expropriation of assets or rights affected by the object of it. Concessions may be registered in the Land Registry.

-Alejandro 1 de agosto de 2010