Exemption from beach protection

Introduction

Background and purpose of the beach protection

Beach protection was introduced in Sweden in 1950 and has since been developed and strengthened to meet the growing challenges of population pressure, exploitation and climate change. The purpose of the beach protection is twofold. Firstly, it aims to protect the biological diversity in coastal areas in the long term. These areas are often rich in biodiversity and provide habitats for many species that depend on these specific conditions. Secondly, beach protection aims to ensure public access to beach areas. In Sweden, we have a strong tradition of public rights, which means that everyone has the right to enjoy nature, regardless of who owns the land. Beach protection is an important part of maintaining this right.

Definition of the coastal protection area

The coastal protection area is defined in the Environmental Code and includes land and water areas next to 100 meters from the shoreline at normal mean water level. In some cases, the county administrative board may decide to extend the beach protection area to a maximum of 300 metres. This can happen if it is necessary to protect plant and animal life or to ensure public access to the beach area. It is important to note that beach protection applies all year round, regardless of whether it is a lake, river, sea or other body of water.

Beach protection means that it is forbidden to take measures that change the character of the beach area. This includes construction, facilities, digging, filling and other actions that affect the nature and landscape or the accessibility of the beach area. However, it is possible to apply for an exemption from the beach protection. A dispensation can be granted if there are special reasons and if it is compatible with the objectives of beach protection.

This article will explore beach protection in detail, including its legal basis, application, waiver process and relevant court cases. We will also discuss how beach protection interacts with other laws, such as the Planning and Building Act, and how it affects rural development in coastal locations. Finally, we will look at future developments and proposals for beach protection reforms. We hope that this article will provide a comprehensive overview of beach protection and be a useful resource for anyone interested in this important area of ​​Swedish environmental legislation.

The legal basis of coastal protection

The Environmental Code's regulations on beach protection

The legal basis for beach protection has its starting point in the Environmental Code, where regulations on beach protection are found in chapter 7. Sections 13–18. The purpose of beach protection is to secure the long-term conditions for public access to beach areas and to preserve good living conditions for animal and plant life on land and in water.

The beach protection covers the land and water area next to 100 meters from the shoreline at normal mean water level, but the county administrative board can in individual cases decide to extend the beach protection area to a maximum of 300 meters from the shoreline if necessary to ensure one of the purposes of the beach protection.

Beach protection was introduced in Sweden in the 1950s and has since been developed and strengthened to meet the growing challenges of population pressure, exploitation and climate change. From the beginning, beach protection was intended solely to secure access to places for swimming and outdoor activities. In 1975, general beach protection was introduced, and from 1 July 1994 the purpose of beach protection was extended to also include the preservation of good living conditions for plant and animal life.

The most recent major reforms of the beach protection regulations took place in 2009, where the changes were aimed at differentiating the application of the rules, increasing local and regional influence over beach protection and, through clarifications in the legal text, achieving a more uniform application of the law.

Preparatory work and changes to the law

Over the years, preparatory work and changes in the law have pointed to the need to review beach protection to make it more effective throughout the country, to improve the conditions for construction, living and commercial activities in coastal locations, while at the same time strict beach protection must be applied in areas where development pressure is high .

The government has also tasked a special investigator with proposing constitutional amendments and other measures that will lead to a fundamental overhaul of beach protection through increased differentiation that takes into account that access to lakes and beaches varies in the country, as well as population density and exploitation pressure.

In summary, the legal basis of beach protection and its development is the result of a balance between protecting public access to beach areas and preserving biological diversity, while there is a need to adapt the rules to local conditions and conditions to promote the sustainable development of society.

Public access and accessibility

The objectives of the beach protection are twofold and appear in ch. 7. Section 13 of the Environmental Code. On the one hand, beach protection must secure the long-term conditions for public access to coastal areas, and on the other hand it must preserve good living conditions on land and in water for animal and plant life.

The right of the public and accessibility to beach areas is a central part of the purpose of beach protection. Allemansrätten is a unique part of Swedish legislation that gives everyone the right to walk freely in nature, regardless of who owns the land. The coastal protection helps to ensure this right by protecting coastal areas from exploitation and development that may limit public access.

Biological diversity and environmental protection

The beach protection also contributes to preserving biological diversity and protecting the environment. Coastal areas are often rich in biodiversity and serve as important habitats for many species. By protecting these areas from exploitation and development, coastal protection helps preserve these important ecosystems and protect species that depend on them.

Beach protection is therefore an important part of Sweden's environmental legislation and contributes to achieving several of the national environmental goals, including "A rich plant and animal life", "Good built environment" and "Living lakes and waterways". At the same time, it is important to note that beach protection is not absolute. It is possible to make exceptions to the beach protection if there are special reasons. These reasons may be that there is a great public interest that outweighs the need for beach protection, or that there is no need for beach protection at the site in question.

The objectives of coastal protection and its application are therefore a balancing act between protecting public access to coastal areas and preserving biological diversity, while there is a need to allow certain development and exploitation to meet the needs of society.

Application and extent of beach protection

General beach protection and possibilities for expansion

Beach protection in Sweden is a central part of environmental legislation and aims to protect coastal areas from exploitation and development. This protection is twofold and includes both public access to coastal areas and the preservation of biological diversity and environmental protection. 

In general, beach protection applies to the sea, lakes and waterways and covers the land and water area next to 100 meters from the shoreline at normal mean water level.

However, the County Administrative Board has the option in individual cases to decide to extend the beach protection area to a maximum of 300 meters from the shoreline, if necessary to ensure one of the purposes of the beach protection.

Exceptions and special areas

However, there are exceptions and special areas where beach protection can be revoked or limited. This can be done if there are special reasons, for example if there is a major public interest that outweighs the need for beach protection, or if there is no need for beach protection at the location in question.

Despite these exceptions, beach protection is an important part of Sweden's environmental legislation and contributes to achieving several of the national environmental goals. However, it is important to note that beach protection is not absolute and that there is always a balance between protecting public access to beach areas and preserving biodiversity, while there is a need to allow some development and exploitation to meet community needs.

It is also important to point out that shore protection does not only apply to large lakes and the sea, but also to smaller lakes, streams and even small streams and ponds. This means that beach protection can have a big impact on how the land can be used, not only in coastal areas but also inland.

In summary, beach protection is an important part of Sweden's environmental legislation and plays a central role in the protection of beach areas and the preservation of biological diversity. However, it is not absolute protection and there is the possibility of exceptions and limitations in certain cases. This means that the application and extent of beach protection can vary depending on the specific circumstances of each individual case.

Exemption from beach protection

Conditions for exemption

Beach protection is a central part of Swedish environmental legislation, and its purpose is to protect coastal areas from exploitation and development. This protection is twofold and includes both public access to coastal areas and the preservation of biological diversity and environmental protection. In general, beach protection applies to the sea, lakes and waterways and covers the land and water area next to 100 meters from the shoreline at normal mean water level. However, the County Administrative Board has the option in individual cases to decide to extend the beach protection area to a maximum of 300 meters from the shoreline, if necessary to ensure one of the purposes of the beach protection.

However, there are exceptions and special areas where beach protection can be revoked or limited. This can be done if there are special reasons, for example if there is a major public interest that outweighs the need for beach protection, or if there is no need for beach protection at the location in question.

In order to get an exemption from the beach protection, there must be special reasons. These can be of different types, but it is important to note that the exemption option must be applied restrictively. For example, it could be that there is a large public interest that outweighs the need for beach protection, or that there is no need for beach protection at the location in question. It could also be that the area is already occupied in a way that means it lacks significance for the purposes of beach protection.

The process for applying for a waiver

The process for applying for an exemption from beach protection varies depending on the type of measure involved and which authority is responsible for examining the application. Generally speaking, the process begins with an application for exemption being sent to the responsible authority, usually the county board or the municipality. The application must contain a description of the planned measure and the special reasons that are considered to justify an exception from the beach protection. The authority then examines the application based on the criteria specified in the legislation. If the authority judges that there are special reasons that justify an exception to the beach protection, a dispensation can be granted. If a dispensation is granted, however, certain conditions may be set for the measure, for example that certain environmental considerations must be taken.

It is important to note that even if an exemption from beach protection is granted, other permits or approvals may still be required for the measure to be carried out. This could, for example, be a building permit or permit according to the Environmental Code. In addition, a decision on exemption can be appealed, which can lead to the process taking time. Read more here about the process of appealing a beach protection waiver denial - Navigate through the process of appealing a beach protection waiver denial

In summary, beach protection is an important part of Swedish environmental legislation, and the process for obtaining an exemption from beach protection is strict and requires that there be special reasons that justify an exception. It is also important to remember that even if an exemption is granted, other permits or approvals may still be required for the measure to be carried out.

Practice and court decisions

Important legal cases and their significance for the interpretation of beach protection. Practice and court decisions play an important role in the interpretation of beach protection. Below is a summary of some significant legal cases and their impact on the interpretation of beach protection.

RÅ 1995 note 3341

: This court case is about an application for exemption from beach protection to build a port facility and a road. The County Administrative Board rejected the application with reference to the fact that the site was publicly accessible and constituted an important recreation area. The Supreme Court confirmed the county administrative board's decision, which shows that the purpose of beach protection protecting public access to beach areas weighs heavily in the assessment.

: In this legal case, the question of right of appeal was examined in the case of Exemption from beach protection. The court established that the right to appeal a decision is strongly limited and is granted only to the person who owns or has a special right to the property to which the decision relates, if the decision negatively affects his or her legal position.

: This legal case is about the conflict between different sources of law, in this case between legal text and court practice. The court determined that when there is a conflict between different sources of law, the text of the law shall take precedence over court practice.

: In this legal case, the issue of service of announcements was tested in the case of a decision on extended

: In this legal case, the issue of beach protection dispensation for the construction of a golf course was examined. The court determined that the construction of a golf course was not considered to worsen the living conditions for animal or plant species, which shows that the purpose of beach protection is to preserve good living conditions for animal and plant life can weigh heavily in the assessment.

These legal cases show that the interpretation of beach protection and its application can vary depending on the specific circumstances of each individual case. They also show that the courts attach great importance to maintaining the objectives of coastal protection, namely to protect public access to coastal areas and to preserve good living conditions for animal and plant life.

Rural development in coastal locations (LIS areas)

The purpose of LIS areas

The purpose of LIS areas is to stimulate development in rural areas by leveraging the attractiveness of beaches. This may mean that it becomes possible to build homes, facilities, or carry out other measures near beaches where it would otherwise be prohibited due to beach protection. By allowing some development in these areas, jobs can be created, local economies strengthened, and services in rural areas maintained or developed.

LIS areas affect beach protection by creating the possibility for exceptions from the general rules. Within a LIS area, the municipality can permit measures that would normally not be allowed due to beach protection. This could, for example, mean that it becomes possible to build homes or facilities closer to the shoreline than would otherwise be allowed. However, it is important to note that all decisions on exceptions from beach protection within a LIS area must be made with regard to the purposes of beach protection, which are to protect the long-term access to beach areas for the public and to preserve good living conditions for animal and plant life on land and in water.

It is also important to note that the possibility of making exceptions from beach protection within LIS areas does not mean that beach protection is completely abolished. Beach protection still applies, but there are greater opportunities to make exceptions from the rules. All decisions on exceptions must be made with great caution and with consideration of the purposes of beach protection. In addition, all decisions on exceptions must follow the rules and guidelines that exist for LIS areas.

In summary, LIS areas are part of environmental legislation aimed at promoting the development of rural areas by making exceptions from the general beach protection. These areas affect beach protection by creating opportunities for exceptions from the general rules, but it is important that all decisions on exceptions are made with regard to the purposes of beach protection.

Beach Protection in the Planning and Building Act

Beach protection is a central part of Swedish environmental legislation and is primarily regulated through the Environmental Code. But there is also an important link to the Planning and Building Act (PBA), which regulates how land and water areas may be used and built on. The interaction between these two laws is crucial to ensure that the purposes of beach protection are achieved while societal development and construction can take place in a sustainable way.

According to the Environmental Code, the purpose of beach protection is to secure long-term public access to beach areas and to preserve good living conditions for animal and plant life on land and in water. In practice, beach protection means a prohibition against taking certain measures within a certain distance from the shoreline, such as erecting buildings, constructing roads, or carrying out other measures that can affect the natural and cultural environment.

The Planning and Building Act, on the other hand, regulates how land and water areas may be used and built on. The law requires municipalities to establish comprehensive plans and detailed plans for how land and water areas should be used. These plans should take into account a range of different interests, including beach protection.

Interaction between the Environmental Code and the Planning and Building Act

The interaction between the Environmental Code and the Planning and Building Act means that municipalities in their planning must take into account beach protection. This may mean that certain areas may not be built on or that special conditions are set up for construction near beaches. At the same time, municipalities can in some cases decide on exceptions from beach protection in their detailed plans, if it is deemed compatible with the purposes of beach protection.

Consequences for Municipal Planning

For municipal planning, this means that beach protection is an important factor to consider when planning land use and construction. It can affect where and how construction may take place and may require municipalities to take special measures to protect beach areas. At the same time, it also gives municipalities some flexibility to adapt the application of beach protection to local conditions and needs, through the possibility of making exceptions from beach protection in detailed plans.

In summary, the interaction between the Environmental Code and the Planning and Building Act is crucial to ensure that the purposes of beach protection are achieved while societal development and construction can take place in a sustainable way. For municipal planning, this means that beach protection is an important factor to consider, but also that there is some flexibility to adapt the application of beach protection to local conditions and needs.

Balancing of Interests and the Principle of Proportionality

Balancing of interests and the principle of proportionality are two central concepts in law that play a decisive role in many different contexts, not least within environmental law and planning and building law. These concepts deal with how different interests should be weighed against each other and how decisions should be proportionate in relation to the purposes they aim to achieve.

Balancing between public and private interests

Balancing of interests means weighing different interests against each other to arrive at a decision. This can, for example, involve weighing public interests, such as the need to protect the environment and preserve biological diversity, against private interests, such as an individual's desire to build a house in a certain location. The balancing of interests is a central part of many legal processes and is often decisive for the outcome in individual cases.

The principle of proportionality means that a decision or action must not be more intrusive than necessary to achieve the intended purpose. This means that if there are less intrusive ways to achieve the same purpose, these should be preferred. The principle of proportionality is a fundamental principle within EU law and also has great significance within Swedish law, not least within environmental law and planning and building law.

In the case of exemptions from, for example, the shoreline protection according to the Environmental Code or building permits according to the Planning and Building Act, both the balancing of interests and the principle of proportionality are central. In an exemption application, one must weigh the individual interest of obtaining an exemption against the public interest that the rule in question should apply. Here, the principle of proportionality also comes into play, as exemptions can only be granted if it is compatible with the purpose of the rule from which the exemption is sought and if it is not more intrusive than necessary.

In summary, the balancing of interests and the principle of proportionality are two central concepts in law that play a decisive role in many different contexts. They deal with how different interests should be weighed against each other and how decisions should be proportionate in relation to the purposes they aim to achieve. In the case of exemptions from rules such as shoreline protection or building permits, these principles are particularly important.

Future Development and Proposals for Reforms

Discussion on the Future of Shoreline Protection

Future development and proposals for reforms within shoreline protection is a topic that has been discussed extensively in recent years. There is a general perception that the current shoreline protection needs to be adapted to better reflect the varying conditions around the country, both in terms of access to lakes and beaches, population density, and development pressure.

One of the most prominent discussions concerns the need to make shoreline protection more purposeful throughout the country to improve the conditions for construction, housing, and business activities in coastal locations. In 2019, the government commissioned a special investigator to review shoreline protection and propose legislative changes and other measures that would lead to increased differentiation of shoreline protection.

The investigator proposed that shoreline protection should be fundamentally reformed through increased differentiation that takes into account that access to lakes and beaches varies in the country, as well as population density and development pressure. It would become significantly easier to build near the shore in rural areas. The proposals aimed to improve conditions for housing and business activities primarily for small businesses, tourism, and green industries in areas with low development pressure, while maintaining or, if necessary, strengthening shoreline protection to protect unbroken shorelines, the right of public access, and the environment in heavily developed areas.

Proposals for Changes and Adaptations

In 2022, the government decided to submit a bill on "Increased Differentiation of Shoreline Protection" with proposals aimed at increasing the differentiation of shoreline protection, including with regard to the varying protection needs of different areas and the possibility of coastal housing and business activities in areas with low building pressure. Changes to shoreline protection at small lakes and narrow watercourses were also proposed. The proposals also aimed to strengthen and clarify shoreline protection in areas of particular importance for animal and plant life and in areas where building pressure is high or demand for land for holiday home construction is very high.

In summary, there is a strong desire to reform shoreline protection to better reflect the varying conditions around the country. This includes making it easier to build near the shore in rural areas, while maintaining or strengthening shoreline protection in areas with high building pressure or high demand for land for holiday home construction.

Summary and Conclusions

The Importance of Shoreline Protection for Society and the Environment

Shoreline protection plays a crucial role for society and the environment. It contributes to protecting our aquatic environments and preserving biological diversity, while ensuring public access to beaches and lakes. However, shoreline protection is not without challenges and there is an ongoing discussion about how it can be reformed to better reflect the varying conditions around the country.

One of the most prominent discussions concerns the need to make shoreline protection more purposeful throughout the country. This would mean that it becomes easier to build near the shore in rural areas, while maintaining or strengthening shoreline protection in areas with high building pressure or high demand for land for holiday home construction.

Advice and Guidance for Those Seeking Exemptions

For those seeking exemptions from shoreline protection, it is important to understand that both the balancing of interests and the principle of proportionality play a central role. In an exemption application, one must weigh the individual interest of obtaining an exemption against the public interest that the rule in question should apply. Here, the principle of proportionality also comes into play, as exemptions can only be granted if it is compatible with the purpose of the rule from which the exemption is sought and if it is not more intrusive than necessary.

In summary, shoreline protection is an important part of our society and our environment, but there are challenges that need to be addressed. There is a strong desire to reform shoreline protection to better reflect the varying conditions around the country. For those seeking exemptions from shoreline protection, it is important to understand that both the balancing of interests and the principle of proportionality play a central role.

Contact Information for Law Firm

Treschow & Partner is a leading law firm with a strong specialization in shoreline protection exemptions. Our team of experienced lawyers and attorneys has a deep understanding of the complexity of shoreline protection and the challenges that can arise when applying for an exemption.

We know that each case is unique and requires an individual strategy. Therefore, we offer tailored solutions that are adapted to each client's specific needs and circumstances. Our expertise ranges from providing advice on how to best navigate the rules of shoreline protection, to representing clients in complex exemption applications and appeals.

Our success is based on our ability to combine in-depth legal knowledge with a practical and business-oriented understanding. We are proud to be able to offer our clients a service that is both personal and professional. Our goal is always to exceed our clients' expectations and to deliver results that make a difference.

If you need advice or representation in matters related to shoreline protection, do not hesitate to contact us at Treschow & Partner. We look forward to helping you navigate through the complex landscape of shoreline protection and finding the best solution for your specific needs.