Saaremaa residents could lose beachfront property development exemptions
Saaremaa Municipality has spent years developing a comprehensive plan for the island but fears some previously approved reductions to coastal construction restrictions may not carry over.
Most of the former municipalities in Saare County had previously negotiated exceptions allowing construction in certain coastal areas closer to the shoreline than the 200 meters generally required on islands. Saaremaa has more than 110 such areas, covering nearly 1,000 hectares.
The Environmental Board now says these existing exemptions from coastal construction restrictions may not be carried over into Saaremaa's new comprehensive plan.
"Under the Planning Act, when a new comprehensive plan is adopted, the previous one becomes invalid and the reductions to construction exclusion zones approved under it no longer apply. The municipality must then review whether those reductions are justified and resubmit the applications," said Kaili Viilma, head of the Environmental Board's nature use department.
"If highly valuable species or habitats have emerged in these areas or the coastline has changed, the Environmental Board may determine that the previous justification is no longer valid and that granting building rights at the expense of these natural habitats is no longer warranted," Viilma added.
The municipality has found itself in a difficult position and wants to defend its residents' interests.
"People either historically owned or purchased properties where the construction exclusion zone had been reduced by 100 meters. How can we now tell them that the 100-meter limit no longer applies and that the new plan will restore it to 200 meters? That hardly seems fair. We will still apply to the Environmental Board for these exemptions. And if the board rejects them for some reason, we believe the Environmental Board should bear responsibility," said Saaremaa Deputy Mayor Priit Riim.
The Environmental Board confirmed that all reductions to construction exclusion zones approved under existing detailed plans must also be reviewed. However, the board emphasized an important distinction: If construction has already begun within a reduced exclusion zone, the restrictions will not be reinstated.
"If implementation of a plan has already begun, we will take that into account when making our decision. In practice, the construction exclusion zone will remain as originally planned," Viilma said.
The municipality wants all existing exemptions to remain in effect and intends to seek their inclusion in the comprehensive plan.
"At least as I see it, no one has the right to take that away. That would amount to interfering with people's property rights," Deputy Mayor Riim said.
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Editor: Marcus Turovski, Valner Väino
