GOOD TO KNOW / The Calculation of Building Restriction Zone Width on Coastal Properties Became Clearer

At the beginning of September, an amendment to the Nature Conservation Act came into force, which clarified how to calculate the width of protection zones around water bodies. Sandra Kaas and Villy Lopman, environmental law, land use and planning experts at the law firm RASK, note that the amendment should resolve previous uncertainty regarding the calculation of building restriction zone width on coastal properties.

Building is prohibited in the beach and shore building restriction zone. According to the law, the width of the building restriction zone is at least 200 meters on island seashores, 100 meters on other seashores, and 50 or 25 meters on the shores of inland water bodies. In densely populated areas, the respective zone is narrower, ranging from 25 to 50 meters depending on the water body.

The width of the building restriction zone must be measured from the normal water line of the water body marked on the base map, and the law does not provide for other reference points. Nevertheless, for years the Environmental Board has determined the width of the building restriction zone on areas with recurring flood risk based on a different baseline. As a result, building restriction areas have been very extensive in many places.

Why have building restriction areas been more extensive than provided for by law?

In areas with recurring flood risk, the building restriction zone is formed from the flood-prone area and the width of the building restriction zone. Recurring flood refers to the maximum water level that reaches the mainland annually or every few years. The boundary of the recurring flood area is determined by a general plan, or in its absence, the boundary is considered to be one meter above the height value of the shoreline.

For years, the Environmental Board has added a buffer based on the statutory building restriction zone width to areas with recurring flood risk. This means that if, for example, the high-water mark is set at 30 meters and the statutory building restriction zone is 100 meters, according to the Environmental Board's assessment, the building restriction has applied over a distance of 130 meters. Since the risk of recurring floods exists along almost the entire Estonian coast (though its extent varies), this interpretation practice of the Environmental Board has significantly expanded property restrictions on coastal properties. If the flood risk ends at 30 meters, the question arises about the justification for such a limitation of property rights.

The Ombudsman has already pointed out for nearly a decade that such interpretation practice is incorrect. The reference in the law to a flooded area primarily means that the flooded area itself is a building restriction area. Consequently, the building restriction zone should not extend further than the statutory width or the actual flood area, whichever is greater. This approach ensures a better balance between nature conservation and property rights.

The purpose of beach and shore building restrictions is to preserve natural ecosystems, limit the harmful effects of human activity, direct settlement that takes into account the special characteristics of the shore, and ensure public access. The question is therefore about the optimal width of the protection zone that fulfills these purposes but does not extend unnecessarily beyond them. The previous regulation of the beach and shore protection law also provided that in flood areas, the building restriction extended to the high-water mark only if it extended further than the statutory zone width.

If the flood extends further than the building restriction zone width established in the law, the boundary of the building restriction zone is the flood boundary

According to the amendment, the building restriction zone extends to the flood area only if it extends further than the statutory building restriction zone width. If the flood area is narrower, the statutory zone width applies. For example, if the flood area is 30 meters on a seashore and the statutory building restriction zone is 100 meters, the building restriction zone width remains 100 meters. However, if the flood area extends to 120 meters, it is precisely this that determines the actual extent of the building restriction. Thus, the new wording makes the previous addition interpretation impossible under the law.

The focus of disputes may shift in the future to whether the boundary of the recurring flood area on the seashore has been correctly determined. Property owners should monitor this in their municipality's general plan proceedings, as the boundary of the recurring flood area on the seashore is determined by the general plan.

It is also possible to decide during general plan proceedings whether there is a need for a possible reduction or expansion of the building restriction zone. Climate change may in the future affect both average sea level and the frequency of extreme floods. Therefore, local municipalities must already assess the impact of flood risks and take into account the objectives of beach and shore protection comprehensively when preparing general plans.

It is possible to familiarize oneself with the protection zones around different water bodies, for example, in the Land Board's Geoportal restrictions map application X-GIS 2.0 [restrictions] on the restrictions map. According to public information, the restrictions map layers do not yet reflect the amendments to the Nature Conservation Act that came into force on 01.09.2026 regarding the water protection zone and the width of the beach and shore building restriction zone and restriction zone. Therefore, it is worth keeping an eye on this matter.