The area of influence of the coastal law on urban land

Abstract

The purpose of this work is to establish a legal-technical argument on the application of the influence zone in urban lands as a guarantee for the rational use of the coastal environment, based on the current regulations of Coasts, that is, Law 22 / 1988, of July 28, of Coasts, and Royal Decree 876/2014, of October 10, by which the General Regulation of Coasts is approved. An erroneous interpretation of the transitory regime of this Coastal regulation has sometimes led to the conclusion of its nonapplicability beyond unscheduled and undeveloped lands. However, both the jurisprudence and the applicable regulations themselves confirm their full applicability to urban land, since the transitional regime as a rule of intertemporal law, respects the legal situations created before the Coastal Law came into force. Likewise, the work proposes different parameters tending to discern the concept of architectural screen, an undetermined legal concept, which, beyond the basic state regulation, has not been developed by the Autonomous Communities.