ASPECTS OF THE MARINE SPATIAL PLANNING PROCESS

CO-EXISTENCE OF USES

During the assessment phase of facilities planned to be established in marine and internal waters, the Ministry of Transport and Infrastructure takes into account several navigational safety and maritime traffic impact criteria. These include the distance of the planned facility from local and international vessel traffic routes, its proximity to existing facilities, and its distance from coastal infrastructures such as ports, piers, breakwaters, and hotels. Following these evaluations, a compliance opinion is issued only for facilities that are determined not to pose a risk to navigational safety or the safety of life and property at sea. Furthermore, one of the key conditions for granting this compliance opinion is that facility owners or operators must commit to relocating the facility to an appropriate location without objection if future changes in maritime traffic render the facility an obstacle to navigation.

The Ministry of Culture and Tourism has the authority to take necessary measures to prevent damage to wrecks and reefs during such fishing activities. Additionally, future offshore and underwater energy facilities should be positioned at a safe distance from underwater cultural heritage sites (such as shipwrecks) and natural heritage sites (such as natural reefs) to prevent any adverse impacts. Since the Law No. 2863 on the Protection of Cultural and Natural Heritage serves as a special legislative framework designed to safeguard historical assets, the Ministry’s opinion should be sought in cases where the activities of other institutions (such as energy, fisheries, trade, and environmental initiatives) conflict with those of the Ministry of Culture and Tourism.

For the activities conducted under the Ministry of Agriculture and Forestry it is also possible to confront sectoral overlaps or conflicts. The regulation of piers and storage facilities along the coast falls under Law No. 3621 on Coastal Areas. According to Article 6 of the law and Article 13 of its implementing regulation, the construction of such structures requires a zoning plan, and therefore, permission cannot be granted in its absence. Furthermore, legal challenges may arise in obtaining approvals from the relevant ministries for the construction of piers and storage facilities due to the classification of coastal lands as special environmental protection areas, conservation sites, national parks, forest lands, or foundation properties. Additionally, the annual increase in aquaculture production has led to efforts to identify new potential aquaculture production areas to further boost output. In this regard, in accordance with Law No. 1380 on Fisheries, the approval of the Ministry of Culture and Tourism is required when designating potential aquaculture production areas.

In cases where multiple maritime activities are present in the same region and/or when the activities overlap or conflict with those of other ministries, the final decision shall be determined through a joint resolution by the relevant ministries, institutions, and organizations under the coordination of the Presidency of Republic of Türkiye, taking into account the strategic priorities.