Guidelines Purpose and Scope

  1. The Ministry of Environment, Forest and Climate Change (MoEF&CC) has notified Wetlands (Conservation and Management) Rules, 2017 (hereinafter Wetlands Rules) under the provisions of the Environment (Protection) Act, 1986 as regulatory framework for conservation and management of wetlands in India. These guidelines have been drafted to support the State Governments / Union Territory (UT) Administrations in the implementation of the Rules by providing guidance on:
    • Preparing a list of wetlands in the State / UT
    • Identifying wetlands for notification under Wetlands (Conservation and Management) Rules,2017
    • Delineating wetlands, wetlands complexes and zone of influence
    • Preparation of Brief Document
    • Determining ‘wise use’ and ecological character
    • Developing a list of activities to be regulated and permitted
    • Developing an Integrated Management Plan
    • Constitution and operational matters of the Wetlands Authorities
    • Overlapping provisions.
  2. These guidelines were drafted by a committee constituted by the MoEF&CC vide OM dated August 10, 2018. The committee comprised Mr U.A.Vora (former CCF Wildlife, Government of Gujarat), Dr Arvind Kumar (President, India Water Foundation), Dr B.C. Jha (Former Director (Wetlands), Central Inland Fisheries Research Institute), Dr P. S. N. Rao (Director, School of Planning and Architecture), Dr Afroz Ahmad (Member, Environment and Rehabilitation, Narmada Control Authority) and Dr Ritesh Kumar (Director, Wetlands International South Asia). The committee met on five occasions at MoEF&CC, New Delhi for the said purpose, and submitted final version of the guidelines to the Ministry on December 5, 2018. The draft guidelines were subsequently sent for comments to all State Governments / UT Administrations, and have been finalized after due consideration of the comments received. The Committee immensely benefitted from the discussions held with Ms Manju Pandey (Joint Secretary). The Committee also acknowledges the support received from Ms Rita Khanna (Scientist ‘F’), Dr M. Ramesh (Scientist ‘E’), Mr Chandan Singh (Scientist ‘D’), Dr Anu Chetal (Research Assistant) and Ms Pallavi Mukherjee (Research Assistant) during the guidelines preparation process.

    3. Wetlands to be regulated

  3. The provisions of Wetlands Rules apply to:
    • Wetlands designated by the Government of India to the List of Wetlands of International Importance under the provisions of the Convention on Wetlands (Ramsar Convention). [Ref. Rule 3 (a) of Wetlands Rule]
    • Wetlands notified under the rules by the Central Government, State Government and UT Administration. [Ref. Rule 3 (b) of Wetlands Rule]
  4. All wetlands, irrespective of their location, size, ownership, biodiversity, or ecosystem services values, can be notified under the Wetlands Rules, except:
    • River channels
    • Paddy fields
    • Human-made waterbodies specifically constructed for drinking water purposes
    • Human-made waterbodies specifically constructed for aquaculture purposes
    • Human-made waterbodies specifically constructed for recreation purposes
    • Human-made waterbodies specifically constructed for recreation purposes
    • Human-made waterbodies specifically constructed for irrigation purposes
    • Wetlands falling within areas covered under the Indian Forest Act, 1927; Forest (Conservation) Act, 1980; State Forest Acts and amendments thereof
    • Wetlands falling within areas covered under the Wildlife (Protection) Act, 1972 and amendments thereof
    • Wetlands falling within areas covered under the Coastal Regulation Zone Notification, 2011 and amendments thereof
  5. Human-made wetlands are defined as wetlands that are planned, designed and operated to meet a specific purpose (such as providing water for irrigation, producing fish through culture operations, producing salt, recreation, preventing salinity intrusion, flood control etc.). Only those human-made wetlands that have been built for purposes, mentioned at paras 4c) – 4g) above, are excluded from notification under these Rules
  6. Natural wetlands, partly or wholly used for purposes as mentioned at 4c) – 4g), attract the provisions of the Wetlands Rules.
  7. Wetlands designated as Ramsar Sites may be notified under the Rules as per the process mentioned in paragraphs 57-65, even when partly or wholly overlapping with areas covered under the Indian Forest Act, 1927; Forest (Conservation) Act, 1980; State Forest Acts and amendments thereof; Wildlife (Protection) Act, 1972 and amendments thereof; Coastal Regulation Zone Notification, 2011 and amendments thereof. Regulations for parts of wetlands overlapping with 4h-4j (supra) will, however, be as per the corresponding regulatory framework. Ramsar site areas, not covered under any of the overlapping laws and rules, will attract the provisions of the Wetlands Rules (Refer illustration 1 below).
  8. For wetlands falling within the criteria 3 (b) (supra), the exclusions mentioned at para 4 a) – 4j) shall apply only in cases wherein the entire wetland falls under the said category. In cases wherein areas falling within para 4 a) – 4 j) form a part of larger wetland or wetlands complex, and exclusion may result in impeded ecological contiguity and connectivity, such areas may be included within the boundary of wetland being notified. Regulations within the boundaries of areas mentioned at para 4 h) – 4 j) will, however, be as per the corresponding regulatory frameworks (Refer Illustration 1 and 2).
  9. Though Protected Areas and areas falling within the purview of Coastal Zone Regulation have been excluded from notification under the Wetlands Rules, management of such wetlands may benefit through the application of ‘wise use’ approach (within the framework of existing laws and rules) as outlined in Section VII of these guidelines.