Asi deltası kıyı kullanımı ve kıyı kenar çizgisi uygulama problemleri
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Sanayi devrimi sonrası, özellikle endüstriyel ve turizm amaçlı kıyı kullanımının her geçen gün artması, kıyı ve kıyı ekosistemlerinde bozulmalara neden olmuştur. Bunları önlemek için yapılan yasal düzenlemelerin kıyı dinamiklerini tam olarak içermemesi ve sık sık değiştirilmesi, yeni yeni problemler ortaya çıkarmıştır. Bugün benzer bir durum, ülkemizin en güneyindeki Hatay İli'nin Samandağ İlçesi sınırları içinde yer alan Asi Deltası kıyılarında da yaşanmaktadır. Bu çalışmada, ülkemizdeki kıyı kullanımına yönelik yasal düzenlemeler eşliğinde, Asi Deltası kıyı kullanımı ve buna bağlı yaşanan sorunlar ele alınmıştır. Bu kapsamda deltadaki kıyı kullanımı, 1939- 1956, 1957-1975, 1976-1983, 1984-1990, 1992-20014 yılları arasını kapsayan beş (5) döneme ayrılarak değerlendirilmiştir. Deltada kıyı kullanımının 1970'li yıllara kadar yasal düzenlemelerle uyumlu olduğu görülür. Ancak deltada ilk defa 1976 yılında belirlenen kıyı kenarla, kıyıda yer alan yapıların, Hızır Türbesi kuzeyinde kıyı dışında, güneyinde ise kıyıda bırakılması ve 1992'den sonra kıyı alanlarının mevzuat gereği kamulaştırılması zorunluluğu, hukuki sorunların yaşanmasına neden olmuştur. Aynı zamanda mevcut kıyı kenar çizgisinin, rüzgarların kıyıları şekillendirme etkisi dikkate alınmadan belirlenmiş olması, bugün delta kıyısında yaşanan diğer sorunların başlıca nedenidir. Tüm yaşanan sorunların çözümlenmesinde, kıyı kullanımına yönelik yapılacak yasal düzenlemenin, kıyı dinamiklerini tam anlamıyla kapsaması ve kıyı alanlarındaki mülkiyet sorunlarını çözüme kavuşturması gerekirAfter Industrial Revolution, utilization of coastal region in purpose of tourism and industrial has caused disruption of coast and coastal ecosystem. Legal arrangements about coast which do not included coastal dynamics thoroughly and are changed frequently cause new problems. Today a similar situation exists on the coast of Orontes which is located in Samandağ district of Hatay province at the southern part of Turkey. In this study the legal arrangements about utilization of coastal region in Turkey have been investigated. According to these arrangements, the utilization of Orontes Delta’s coastal region and the utilization problems have been handled. In this context the utilization of coastal region has been evaluated by dividing into 5 periods as 19391956, 1957-1975, 1976-1983, 1984-1990, and 1992-20014. The utilization of coast on Delta has been shown as consistent with legal arrangements up to 1970s. However after coastal edge line which had been identified in 1976 at first time, some building throughout coastal region which exist at northern of Hızır tomb have been placed out of coastal region, the others which located southern part of Hızır tomb have been placed on coastal region. Together with these, the obligation of expropriation of coastal region depends on legislation after 1992 have caused many juridical problems. In addition due to disregarding the effect of wind on coastal formation in the current coastal edge line, many others problems have been occurred on delta. In order to solve all these problems, it is required to make legal arrangement about coastal utilization that including all dynamics affecting coastal formation and to arrange the private property on delta After Industrial Revolution, utilization of coastal region in purpose of tourism and industrial has caused disruption of coast and coastal ecosystem. Legal arrangements about coast which do not included coastal dynamics thoroughly and are changed frequently cause new problems. Today a similar situation exists on the coast of Orontes which is located in Samandağ district of Hatay province at the southern part of Turkey. In this study, since Hatay has been participated in Turkey at 1939; the periods which coastal arrangements has been changed distinctly and Orontes Delta’s coastal utilization in these periods have been investigated by using aerial photographs, satellite images and zoning plans of the legal arrangements about utilization of coastal region in Turkey. In this context the utilization of coastal region has been evaluated by dividing into 5 periods as 1939-1956, 1957-1975, 1976-1983, 1984-1990, and 1992-20014. In these periods, the legal conformity of the coastal utilization and the roles of legal or natural factors that caused problems have been questioned. The information about legal arrangements for coastal utilization of Turkey has been taken from related official journal and literatures. The development of determining coastal edge line of Orontes Delta has been determined from approved Coastal Edge Line Maps with scale of 1/1000 taken from Hatay Directorate of Environment and Urbanization. The utilization of coastal region in past and present, and encountered problems in this region evaluated by field studies and also from aerial photographs taken from General Command of Mapping (1956, 1975, 1992 and 2009), Turkey Topographic Map with scale of 1/25000 (1960) (Mersin P35-c3 sheet), the existing map of Samandag (1984) taken from General Directorate of Provincial Bank, and satellite images taken from Google Earth (2014). In order to determine the ownership of coastal region and experienced judicial problems, the data taken from archives of Goods Directorate of Samandag District, and Land Registry and Cadastre Directorate of Samandag District have been used. In addition, for evaluating the natural origin problems, besides using the data taken from Samandag Station of General Directorate of Meteorology, several trenches have been excavated during field studies. Thence the boundary of coastal sand carried by winds and marine transgression has been determined. Generated maps in this study have been drawn in ArcGIS 10.2. Orontes Delta has been formed by sediment carried by Orontes River into a tectonic depression. Delta coast has low coast property and consists of geomorphologic units; sandy beach, coastal dunes, coastal berms, coastal bar, old lagoon, swamp, coastal spit which is developing in mouth of Orontes River. Utilization of coastal region on delta has been consistent with legislation between 1939 and 1956, and in this period there have been 10-15 buildings around Hızır Tomb. Coastal region and coastal band have consist of sand-dune, sandy plants, swamp and marshy place between Hızır Tomb and Meydan in particular. During 1957-1975 period, endeavours of Hatay Governorship and Samandag Municipality for improving sea tourism have caused to increase the number of constructions at north and south part of Hızır Tomb. Throughout this coastal region many dwellings, hotels and recreational facilities belonging to public and private sector have been constructed. In this period, the regions consist of sandy dunes, sandy plants, marshy place and swamp between Meydan Gendarmerie Station and Acı Stream also between Hızır Tomb and Çevlik have been converted into agricultural area. In addition legal or illegal sand Coastal Edge has been determined first time in 1976-1983 period on several part of Delta. The constructions located on northern of Hızır Tomb have been leaved outside of the coastal region while the constructions located southern of Hızır Tomb have been leaved inside. Furthermore, in this period, new buildings have been constructed throughout the coastal region and legal or illegal sand quarries have been operated on coastal region where Coastal Edge Line had not been determined yet. Coastal Edge Line has been determined at first time in 1984-1989 period on delta. The valid legislation of this period allowed constructing building through coastal region and band. Therefore the number of building has been increased on this region at northern and southern of Hızır Tomb during this period. Most part of coastal region has been converted into agricultural area by forming seawall via sand-soil in this period. Determination of Coast Edge Line operation has been completed in 1992-2014 period. Although it has been illegal in this period, many new buildings have been constructed throughout coastal region and band at northern and southern of Hızır Tomb. In addition between Milleyha Swamp and Çevlik many sandy, marshy, swamp areas have been converted into agricultural area by constructing seawall. Recent valid legislation does not allow private property on coastal region and it does not contain any statue about how to abolish existed private property. This situation has caused many judicial problems occurring on coastal region. Accordingly 245 nullity suit for land registry have been prosecuted about land registry over coastal region and coastal band by Samandag Goods Directorate during 1992-2007 period time. After these prosecutions 198 land registries have been abolished, 18 land registries have been abolished partially (part of land located on coastal first band) and 16 land registries have not been abolished. The expropriation payment has not been payed after abolishment. This has caused to transfer this problem to European Court of Human Rights and Turkey has been condemned to pay the redress. Then for 54 land registries redress have been payed until 2014. The main natural origin problems on costal utilization and coastal edge line application on delta are changing of coastline, wind erosion, moved marine sand, and marine transgression. Coastline has been changed from 1956 to present as moving on land. This changes increases from Tatil Evleri to mouth of Orontes as 3-192 meters and it starts to decrease from this point to Çevlik at north. It has been determined from the aerial photographs that the coastline of 1956 and recent coastline have overlapped at 1.7 km away from Hızır Tomb through north. This state causes to contest of coastal edge line and also causes to wave arrives the buildings near coastline and damages them. The marine sand are moved and deposited on coastal band passing the coast edge line by wind blowing from sea to land. This shows that the effect of wind had not taken into account while determining the coastal edge line. Furthermore during marine transgression occurred time to time, passing the water through the coast edge line and accumulating the moved marine sand on this area and occurred damages is another problem of natural origin.Consequently, while there had not been intensity on delta up to 1960’s, after this time an increment on constructions has occurred through the northern and southern of Hızır Tomb as result of endeavors by Hatay Governorship and Hatay Municipality in order to increase the sea tourism facilities. These constructions have been constructed on coastal region consist of sandy, gravelly, and marshy places formed by coastal movements. Since 1975 conformity to coastal edge and coastal edge line on utilization of coastal region has been become compulsory by legal arrangement. Determination and validation of coastal edge and coastal edge line throughout delta have been completed between 1976 and 2011. However the effects of wind and marine transgression have not been taken into account when determining the coastal edge and coastal edge line. This has been caused that the legal coast and geomorphologic coast are not coincident. Therefore several constructions have been left inside coast region and others have been left outside while they are located on coastal region in real terms. In addition changing of legal arrangement frequently and lack of arrangement about coastal ownerships in current legislation are the main causes of the occurred problems. The main problems on utilization of coastal region through study area are deposition of marine sand through coastal region and first part of coastal band by winds and damaging the constructions, contest of coastal edge line result from coastline changes, marine transgression, and the status of private property on coastal region. Moreover private property problem has become international juristical issue and European Court of Human Rights has judged against Turkey. It is clear that a new legal arrangement is necessary in order to solve mentioned and such problems and not to occur in the future. This arrangement should contain coastal dynamic and geomorphology, and coastal ecosystems together with law. Particularly, effect of wind, change of coastline, marine transgression, and how to expropriate the private properties must be taken into account when legislating.
SourceTurkish Studies (Elektronik)