Fresh rules issued for dredging in forest areas to mitigate floods

The Centre has issued fresh guidelines allowing scientifically planned river dredging in forest areas to mitigate floods and restore river ecosystems, without treating the activity as a “non-forest purpose” and exempting qualifying works from forest clearance requirements, compensatory afforestation and net present value (NPV) payments.

The guidelines come following Himachal Pradesh chief minister Sukhvinder Singh Sukhu’s meeting with Union environment minister Bhupender Yadav in September, where he sought a separate framework for dredging in flood-affected rivers. Sukhu had cited the accumulation of debris, silt, stones and boulders after extreme rainfall and flash floods, which narrows river channels and reduces their water-carrying capacity.

The guidelines, dated October 27, clarify that scientific, planned and time-bound dredging to remove material accumulated due to natural disasters or extreme weather, restore river flow and protect forest ecosystems would not be treated as a non-forest purpose, provided the prescribed conditions are met. However, the ministry has set conditions to prevent the provision from being used to facilitate commercial extraction.

A scientific assessment of the accumulated material by a national institute of repute is mandatory, and a dredging plan must specify the disaster-related justification, quantity of material, methodology, duration, disposal or utilisation and monitoring arrangements.

“The Principal Chief Conservator of Forests and Head of Forest Force of the concerned state shall furnish a certificate specifying that the dredging is necessary to restore the natural course and flow of the river due to the natural disaster, and that the activity contributes to the restoration, protection and management of forest and riverine ecosystems,” said the guidelines, which HT has seen.

Further, the dredging plan must be recommended by the district disaster management authority, chaired by the district collector, and approved by the state disaster management authority, chaired by the chief secretary. The activity must also be incorporated into the forest division’s working plan, with proposals processed through the ministry’s PARIVESH portal.

“The dredged material originating from forest lands shall be treated as forest produce. The removal, handling, transportation and disposal of the dredged material shall be carried out in accordance with the applicable state forest laws, rules and codal provisions,” it adds, specifying these guidelines will not apply to activities undertaken primarily for commercial extraction of minerals or riverbed material, or where royalty is levied on the disposal of dredged material.

Experts however said the focus should be on conservation and prevention of any disasters or floods — beginning with efforts to prevent buildings coming up along river catchments or in sensitive hilly areas.

“Such initiatives can be thought of when all conservation and preventive measure has been taken and not as the sole solution. At the same time, we will have to look at the grey area possibly where agencies may argue any activity being undertaken near the river is for protection of the river, even if it is not,” said Prakriti Srivastava, a retired IFS officer, who has served as the deputy inspector general of forests (wildlife) in the environment ministry.