On 2020-01-27 13:59, Martin Koppenhoefer wrote:
> Am Mo., 27. Jan. 2020 um 13:11 Uhr schrieb Colin Smale
> <colin.sm...@xs4all.nl>:
>
>> OSM clearly associates coastline with high water:
>> https://wiki.openstreetmap.org/wiki/Coastline
>>
>> If the admin boundaries are very close, or even coincident with high water,
>> I would expect two ways in OSM, possibly overlaying each other, possibly
>> sharing nodes. Whether they should actually share nodes is another
>> discussion; the coincidence of coastline and admin boundary is not by
>> design, but a consequence of our lack of accurate data. That would suggest
>> they should not share nodes, so they can be updated independent of each
>> other.
>
>> What does Italian law say about local government jurisdiction over the
>> foreshore, between high water and low water? What about around estuaries,
>> does the admin boundary follow the coastline up to the tidal limit? Do
>> planning laws apply, for example? I understand the largest tides in the Med
>> are on the African side, up to 2m. Depending on the slope of the shore, that
>> could give a substantial area of foreshore.
>
> Actually I have just found a text which states that in the part of the land
> closest to the sea the municipalities are now "having important
> administrative functions", while until some years ago this area was
> exclusively under national control. So with the "recent" reforms, while this
> area (including beaches and beach resorts, marinas), still belongs to the
> state (ownership), it is now managed by the municipalities. The division
> between national property and other (public and private) property can be seen
> in the IT system S.I.D. ;-)
> The competence of the Municipality extends also on the territorial sea (12Nm)
> when there aren't primary national interests standing against it.
>
> Basically, if I have understood it correctly, the state has given competences
> to the Regions, which have mostly transfered them to the Municipalities and
> some to the Provinces, but reserve some planning and controlling competences.
>
> The Provinces may depend on the legislation of the Regions, e.g. in Toscana
> they have to plan, realize and maintain structures to protect the coast and
> the coastal population.
> They may also authorize earthworks in the coastal area and placement of
> cables and ducts in the sea.
>
> taken from a municipal webpage:
> http://www.comune.livorno.it/urbanistica-territorio/demanio/demanio-marittimo
> http://www.comune.livorno.it/demanio-marittimo/riparto-delle-competenze-stato-ed-enti-locali/competenze-dello-stato
>
> http://www.comune.livorno.it/demanio-marittimo/riparto-delle-competenze-stato-ed-enti-locali/demanio-marittimo-pianificazione
>
>
> You should find other relevant information also here
> Titolo II, Capo 1, del Codice della Navigazione (R.D. 30.3.1942 n° 327) and
> the connected
> Regolamento di Esecuzione (D.P.R. 15.2.1952 n° 328).
> legge n° 494/'93 art. 6 about "piani di utilizzo del demanio marittimo"
>
> TL;DR;
> It seems, ownership (domain) remains at the national level, but there are
> come competences given to regions, provinces and municipalities, which seem
> to extend into the 12Nm territorial waters.
>
> I am sending this now because I cannot invest more time, but I am aware it is
> not in a complete state ;-)
Thanks, it's already a mine of information! Which supports the premise
that the admin boundaries do not (blindly) follow the coastline / high
water mark.
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