Here you will find guidance on the processing of applications for measures at sea under Section 14 of the Harbors and Fairways Act. If you have any questions or are unsure whether you need to apply, we encourage you to contact us or submit an application form for review. The application form can be found at the bottom of the page.
Measures is a broad term that includes structures, environmental interventions, and activities. Some typical measures may include structures such as floating docks, marinas, quay facilities, underwater cables, or pipes. Environmental interventions like dredging, land reclamation, dumping, or blasting. Activities such as towing, regattas, transshipment, or boat races.
The application requirement applies regardless of the type of measure and whether the measure is to be carried out at sea, on land, or in the air, and whether the measure is temporary or permanent, a physical construction, or an activity. It is sufficient that a measure may affect safety, navigation, or defense and preparedness interests. Therefore, the threshold for applying is low. It can be difficult to assess whether a measure requires an application on your own. If in doubt, we encourage you to contact us or submit an application.
Trondheim Port operates under the regulations of the Harbors and Fairways Act. Part of our operations involves the management of the municipal marine areas and the processing of applications for measures at sea. This authority has been delegated to us by our owner municipalities, in accordance with Section 4 of the Harbors and Fairways Act and our articles of association. If the measure you are applying for is to be established or implemented in the municipal marine area of one of our owner municipalities, the application should be submitted to Trondheim Port. This applies to the municipalities of Orkland, Skaun, Trondheim, Malvik, Stjørdal, Frosta, Levanger, Verdal, Inderøy, Steinkjer, Indre Fosen, Namsos, Frøya, and Hitra.
Measures to be established in other maritime areas, in the main fairway or secondary fairway, or in cases where the measure may affect safety or navigation in the main fairway or secondary fairway should be submitted to the Norwegian Coastal Administration. The Norwegian Coastal Administration will always process applications for:
- Aquaculture facilities and other floating installations at sea
- Energy facilities at sea
- Pipelines for oil and gas
- Bridges
- Air spans
- Installations and facilities for petroleum activities, including towing and anchoring of such
- Measures that may affect defense or preparedness interests in the maritime area.
Here you can read more about the types of measures the Norwegian Coastal Administration processes. To see if your measure affects the main fairway or secondary fairway, you can go to kystinfo.no (Norwegian) and check “Hoved- og biled” and “Farledsareal” under “temaareal” for “Farled og merker”. If the project area is within the green outlined area, it is the Norwegian Coastal Administration that will process your application for measures at sea.
In the application, we need information about the responsible applicant and project developer, a detailed description of how the measure is intended to be implemented, and what it will look like upon completion. If there is an approved land use plan for the project area and the measure is in conflict with the plan, a dispensation from the planning and building authority in the relevant municipality must be included. The measure should be marked on a map with a scale of 1:1000 where available. If not, a map with a scale of 1:5000 should be used. Consent from the landowner must be attached in cases where it is required.
By land use plan, we primarily refer to the land use section of the municipal master plan (KPA) and the zoning plan. Trondheim Port does not have the authority to grant permission for measures at sea if the measure conflicts with approved land use plans under the Planning and Building Act. If permission is to be granted for a measure that is in conflict with the land use plan, there must be a decision on exemption from the planning and building authority. If you have an application under consideration according to the Planning and Building Act, please provide the reference number. To see which land use plan is applicable to the project area, you can use the municipal map and the relevant layers there. Alternatively, you can contact the relevant municipality for planning clarification in your case.
The application requirement in Section 14 of the Harbors and Fairways Act may overlap with other regulations for certain types of measures, such as the Aquaculture Act, the Marine Resources Act, the Energy Act, the Cultural Heritage Act, the Pollution Control Act, or the Planning and Building Act. The owner of the measure is responsible for applying for and obtaining permits under all relevant laws. Several measures that require applications under the Harbors and Fairways Act will also be subject to application under the Planning and Building Act. The various regulations will operate alongside each other. Permission for measures under the Harbors and Fairways Act cannot be granted in conflict with approved land use plans under the Planning and Building Act without an exemption from the planning and building authority. This means that the lack of such an exemption from the land use plan will result in a refusal of the application for a permit under Section 14 of the Harbors and Fairways Act.
If the measure requires an application, Trondheim Port will provide the applicant with written notification within four weeks of receiving the application. The notification will include information about the expected processing time. However, if more than four weeks pass, it does not have the legal effect of considering the measure as exempt from the application requirement.