A marina investment is not a transaction completed with a single license. The legal use of the coastal area, the zoning plan, the environmental impact assessment, coastal structure projects, construction and operating permits, and tourism certification are carried out together. A favorable decision at one stage does not automatically remove the conditions sought by another authority.
As of October 13, 2026, particular attention must be paid to the changes in the environmental impact assessment (EIA, or ÇED) legislation. In 2025, Article 10 of the Environmental Law (Çevre Kanunu) was amended, and with the regulation amendment dated March 5, 2026, the decision terminology of the Annex 2 assessment was also renewed. The documents of an old investment and the path that a new application will follow must be examined separately.
Site selection and the legal status of the coastal area
Article 43 of the Constitution and the Coastal Law (Kıyı Kanunu) form the basis of the legal regime of coasts. Purchasing real property with a title deed that is adjacent to the sea does not automatically grant the right to build a marina on the coast or in the sea area. The shore edge line (kıyı kenar çizgisi), ownership, the use of public land, and the necessary allocation or easement arrangements must be researched together.
Statuses such as protected area, natural or archaeological protected site (sit), Special Environmental Protection Area, forest, tourism center and military security may affect the project. For each of them, the competent authority and the permit to be applied are determined separately. Before acquiring land or entering into a long-term lease commitment, the investor should consider stipulating the fulfillment of these conditions as a precondition.
The examination of access to the coast and of the public interest should not be viewed as limited to leaving a road on the plan. The lawful balance of security, service area and the common use of the coast must be maintained at the project and operation stages. A private operating contract cannot extend the limits arising from public law.
The actual scope of the project must be determined
A yacht harbor, boat mooring place, haul-out area (çekek alanı), commercial port and tourism facility are not the same legal category. Instead of the name, the actual function, capacity, coastal structure and ancillary units are examined. Components such as fuel, maintenance, accommodation, restaurant, parking and dredging may require independent permits.
Current annex lists must be used in the EIA classification. The distinction between yacht harbor projects and mooring or pier projects of a narrower nature is made through the design and through the authority’s scope assessment. It must not be asserted that a project falls outside the scope on the basis of a general capacity threshold taken from old legislation. The environmental effects of an integrated project must not be assessed by artificially dividing it into parts.
The current Annex 1 Article 10(e) lists yacht harbors without setting a numerical capacity threshold. Annex 1 Article 10(ç) covers facilities that provide one or several of modification, manufacture, maintenance, repair or haul-out services to yachts or boats of 24 meters and above. Annex 2 Article 28(h) regulates facilities that provide these services to vessels above 5 meters and below 24 meters; Article 28(ı) regulates docking and mooring places for yachts or boats. Therefore, naming a real yacht harbor as if it were a smaller mooring place does not by itself change the EIA process that will apply.
With respect to EIA Circular No. 2026/4 dated March 18, 2026, the consistency of the EIA area with the zoning plan area in coastal investments, and changes in port or yacht harbor projects that have no threshold value, are of particular importance. Describing an increase in size or capacity merely as a “revision” does not remove the need for a renewed administrative assessment.
The change brought by the 2026 EIA regime
Article 10 of the Environmental Law provides the principle that, without obtaining the required “EIA Positive” (ÇED Olumlu) decision, no permit, approval, incentive or license is granted for the project, and the investment is not started or put out to tender. Applying to the relevant processes is, however, also separately possible. The ability to apply must not be confused with the ability to actually start the investment.
After the March 5, 2026 amendment, the preliminary review and assessment under Article 17 of the Environmental Impact Assessment Regulation result in a decision of EIA Positive or EIA Report Must Be Prepared (ÇED Raporu Hazırlanmalıdır). For new files, presenting the old “EIA Not Required” (ÇED Gerekli Değildir) decision as the ordinary current outcome is misleading. The positive or negative decision regime within a report process that is under way under Annex 1 is subject to its own provisions.
Provisional Article 1/2 contains a transitional rule for decisions that were assessed under Annex 2 before the relevant provision of Law No. 7554 entered into force and whose validity continues. Therefore, it is also incorrect to say that all old decisions became void merely because the name changed. The date of the decision, its validity, the state of realization of the investment, and the changes must be examined together.
Which issues should be visible in the EIA report
In a marina project, water circulation, seabed habitat, wastewater, waste reception, dredging, marine traffic, noise and land transport must be assessed together. Transferring scientific data from another cove or from a project of a different capacity may not suffice to explain the characteristics of the site. Seasonal use and the total effect of nearby facilities are also important.
Informing and involving the public is not merely producing minutes stating that a meeting was held. How the opinions were evaluated and to what extent they were reflected in the project should be traceable. For the investor, answering technical objections that arise at an early stage is an element of project quality that may reduce the later litigation risk; it is not a guarantee of approval.
The capacity, coordinates, pier plan and land area in the project file must be the same as the data in the other permits. The commitments on which the EIA decision is based are also followed after the move to operation. Failure to actually provide the waste reception capacity shown on paper may give rise to new sanctions. For objecting to marine pollution fines, the separate guide can be consulted.
The relationship between permits
| Transaction group | Basic review | Relationship with other transactions |
|---|---|---|
| Use of the area | Ownership, allocation, easement or right of use | The investor’s basis for acting on the area |
| Zoning and coastal plan | Shore edge line and appropriate plan decisions | Consistency with the project layout |
| EIA | Scope, report or preliminary assessment, decision | Reflection of environmental conditions in other permits |
| Coastal structure and construction | Technical project approvals and building processes | Legal and technical conditions of actual construction |
| Maritime operation | Operating permit appropriate to the type of activity, and supervision | Mooring capacity and navigational safety |
| Tourism certificate | Characteristics of the marine tourism facility | Class and services of the certified operation |
| Environmental operating obligations | Waste reception, treatment, scope of permit and license | Continuous operation and reporting |
This table is not an unchangeable and closed list of permits for every project. The location of the project and its ancillary activities may require additional procedures. The duties of the Ministry of Transport and Infrastructure (Ulaştırma ve Altyapı Bakanlığı), the Ministry of Culture and Tourism (Kültür ve Turizm Bakanlığı), the Ministry of Environment, Urbanization and Climate Change (Çevre, Şehircilik ve İklim Değişikliği Bakanlığı), and the local and conservation authorities must not be reduced to a single application.
For details of the subject, the section on the cancellation of a construction permit can be consulted.
An investment certificate is not permission to open for operation
The investment and operating certificates in the Marine Tourism Regulation (Deniz Turizmi Yönetmeliği) relate to different stages. The facility’s physical characteristics, mooring capacity, security, personnel and service areas are important in certification. Obtaining a tourism investment certificate does not by itself give the right to serve customers before the other licenses and permits are completed.
Before opening, insurance, fire and emergency response, electrical infrastructure, waste reception agreements, the safe movement of marine vessels and the duties of personnel must be completed. Marina berthing contracts must be consistent with the facility’s actual service capacity. Entirely excluding in the contract a maintenance, supervision or protection service promised in the promotion may additionally give rise to disputes.
The waste delivery and recording regime brought by Maritime Waste Practice Circular No. 2026/12 dated September 9, 2026 must also be included in the operating file. Waste reception capacity and the records of the accepted boats are followed together. For the environmental obligations at facilities and haul-out areas, our separate review can be consulted.
Capacity increase and transfer of the operation
Adding a new pontoon, accepting larger yachts, adding a haul-out area or installing a fuel unit in an existing marina is not merely a commercial decision. Within the framework of Articles 20 and 24 of the EIA Regulation and the relevant application principles, the change must be assessed together with the existing effects. Remaining within the project area boundaries does not make every change automatically permitted.
Under Article 21 of the Regulation, there is an obligation to submit the documents and commitments to the relevant provincial directorate within 90 calendar days in the event of a change of project owner or title. The provision under which previous commitments are deemed to have been assumed by the new owner upon transfer is also important. An acquisition review should cover not only the list of active licenses but also past commitments and non-compliance.
Administrative lawsuit and investment timeline
For decisions taken as a result of an EIA, the expedited trial procedure in Article 20/A of the Administrative Procedure Law (İYUK) applies; administrative sanction decisions are outside the scope of this clause. In this procedure, the time limit for filing an action is 30 days, and the administrative application mechanism in Article 11 of the Administrative Procedure Law does not apply. With respect to the start of the action, the facts of announcement, notification and learning must be assessed specially.
There are special rules, such as a 15-day appeal period against the final decision and review by the Council of State (Danıştay). It cannot be said that every marina transaction is subject to the same procedure; zoning, permit, allocation and sanction transactions are characterized separately. The filing of an action against the project does not automatically stop the act either; the decision to stay execution and the scope of that decision must be followed.
In investment contracts, the permit conditions, the financial consequence of failing to obtain a permit, the contractor’s start date and the use of financing must be consistent with each other. Making irreversible commitments while permit uncertainty continues may cause legal risk to turn directly into financing risk.
For details of the subject, the section on yacht law in Türkiye, flag, taxes and import procedures can be consulted.
For details of the subject, the section on establishing a company and investing in a free zone can be consulted.
Conclusion
In a marina investment, a workable roadmap begins with the legal status of the area and the actual scope of the project. The 2026 EIA amendments, the transitional provisions for old decisions, and the obligations on the transfer of the operation must be assessed together. As important as the permits being in the file is that they cover the same capacity and the same project.
Frequently Asked Questions
Does buying land by the sea give the right to build a marina
No. The use of the coast and sea area, and the zoning, environmental and operating permits, are additionally required.
Does an “EIA Positive” decision replace all licenses
No. The permit and supervisory responsibilities under the legislation of the other authorities continue.
Does an Annex 2 file in 2026 end with an “EIA Not Required” decision
With the March 5, 2026 amendment, current decisions take the form of “EIA Positive” or “EIA Report Must Be Prepared”.
Did the old “EIA Not Required” decisions automatically become invalid
No. The transitional provision, the date of the decision, its validity, and the project changes must be examined together.
Does adding a pontoon to an existing marina require a new review
An administrative assessment may be required in terms of capacity, size, area and environmental effects. Viewing the work as minor does not by itself provide an exemption.
When taking over a marina, is it enough to look only at the licenses
No. Commitments, monitoring reports, past violations, rights of use and transfer notifications must also be examined.
Sources and legal bases
- Coastal Law No. 3621. Coastal use, plan and construction. Source link
- Environmental Law No. 2872. Articles 10, 20(ı), 24–25 and related obligations, including the amendments made by Laws No. 7554 and 7579. Source link
- Environmental Impact Assessment Regulation — current text. July 29, 2022 / 31907; amendment of March 5, 2026 / 33187; Articles 17, 20, 21, 24 and provisional provisions. Source link
- EIA Regulation — current Annex 1 and Annex 2. Amendments of March 5, 2026; Annex 1 Article 10 and Annex 2 Article 28. Source link
- Ministry of Environment, Urbanization and Climate Change (ÇŞİDB) — announcement of EIA application Circular No. 2026/4. March 18, 2026; current application and project changes. Source link
- Tourism Promotion Law No. 2634. Particularly Articles 27–29; the stay and operation of foreign yachts. Source link
- Ministry of Culture and Tourism — Marine tourism procedures. Certification of marine tourism facilities and vessels; introduction to the application of the regulation. Source link
- Administrative Procedure Law No. 2577. Articles 20/A and 27; expedited trial and stay of execution. Source link
- Chamber of Shipping (İMEAK DTO) — Maritime Waste Practice Circular No. 2026/12. Circular of September 9, 2026; 80% occupancy, 20/15 days; Circular No. 709 dated September 10, 2026. Source link