Tutela dei cordoni dunali nell’ordinamento pugliese

The contradictions and limitations of the traditional public approach to landscape protection, well highlighted in the legal debate regarding the relationship between the economic system and territory, prompt reflec- tion on the prospects opened by ecological transition. Consideration is given to the possibility that the objectives of this transition, along with the areas, methodologies, and application measures, may lead to quali- tative improvements in territorial systems, while respecting the natural environment in its multiple material and immaterial components and biodiversity. In addition to general aspects, current considerations are connect- ed to the intersection with the subject of “territorial governance”, whose disciplinary boundary with landscape protection has become increasing- ly hybrid. Territorial governance and landscape protection appear to as- sume a unitary dimension, without sacrificing the specificities and the merit of protecting individual public interests that justify the differenti- ated exercise of administrative functions. The “landscape perspective” of urban planning law seems to gain fur- ther relevance when analyzed in relation to certain regional normative and planning experiences – among which that of the Puglia Region in terms of landscape protection through the Territorial Landscape Plan, partic- ularly concerning dunes and dune ridges – often oriented towards gain- ing maneuvering margins, sometimes “abusive” in relation to the lim- its imposed by sector regulations aimed at protecting and preserving the morphological structure and identity value of public assets of the high- est value. This orientation appears to lead to a substantial “subordina- tion” of landscape assets (and, in particular, of dunes) to the expanding needs of economic enterprises.