The protection zone of the river in the village. Water protection zone - description, boundaries and features

1. Water protection zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as the conservation of the habitat of aquatic biological resources and other objects of animal and flora.

2. Within the boundaries of water protection zones, coastal protective strips are established, on the territories of which additional restrictions on economic and other activities are introduced.

3. Outside the territories of cities and other settlements, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protective strip are established from the location of the corresponding coastline (boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protective stripes - from the line of maximum tide. In the presence of centralized stormwater drainage systems and embankments, the boundaries of the coastal protective strips of these water bodies coincide with the parapets of the embankments, the width of the water protection zone in such areas is set from the parapet of the embankment.

4. The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length of:

1) up to ten kilometers - in the amount of fifty meters;

2) from ten to fifty kilometers - in the amount of one hundred meters;

3) from fifty kilometers and more - in the amount of two hundred meters.

5. For a river, a stream with a length of less than ten kilometers from the source to the mouth, the water protection zone coincides with the coastal protective strip. The radius of the water protection zone for the sources of the river, stream is set at fifty meters.

6. The width of the water protection zone of a lake, reservoir, with the exception of a lake located inside a swamp, or a lake, a reservoir with a water area of less than 0.5 square kilometers, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

7. The boundaries of the water protection zone of Lake Baikal are established in accordance with federal law dated May 1, 1999 N 94-FZ "On the protection of Lake Baikal".

8. The width of the water protection zone of the sea is five hundred meters.

9. The water protection zones of the main or inter-farm canals coincide in width with the right-of-way of such canals.

10. Water protection zones of rivers, their parts placed in closed collectors, are not established.

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.

12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.

13. The width of the coastal protective strip of a river, lake, reservoir of especially valuable fishery importance (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters, regardless of the slope of adjacent lands.

14. In the territories of settlements, in the presence of centralized stormwater drainage systems and embankments, the boundaries of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such areas is set from the embankment parapet. In the absence of an embankment, the width of the water protection zone, the coastal protective strip is measured from the location of the coastline (boundary of the water body).

15. Within the boundaries of water protection zones, it is prohibited:

1) use of wastewater for the purpose of regulating soil fertility;

2) placement of cemeteries, animal burial grounds, production and consumption waste disposal facilities, chemical, explosive, toxic, toxic and poisonous substances, radioactive waste disposal sites;

3) implementation of aviation pest control measures;

4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with a hard surface;

5) placement of gas stations, fuel and lubricants warehouses (except for cases when gas stations, fuel and lubricants warehouses are located on the territories of ports, shipbuilding and ship repair organizations, infrastructure of inland waterways, subject to compliance with the requirements of legislation in the field of protection environment and this Code), stations Maintenance used for technical inspection and repair of vehicles, vehicle washing;

6) placement of specialized storage facilities for pesticides and agrochemicals, use of pesticides and agrochemicals;

7) discharge of sewage, including drainage, water;

8) exploration and production of common minerals (except for cases when exploration and production of common minerals are carried out by subsoil users engaged in exploration and production of other types of minerals, within the boundaries provided to them in accordance with the legislation Russian Federation on the subsoil of mining allotments and (or) geological allotments on the basis of an approved technical design in accordance with Article 19.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 "On Subsoil").

16. Within the boundaries of water protection zones, design, construction, reconstruction, commissioning, operation of economic and other facilities are allowed, provided that such facilities are equipped with structures that ensure the protection of water facilities from pollution, clogging, silting and depletion of water in accordance with water legislation and legislation in the field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, silting and depletion of water is carried out taking into account the need to comply with the standards for permissible discharges of pollutants, other substances and microorganisms established in accordance with environmental protection legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, silting and depletion of water are understood to mean:

1) centralized water disposal systems (sewerage), centralized storm water disposal systems;

2) structures and systems for diverting (discharging) wastewater into centralized water disposal systems (including rain, melt, infiltration, watering and drainage waters), if they are designed to receive such waters;

3) local treatment facilities for wastewater treatment (including rainwater, meltwater, infiltration, watering and drainage water), ensuring their treatment based on the standards established in accordance with the requirements of legislation in the field of environmental protection and this Code;

4) facilities for the collection of production and consumption waste, as well as facilities and systems for the disposal (discharge) of wastewater (including rain, melt, infiltration, watering and drainage water) into receivers made of waterproof materials.

16.1. In relation to territories where citizens conduct gardening or horticulture for their own needs, located within the boundaries of water protection zones and not equipped with wastewater treatment facilities, until they are equipped with such facilities and (or) connected to the systems specified in clause 1 of part 16 of this article, it is allowed the use of receivers made of waterproof materials that prevent the entry of pollutants, other substances and microorganisms into the environment.

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is prohibited:

1) plowing of land;

2) placement of dumps of eroded soils;

3) grazing of farm animals and organization for them summer camps, bath.

18. The establishment of the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies, including the designation on the ground by means of special information signs, is carried out in the manner established by the Government of the Russian Federation.

Good afternoon!

The purpose of establishing a coastal protective strip is set out in Decree of the Government of the Russian Federation of January 10, 2009 N 17 “On approval of the Rules for establishing the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies” Art. 2:

The establishment of boundaries is aimed at informing citizens and legal entities about a special regime for the implementation of economic and other activities in order to prevent pollution, clogging, silting of water bodies and depletion of their waters, to preserve the habitat of aquatic biological resources and other objects of the animal and plant world within the boundaries of water protection zones and on additional restrictions on economic and other activities within the boundaries of coastal protective strips.

And the coastal strip of a public water body is in accordance with Part 6 of Art. 6 VK RF:

6. A strip of land along the coastline (boundary of a water body) of a public water body (shore strip) is intended for general use. Width coastline public water bodies is twenty meters, with the exception of the coastal strip of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers, is five meters.
7. The coastline of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) and other water bodies provided for by federal laws is not determined.
8. Every citizen has the right to use (without the use of motor vehicles) the coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating facilities.

That is, the coastal protective strip is established in order to limit certain types economic activity which may cause damage to water bodies, and the coastal strip of a public water body has been established in order to ensure the rights of citizens to access water bodies that are state or municipal property.

So, in accordance with Part 17 of Art. 65 VK RF:

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is prohibited:
1) plowing of land;
2) placement of dumps of eroded soils;
3) grazing farm animals and organizing summer camps and baths for them.

The width of the coastline is 20 m for all objects, with the exception of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers - for them 5 m.

The width of the coastal protective strip is established in accordance with Part 11, Part 12, Part 13 of Art. 65 VK RF:

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.
12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.
13. The width of the coastal protective strip of a river, lake, reservoir of especially valuable fishery importance (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters, regardless of the slope of adjacent lands.

Thus, the coastal strip of a public water body is included in the coastal protective strip, which is at least 30 meters.

In the case of granting a coastal protective strip for use, the persons to whom it is granted cannot restrict citizens in access to a water body

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Clarification of the client

And read well the decrees of the government of the Russian Federation of 03.12.14. No. 1300 in this resolution, each item can be considered separately. Can be your opinion.

Lawyer, Saint Petersburg

Chat

Looked, listed objects for placement without providing a land plot in the property in accordance with Art. 39.36 of the Land Code. What specific question needs clarification?

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1- the very concept of the heading of this resolution, the replacement of which can be carried out on lands and land plots without the provision of a land plot and the establishment of institutions.

2- p.10, p.14, p.16, p.18, p.20, p.21 and p.19, I understand that this is provided for organizations serving recreation areas for the population, and further on in the text.

And on the basis of this decision, we were given a decision to a person that he was taking a decent amount of land for personal use. And the rest of the oral agreement allows them to stand, that is, small vessels. How to be

Lawyer, Saint Petersburg

Chat

1. This means that for the placement of objects listed in the specified List, it is not required to provide a site to citizens and legal entities on the right of ownership, lease ... does not require registration of an easement, but it is enough just to obtain permission from the authorized authority. In accordance with Part 3 of Art. 39.36 of the Land Code

The procedure and conditions for the placement of these facilities are established by a regulatory legal act of a constituent entity of the Russian Federation.

There must be such a regulation in your region and it must also be referenced when issuing such a permit.

2. The placement of these objects should not violate the restrictions established by Art. 65 of the Water Code.

3. In accordance with Part 2 of Art. 6 of the Water Code

2. Every citizen has the right to have access to public water bodies and use them free of charge for personal and domestic needs, unless otherwise provided by this Code, other federal laws.

If the actions of these persons violate your right to free access to public water facilities, or other rights, you have the right to write a complaint to the prosecutor's office on this fact. If the prosecutor's office establishes violations, the perpetrators will be held accountable.

If the answer to your question was helpful, please put +

Sincerely, Alexander Nikolaevich!

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Lawyer, Saint Petersburg

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But it completely takes away the mouth of the river that creates in the sea and does not allow a small vessel to start. What to do
Tatyana

I wrote to you above, file a complaint with the Prosecutor's Office. The prosecutor's office will investigate this fact.

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Another question is that I own a plot of 20 meters of the coastline, but the same person wants to make boat stations for personal use there. What will it look like legally?

Clarification of the client

Lawyer, Saint Petersburg

Chat

Another question is that I own a plot of 20 meters of the coastline, but the same person wants to make boat stations for personal use there. This is what it will look like in terms of the law
Tatyana

If the land plot is your property, then executive authorities and local self-government bodies cannot issue a permit for the establishment of objects contained in the specified List, since the land is privately owned. (you need to look at the boundaries of the site on the ground)

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Lawyer, Saint Petersburg

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Is the public strip exactly included in the protection zone of water bodies? Before this conversation, they told me No. Articles 6 and 65 are different
Tatyana

Look at the attached file, this is a schematic representation of the coastline and the coastal protective strip.

Yes, of course 6 and 65 st. VK RF are different, I didn’t say that they are the same

i. i.jpg jpg

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Lawyer, Saint Petersburg
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One more question, if possible. Is the boat station located on the water or on the public foreshore? And if the protective zone of water bodies, then where is it on the water or on land? On the water it will be pantone.
Tatyana
The coastline is on the shore, not on the water.
The provision of water bodies for use is carried out in accordance with Chapter 3 of the Water Code, and the cases of provision are contained in Art. 11 VK RF
Article 11
1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water bodies that are federally owned, owned by constituent entities of the Russian Federation, owned municipalities are available for use for:
1) intake (withdrawal) of water resources from surface water bodies;
2) use of the water area of water bodies, including for recreational purposes;
3) the use of water bodies without the withdrawal (withdrawal) of water resources for the purposes of generating electrical energy.
2. On the basis of decisions on granting water bodies for use, unless otherwise provided by part 3 of this article, water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, are provided for use for:
1) ensuring the defense of the country and the security of the state;
2) discharge of sewage, including drainage, water;
3) construction of berths, ship-lifting and ship-repair facilities;
4) creation of stationary and (or) floating platforms, artificial islands on lands covered with surface waters;
5) construction of hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, other linear objects, if such construction is associated with a change in the bottom and banks of water bodies;
6) exploration and production of minerals;
7) carrying out dredging, blasting, drilling and other works related to changing the bottom and banks of water bodies;
8) lifting sunken ships;
9) alloy wood in rafts and with the use of wallets;
10) withdrawal (withdrawal) of water resources for irrigation of agricultural land (including meadows and pastures);
11) organized recreation for children, as well as organized recreation for veterans, elderly citizens, disabled people;
12) intake (withdrawal) of water resources from surface water bodies and their discharge in the course of aquaculture (fish farming).
3. It is not required to conclude a water use agreement or make a decision on granting a water body for use if the water body is used for:
1) navigation (including maritime navigation), navigation of small size vessels;
2) single takeoff, single landing of aircraft;
3) abstraction (withdrawal) from an underground water body of water resources, including water resources containing minerals and (or) being natural healing resources, as well as thermal waters;
4) withdrawal (withdrawal) of water resources in order to ensure fire safety, as well as preventing emergencies and elimination of their consequences;
5) intake (withdrawal) of water resources for sanitary, ecological and (or) navigable releases (discharges of water);
6) intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means;
7) implementation of aquaculture (fish farming) and acclimatization of aquatic biological resources;
8) conducting state monitoring of water bodies and other natural resources;
9) conducting a geological study, as well as geophysical, geodetic, cartographic, topographic, hydrographic, diving works;
10) fishing, hunting;
11) implementation of traditional nature management in the places of traditional residence of the indigenous peoples of the North, Siberia and Far East Russian Federation;
12) sanitary, quarantine and other control;
13) environmental protection, including water bodies;
14) scientific, educational purposes;
15) exploration and extraction of minerals, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains of rivers;
16) watering garden, garden, country plots, maintaining a personal subsidiary farm, as well as a watering place, carrying out work to care for farm animals;
17) bathing and meeting other personal and domestic needs of citizens in accordance with Article 6 of this Code;
18) carrying out dredging and other works in the water area of a sea or river port, as well as maintenance of inland waterways of the Russian Federation;
19) creation of artificial land plots.
4. The provision of water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out, respectively, by the executive bodies of state power and local governments in within their powers in accordance with Articles 24 - 27 of this Code.

1. Water protection zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as the preservation of the habitat of aquatic biological resources and other objects of the animal and plant world.

(as amended by Federal Law No. 244-FZ of July 13, 2015)

2. Within the boundaries of water protection zones, coastal protective strips are established, on the territories of which additional restrictions economic and other activities.

4. The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length of:

1) up to ten kilometers - in the amount of fifty meters;

2) from ten to fifty kilometers - in the amount of one hundred meters;

3) from fifty kilometers and more - in the amount of two hundred meters.

(as amended by Federal Law No. 118-FZ of July 14, 2008)

7. The boundaries of the water protection zone of Lake Baikal are established in accordance with the Federal Law of May 1, 1999 N 94-FZ "On the Protection of Lake Baikal".

(Part 7 as amended by Federal Law No. 181-FZ of June 28, 2014)

8. The width of the water protection zone of the sea is five hundred meters.

9. The water protection zones of the main or inter-farm canals coincide in width with the right-of-way of such canals.

10. Water protection zones of rivers, their parts placed in closed collectors, are not established.

12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.

(as amended by Federal Laws of 14.07.2008 N 118-FZ, of 07.12.2011 N 417-FZ, of 13.07.2015 N 244-FZ)

15. Within the boundaries of water protection zones, it is prohibited:

1) use of wastewater for the purpose of regulating soil fertility;

(as amended by Federal Law No. 282-FZ of October 21, 2013)

2) placement of cemeteries, animal burial grounds, production and consumption waste disposal facilities, chemical, explosive, toxic, toxic and poisonous substances, radioactive waste disposal sites;

(as amended by Federal Laws of 11.07.2011 N 190-FZ, of 29.12.2014 N 458-FZ)

3) implementation of aviation pest control measures;

(as amended by Federal Law No. 282-FZ of October 21, 2013)

4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with a hard surface;

5) location of petrol stations, warehouses of fuels and lubricants (except for cases when petrol stations, warehouses of fuels and lubricants are located in the territories of ports, shipbuilding and ship repair organizations, infrastructure of inland waterways, subject to compliance with the requirements of legislation in the field of environmental protection and of this Code), service stations used for technical inspection and repair of vehicles, washing of vehicles;

(Clause 5 was introduced by Federal Law No. 282-FZ of October 21, 2013)

6) placement of specialized storage facilities for pesticides and agrochemicals, use of pesticides and agrochemicals;

(Clause 6 was introduced by Federal Law No. 282-FZ of October 21, 2013)

7) discharge of sewage, including drainage, water;

(Clause 7 was introduced by Federal Law No. 282-FZ of October 21, 2013)

8) exploration and production of common minerals (with the exception of cases where exploration and production of common minerals are carried out by subsoil users engaged in exploration and production of other types of minerals, within the boundaries granted to them in accordance with the legislation of the Russian Federation on the subsoil of mining allotments and (or ) geological allotments on the basis of an approved technical design in accordance with Article 19.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 "On Subsoil").

(Clause 8 was introduced by Federal Law No. 282-FZ of October 21, 2013)

1) centralized water disposal systems (sewerage), centralized storm water disposal systems;

The use of the water protection zone is regulated by law, private construction is allowed in compliance with established standards. The owner of a land plot located near various water bodies has the right to build, observing the restrictions on construction.

The water protection zone of a water body has a special legal status, in order to avoid conflict situations It is recommended that you familiarize yourself with the current regulations first.

The concept of a water protection zone

The current Water Code of the Russian Federation defines the concept of a protected area. In Art. 65 states that this land adjacent to the shore of the reservoir can be used for economic, construction and cultural purposes only under special conditions.

The law protects water bodies from pollution and damage, guarantees the safety of animals and plants located there. Protecting the existing natural balance, the VK RF determines the rules for use, punishment for violation of the adopted resolutions and regulations for the use of the water protection zone.

In order to avoid troubles that may arise after the completion of construction and when issuing a certificate of ownership, it is necessary to prevent violations of the law. Obtaining a building permit or registering home ownership will have to face unforeseen circumstances. The best option is prior approval and obtaining permission than paying significant fines for proven violations.

The most serious option is when the developer receives an order to demolish the erected building, which can be extremely difficult to cancel. By law, a ban on construction in coastal zone refers to 20 m from the water's edge. A nearby house or outbuildings may be demolished by court order.

It is not permissible to install fences and other barriers that prevent third parties from accessing the reservoir. Enclosing part coastal zone and creating additional inconvenience for citizens, the owner of the site will be forced to demolish it and pay a fine.

Do not forget that the liquidation work is paid by the violator, the funds from the guilty person are collected by enforcement proceedings.

Restrictions on construction in the water protection zone

Protection of the water protection zone is carried out in accordance with established standards. The approved coastline is the starting point for all measurements relating to building permits. The use of the coastline has a restriction on implementation various kinds activities and depends on the distance from the source of the reservoir.

For example, the width of the lane on which it is not allowed to build, is for rivers:

if less than 10 km from the source, then 50 m should be retreated from the water's edge;
if 10-50 km, then construction cannot be carried out closer than 100 m;
if more than 50 km, then a retreat of 200 m is required.

The calculation of the distance from the water in the case of lakes and other closed water reservoirs is carried out depending on the perimeter of the coastline and the surface area of the object. For example, if the lake is less than half a kilometer in size, then the water protection zone is located at 50 m. Such a regulation applies to artificial and natural water resources. For sea shore the remoteness for development is significantly higher and is set at 500 m.

If the river has an insignificant length, less than 10 km, then the water protection zone coincides with the coast. An exception is made for carrying out activities directly near the source of a stream or a small river. You will have to retreat from the coast by 50 m, otherwise the ban on construction near the water body will be violated.

To other restrictions on the use in economic activities and living near the water protection zone the following applies:

the inadmissibility of using wastewater for land reclamation and other agricultural needs. Since the land plot is located in the immediate vicinity of the reservoir, after watering and irrigation, wastewater enters the reservoir;
the formation of animal burials, cemeteries or storage of industrial waste, especially of increased toxicity, is unacceptable in the zone;
plowing areas is not allowed. The coastline should not be exposed to heavy equipment, the formation of earthen blockages and other actions leading to soil erosion;
in the protective zone it is impossible to graze cattle and arrange summer paddocks;
the movement of all types of transport, the formation of spontaneous or planned parking is prohibited.

With all existing restrictions, construction in compliance with established rules is permitted by law. This will require the issuance of additional permits and the introduction of project documentation equipment and devices for the protection of a nearby water body.

VK RF Article 65

1. Water protection zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as the preservation of the habitat of aquatic biological resources and other objects of the animal and plant world.

2. Within the boundaries of water protection zones, coastal protective strips are established, on the territories of which additional restrictions on economic and other activities are introduced.