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 to first familiarize yourself with the current regulations.
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, violations of the law should be prevented. 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, the ban on building in the coastal zone applies 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. Having fenced off part of the 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 coastal strip has a restriction on the implementation of various 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 the seashore, the distance for development is much 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 equipment and devices for the protection of a nearby water body into the design documentation.
Although water protection zones and coastal strips are being created, this does not mean at all that their lands cannot be used for summer cottage construction, and. in the water protection zone, you can also buy, engage in their privatization and lease. In addition, they can be built up, but you just have to comply with all restrictions and not violate the laws.
In accordance with Article 65 of the Water Code of the Russian Federation, a territory adjacent to the coastline of seas, lakes, canals, etc., on which a special regime of economic and any other activity is established, in connection with the prevention of pollution, clogging of these waters, will be considered a water protection zone , as well as the preservation of all objects of the animal and plant world. Coastal protective strips should be established, where restrictions on economic and any other activities are introduced. Outside cities and towns, the coastline will be considered the boundary. In the case of a storm drain or embankment, the boundary will follow the parapet.
The length of the water protection zone affects the width of the water protection zone. Suppose if the stream is less than 10 km, then the water protection zone will be 50 meters, and if the river is more than 50 km long, then 200 meters. If the length is less than 10 km, then the water protection zone will coincide with the coastal protective strip. The radius of the water protection zone at the source is 50 meters. If a lake or reservoir has a water area of no more than 0.5 square meters, then the width of the water protection zone will be 50 meters. Near the sea, the width of the water protection zone will be 500 meters. The width of the coastal protective strip varies depending on the slope of the coast. In the case of a reverse or zero slope - 30 meters, a slope of up to three degrees - 40 meters, a slope of more than three degrees - 50 meters. If the reservoir has a special fishery value, then the width of the protective strip is 200 meters. On the territory of water protection zones, it is possible to design and build economic or other facilities, but only if they are equipped with structures that will ensure protection from pollution, clogging and depletion of water.
It is impossible to use sewage for soil fertilization within the boundaries of water protection zones. It is also forbidden to place cemeteries, places of burial of industrial waste, cattle burial grounds. It is forbidden to use aerial measures to control pests and diseases in plants. It is also not allowed to organize the movement and parking of vehicles. It is only possible to drive on roads in specially equipped places that have a hard surface.
It is also forbidden to plow the land, place dumps of eroded soils, graze animals and organize summer camps for them.
No matter how great the temptation to use the coastline for personal needs, it is strictly forbidden to do so. Any area located at a distance of 20 m from the water is a common area. Access to them cannot be restricted, which is clearly regulated by Article 6 of the Water Code of the Russian Federation. Everything that is further than this twenty-meter section can be rented in accordance with articles 30-32.34 of the Land Code of the Russian Federation.
Reservoirs are not real estate objects and they cannot be taken as land in or ownership. But if the reservoir is located inside a privately owned site, then it automatically becomes yours. But in accordance with Article 8 of the Water Code of the Russian Federation, it can only be a pond or a flooded quarry, but not a lake. It will not work to divide such a plot, and if the plot is sold, then the reservoir will become the property of the new owner. There is no need to separate reservoirs.
Reprinting of materials is allowed only with a link to
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.
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.
(see text in previous edition)
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.
(see text in previous edition)
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".
(see text in previous edition)
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.
(see text in previous edition)
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).
(see text in previous edition)
15. Within the boundaries of water protection zones, it is prohibited:
1) use of wastewater for the purpose of regulating soil fertility;
(see text in previous edition)
2) placement of cemeteries, animal burial grounds, production and consumption waste disposal facilities, chemical, explosive, toxic, toxic and poisonous substances, radioactive waste disposal sites;
(see text in previous edition)
3) implementation of aviation pest control measures;
(see text in previous edition)
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;
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 (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").
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;
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 flora and fauna 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. The width of the coastline of 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 of economic activities that may cause damage to water bodies, and the coastal strip of a public water body is 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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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
ChatOne 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.
TatyanaThe 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 objects 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) 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) intake (withdrawal) of water resources in order to ensure fire safety, as well as to prevent emergency situations and eliminate 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 places of traditional residence of indigenous peoples of the North, Siberia and the Far East of the 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 personal subsidiary plots, 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.
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 in order to place the 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
Chat
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
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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Adoption Water Code in general, it is a positive step in legislative activity. Main task Water Code was and is the protection of water bodies from pollution, primarily created by industrial enterprises, economic activities of various organizations and individuals. It seems that everything is fine here and this should only be rejoiced. But it turns out everything is so simple. Some articles of the law directly or indirectly affected recreational fishing. How? Let's try to figure this out.
Let's consider one of the articles of the Water Code, which caused numerous disputes, a lot of discussions and bewilderment, so much bewilderment, sometimes just indignation. This is chapter 6" Protection of water bodies”, Article 65, part 15, paragraph 4. Here is what it says:
"Within the borders water protection zones traffic and parking are prohibited Vehicle(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.
There are anglers who go fishing on foot. This point, of course, does not concern them, but, nevertheless, the vast majority of fishing enthusiasts come to fishing on a personal motor transport. And here a lot of questions arise.
First, how to carry equipment for such a distance to coastline, since the width water protection zone mainly is, depending on the reservoir, from 50 to 200 meters. Modern fishing involves a rather weighty set of gear and other means necessary For fishing. Not everyone is young, not everyone is an athlete. And then fishing you still have to haul the catch, and, as a rule, uphill. Also, you have to pick up trash. Many complain that they cannot calmly to fish if they do not see their own car. There were also cases when they removed the wheels, penetrated into the salon. There are no guarded parking lots on reservoirs, far from civilization.
If you carefully read article 65 Water Code, then you will understand that the movement on the roads and parking on the roads to water protection zones are not prohibited. Then the question arises: what is the road from the point of view of the Law. Federal Law No. 196-FZ "On Road Safety", adopted on November 15, 1995, as amended on December 28, 2013, Article 2 states:
"Road- equipped or adapted and used for the movement of vehicles strip of land or the surface of an artificial structure. The road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing lanes, if any.
Of the things listed in the last sentence, we are only interested in the roadside. In other words, if within water protection zone passes road, including unpaved, then you can move along it and leave car on the sidelines. Specially equipped parking on the banks reservoirs absent in the vast majority of cases. Therefore, apart from the curb, there is nowhere else for vehicles to stand. And if your automobile moves off the road and stopped on the grass near the shore, then there is a clear violation of the Law.
Here is another article Water Code concerning recreational fishing. This is article 6 "Water objects of common use", part 8, which states:
"Every citizen has the right to use (without the use of mechanical vehicles) coastal strip public water bodies for movement and stay near them, including for the implementation amateur and sports fisheries and mooring of floating craft.
It also mentions mechanical vehicles, i.e. once again told what to use automobile transport within coastline it is forbidden.
TERMS
Now we need to define terms: what is coastline, what foreshore what is and what is.
Coastline is the boundary of the water body. It is defined for:
1) seas- along a constant water level, and in the case of a periodic change in the water level - along the line of maximum ebb;
2) rivers, stream, canal, lakes, flooded quarry - according to the average annual water level during the period when they are not covered with ice;
3) pond, reservoirs- according to the normal retaining water level;
4) swamps - along the border of a peat deposit at zero depth.
coastline is a strip of land along coastline public water body intended for public use. Width coastline public water bodies is 20 m, except for coastline channels, as well rivers and streams, the length of which from source to mouth is not more than ten kilometers. Width coastline channels, as well rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is 5 m.
Water protection zone is the area adjacent to coastline seas, rivers, streams, canals, lakes, reservoirs and which establishes a special regime for the implementation of economic and other activities in order to prevent pollution, clogging, silting of the specified 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.
Coastal protection zone- territory within the boundaries water protection zone, which introduces additional restrictions on economic and other activities.
WIDTH
Width water protection zone rivers or streams is established depending on their length from source to mouth: - up to 10 km - 50 m; - from 10 to 50 km - 100 m; - from 50 km and more - 200 m.
Width water protection zone lakes, reservoirs, with the exception of lakes located inside the swamp, or lakes, reservoirs with water area less than 0.5 sq. km, set at 50 m. Width water protection zone reservoir located on a watercourse is set equal to the width water protection zone this watercourse.
Width water protection zone Lake Baikal is established separately (Federal Law of May 1, 1999 No. 94-FZ "On the Protection of Lake Baikal").
Width water protection zone the sea is 500 m.
Width coastal protection zone set depending on the slope of the shore water body and is 30 m (from coastline) for a reverse or zero slope, 40 m for a slope of up to 3 degrees and 50 m for a slope of 3 degrees or more.
For flow and waste lakes located within the boundaries of swamps and corresponding watercourses width coastal protection zone is 50 m. Coastal protection strip width rivers, lakes, reservoirs of especially valuable fishery importance (places of spawning, feeding, wintering of fish and other aquatic biological resources), is 200 m, regardless of the slope of the adjacent lands. In the territories of settlements in the presence of centralized storm water disposal systems and embankments of the border coastal protective belts coincide with the parapets of the embankments. Width water protection zone in such areas it is installed from the embankment parapet. In the absence of an embankment, the width water protection zone, coastal protection zone measured from coastline.
LENGTH
If with the concepts coastline" and " foreshore» everything is clear - they, by definition, extend throughout reservoir, then the question arises: Water protection zone– where is she? Everywhere, throughout reservoir, or not? AT water code only water protection zone width and coastal protection zone, i.e. distance from shores. What is their length?
Length water protection zone, like coastline, is equal to the length reservoir. And the length coastal protection zone different for different reservoirs. How to find out coastal protection zone?
BORDERS
Borders of water protection zones and coastal protection lines water bodies are installed in accordance with Decree of the Government of the Russian Federation dated January 10, 2009 No. 17 "On approval of the Rules for establishing on the ground boundaries of water protection zones and water bodies.
The Decree states that the establishment of boundaries is carried out by state authorities of the constituent entities of the Russian Federation, which ensure the definition water protection zone width and the width of the coastal protective strip for each water body, description of the boundaries water protection zones and borders coastal protective belts water body, their coordinates and control points, display boundaries of water protection zones and borders of coastal protective strips water bodies on cartographic materials, establishing boundaries of water protection zones and borders of coastal protective strips water bodies directly on the ground, including through the placement of special information signs. Border Information water protection zones and borders coastal protective belts water bodies, including cartographic materials, are entered in the state water register.
They (state authorities of the subjects of the Russian Federation) ensure the placement of special information signs all over the borders water protection zones and coastal protective belts water bodies at characteristic points of the relief, as well as at the intersections water bodies roads, in recreation areas and other places of mass stay of citizens and maintaining these signs in proper condition.
As a simple person who does not have access to cartographic materials, with a description of the borders water protection zones and borders coastal protective belts water body, their coordinates and control points, can find out the boundaries water protection zone or coastal protection zone? Nothing but availability.
Part 18 of Article 65 caused a lot of discussion Water Code, which deals with the establishment on the ground boundaries of water protection zones and borders of coastal protective strips water bodies, including through special information signs. The article states that, special information signs carried out in the manner prescribed by the Government of the Russian Federation. Those. here you need to know Decree of the Government of the Russian Federation of January 10, 2009 No. 17 "On approval of the Rules for establishing on the ground boundaries of water protection zones and borders of coastal protective strips water bodies", which defines the Rules for establishing on the ground boundaries of water protection zones and borders of coastal protective strips water objects. This ruling describes samples information signs.
Concerning information signs about availability water protection zone and its width, then a heated discussion unfolded among anglers. Like, if there is no sign, then there is no prohibition. This is not true. Unlike road signs, the presence of a sign on body of water possible, but not necessary. Absence information signs, unfortunately, does not exempt from responsibility, as well as ignorance of the laws. A citizen is obliged to independently comply with the requirements of environmental legislation.
Part 5 of Article 6 “Water objects of common use” states that information on the restriction of water use at water bodies of common use is provided to citizens by local governments not only through special information signs but also through the media. Other means of providing such information may also be used.
PENALTY FOR VIOLATION
What punishment is provided by the Law for violation of paragraph 4 of part 15 of Art. 65 Water Code?
For violation of paragraph 4 of part 15 of Art. 65 Water Code(traffic and parking of vehicles within water protection zone and coastal protection zone) provided for administrative punishment under part 1 of Art. 8.42 of the Code of the Russian Federation on Administrative Offenses in the form of a fine - from 3000 to 4500 rubles for each offender.
OBSTACLE TO FREE ACCESS TO A WATER BODY
By the way, you can often see barriers established by certain people arbitrarily.
Here are excerpts from article 6 "Water objects of public use" Water Code.
Reservoirs that are in state or municipal ownership are water bodies for general use, that is, public water bodies, unless otherwise provided by this Code.
Every citizen has the right to access to water bodies public and for free use them for personal and household needs, unless otherwise provided by this Code, other federal laws.
strip of land along coastline public water body ( foreshore) is for general use.
For this violation provided for in Article 8.12.1. Code of Administrative Offenses of the Russian Federation “Non-compliance with the conditions for ensuring free access citizens to a public water body and its coastal strip", superimposed fine for citizens in the amount of 3,000 to 5,000 rubles; for officials - from 40,000 to 50,000 rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from 40,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 200,000 to 300,000 rubles. or administrative suspension of activities for up to 90 days.
IS IT POSSIBLE TO FISH IN THE COASTAL PROTECTION STRIP?
It is not uncommon for anglers to have such a question: Is it forbidden fishing in water protection zone or coastal protection zone?
Not, not prohibited. To understand this, let's go back to Article 65 of Chapter 6 "Protection of water bodies" Water Code.
It states that in water protection zones a special regime for the implementation of economic and other activities is established, and that within the boundaries coastal protective belts additional restrictions on economic and other activities are introduced.
What is economic activity, I think, is clear, but what is "other activity" requires clarification. Recreational fishing does not fall under the concept of "other activities". Other activity is, first of all, activity, i.e. This is an economic concept. BUT fishing This is recreation, not activity. In other words, fishing in coastal protective belts not prohibited. Restricted entry to motor transport.
GRAZING AND WATERING ON THE SHORE OF FARM ANIMALS
By the way, you can often see shore grazing and watering place for farm animals.
Besides that animal grazing causes certain inconvenience to vacationers and, in particular, fishermen, this is also prohibited by the same article 65 Water Code, part 17 of which reads:
"Within the borders coastal protective belts along with the restrictions established by Part 15 of this Article prohibited grazing farm animals and organizing summer camps and baths for them.
IS IT POSSIBLE TO WASH THE CAR ON THE SHORE?
Wash cars Near reservoirs or in protected areas forbidden throughout Russia, differ only fines in the regions. Also, this action falls under the eighth chapter of the Code of Administrative Offenses: "Administrative offenses in the field of environmental protection and nature management."
