Water protection zone of the river and its legal regime. Construction in water protection zones of water bodies

Recently, all kinds of real estate objects have been increasingly appearing near the banks of rivers, reservoirs and other bodies of water, the construction of most of which does not meet the basic requirements of Russian legislation. That is why many Russians are interested in the question of the possibility of locating objects in coastal zones. According to the legislation, any of our compatriots has the right not only to acquire land plots in the water protection zone, but also to build them up at their own discretion, while observing all the restrictions established by the state and not violating the law.

What is a water protection zone?

According to article No. 65 of the Water Code of the Russian Federation, a water protection zone is a territory that is directly adjacent to the coastline of the water area of a water body, where a special regime of activity (economic or any other) is established, as well as the use and protection of natural resources in order to prevent their malicious or accidental pollution and preservation of existing objects of flora and fauna of these water bodies.

Where can you start building?

That is why, before starting construction, you should clearly understand for yourself whether this can be done in water protection zones and what the consequences may be if such real estate is built with significant violations of the law. After all, the situation may be such that it will be completely impossible to issue a building permit. Or even worse: you have to demolish the newly built house.

Before talking about construction restrictions, it is necessary to understand exactly where construction should not be started under any circumstances. In no way should this be done at the very edge of the reservoir. The situation is such that, according to the law, any construction work at a distance of less than 20 meters from the coast is completely prohibited. Moreover, limiting the unhindered access of citizens to the coastal territory by erected fences and other barriers can lead to very unpleasant consequences.

Other restrictions on construction within water protection zones.

Outside the boundaries of cities and villages, the width of the water protection zone of reservoirs, as well as the width of their coastal protective strip, should be established only depending on the coastline approved by law.

Within the water protection zones of reservoirs, coastal protective strips are introduced, in the place of which additional restrictions are placed on various types of activities.
The width of the water protection zone of rivers or streams is entered depending on their source length:

up to 10 km - in the amount of fifty meters;
from 10 to 50 km -100 m;
from 50 km and more -200 m.

The width of the coastal protective strip near lakes and various reservoirs, the area of which is not more than 0.5 square km, will be 50 meters. It should be noted that the width of such zones near the seas must be 500 meters, which is significantly greater than that of any other natural and artificial reservoirs.

For rivers and other water bodies, the length of which is slightly less than 10 km, the water protection zone completely coincides with the coastal protective strip. At the same time, the radius of this zone for the sources of rivers and streams should be set at a size of 50 meters.

In addition, within the water protection zones it is strictly prohibited:

use of wastewater to regulate soil fertility;
place cemeteries, places where waste from the consumption of industrial and economic activities can be stored;
plowing land, placing dumps of eroded soils, as well as organizing pastures for animals;
traffic and parking of vehicles, including forced.

Within the boundaries of water protection zones, it is allowed and even allowed to design, build, reconstruct, repair, operate economic and other facilities in the case of equipping these facilities with buildings that can ensure the protection of rivers, reservoirs, etc. from water pollution and depletion in full compliance with water legislation and environmental laws.

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- a strip of land or the surface of an artificial structure, equipped or adapted and used for the movement of vehicles. 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 public water bodies, 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."

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.

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 the Federal Law of 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, facilities for the disposal of production and consumption waste, 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) 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;

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 farm animals and organizing summer camps and baths for them.

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.

VK RF Article 65

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.