Coastal protective strip of a water body. Water protection zone of a water body

1. Water protection zones are territories that are adjacent to coastline(borders water body) seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for carrying out 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 preserving the habitat of aquatic biological resources and other animal objects and flora.

(edited) Federal Law dated July 13, 2015 N 244-FZ)

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

3. Outside the territories of cities and others 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 (the boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protective strip are set from the line of maximum tide. In the presence of centralized storm 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 territories is established from the embankment parapet.

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 or more - in the amount of two hundred meters.

5. For a river or stream less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protective strip. The radius of the water protection zone for the sources of a river or 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, reservoir with a water area of ​​less than 0.5 square kilometer, 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.

(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 dated June 28, 2014 N 181-FZ)

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

9. Water protection zones of main or inter-farm canals coincide in width with the allotment strips of such canals.

10. Water protection zones for rivers and 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 degrees or more.

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

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

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

(as amended by Federal Laws No. 118-FZ dated July 14, 2008, No. 417-FZ dated December 7, 2011, No. 244-FZ dated July 13, 2015)

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

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

(as amended by Federal Law dated October 21, 2013 N 282-FZ)

2) placement of cemeteries, cattle burial grounds, industrial and consumer waste disposal facilities, chemical, explosive, toxic, poisonous and toxic substances, burial sites radioactive waste;

(as amended by Federal Laws dated July 11, 2011 N 190-FZ, dated December 29, 2014 N 458-FZ)

3) implementation of aviation measures to combat pests;

(as amended by Federal Law dated October 21, 2013 N 282-FZ)

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

5) placement of gas stations, warehouses fuels and lubricants(except if gas stations, warehouses of fuels and lubricants are located in the territories of ports, shipbuilding and ship repair organizations, internal infrastructure waterways subject to compliance with the requirements of legislation in the field of environmental protection and this Code), stations Maintenance used for technical inspection and repair of vehicles, washing vehicles;

(Clause 5 introduced by Federal Law dated October 21, 2013 N 282-FZ)

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

(Clause 6 introduced by Federal Law dated October 21, 2013 N 282-FZ)

7) discharge of wastewater, including drainage water;

(Clause 7 introduced by Federal Law dated October 21, 2013 N 282-FZ)

8) exploration and production of common mineral resources (except for cases where exploration and production of common mineral resources is carried out by subsoil users engaged in exploration and production of other types of mineral resources, within the boundaries of mining allotments allocated to them in accordance with the legislation of the Russian Federation on subsoil resources and (or ) geological allotments based on the approved technical project in accordance with Article 19.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 “On Subsoil”).

(Clause 8 introduced by Federal Law dated October 21, 2013 N 282-FZ)

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 bodies from pollution, clogging, siltation and water depletion in accordance with water legislation and legislation in field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, siltation and water depletion 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 legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, siltation and water depletion are understood as:

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

2) structures and systems for the removal (discharge) of wastewater into centralized drainage systems (including rain, melt, infiltration, irrigation and drainage water), if they are intended to receive such water;

3) local wastewater treatment plants for wastewater treatment (including rain, melt, infiltration, irrigation 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) structures for collecting production and consumption waste, as well as structures and systems for disposal (discharge) of wastewater (including rain, melt, infiltration, irrigation and drainage water) into receivers made of waterproof materials.

(Part 16 as amended by Federal Law dated October 21, 2013 N 282-FZ)

16.1. In relation to the territories where citizens conduct gardening or vegetable gardening 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 paragraph 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.

(Part 16.1 introduced by Federal Law dated October 21, 2013 N 282-FZ; as amended by Federal Law dated July 29, 2017 N 217-FZ)

16.2. In territories located within the boundaries of water protection zones and occupied by protective forests, specially protected forest areas, along with the restrictions established by part 15 of this article, there are restrictions provided for by forest legislation legal regime protective forests, the legal regime of specially protected forest areas.

(Part 16.2 introduced by Federal Law dated December 27, 2018 N 538-FZ)

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, the following are 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. Establishment of the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies, including marking on the ground by means of special information signs, carried out in order, established by the Government Russian Federation.

(Part eighteen as amended by Federal Laws dated July 14, 2008 N 118-FZ, dated August 3, 2018 N 342-FZ)

Water Code (WK) of the Russian Federation deals with the regulation of relations in the field of water use based on the idea of ​​a water body as one of the key components of the environment, the habitat of aquatic biological resources, specimens of flora and fauna. Prioritizes human use of water bodies for drinking and domestic water supply. Regulates the use and protection of water bodies in Russia, taking into account the needs of people for water natural resources for personal and household needs, for economic purposes, etc. activities. Based on the principles of the importance of water bodies as the basis of human life and activity. Defines restrictions or prohibitions on the use of certain water bodies.

Article 65 Water Code:

Water protection zones(WHO) – territories that are adjacent to the coastline of water bodies and where a special regime of activities is established to prevent pollution, etc. of water bodies and water depletion, as well as to preserve the habitat of aquatic biological resources.

Within the boundaries of water protection zones, coastal protective strips(PZP), in the territories of which additional restrictions are introduced.

WHO width And PZP installed:

Outside the territories of settlements – from coastline,

For the seas - from high tide lines;

If there are embankment parapets and sewerage, then the boundaries of the PZP coincide with this embankment parapet, from which the width of the WHO is measured.

WHO width is:

For rivers and streams less than 10 km from the source to the mouth, WHO = LWP = 50 m, and the radius of the WHO around the source is 50 m.

For rivers from 10 to 50 km WHO = 100 m

Longer than 50 km, WHO = 200 m

WHO lakes, reservoirs with a water area of ​​more than 0.5 km 2 = 50 m

WHO reservoirs on a watercourse = WHO width of this watercourse

WHO main or inter-farm canals = canal right-of-way.

WHO sea = 500 m

WHO is not established for swamps

PZP width is set depending on the slope of the shore of the water body:

Reverse or zero slope PZP = 30 m.

Slope from 0 to 3 degrees = 40 m.

More than 3 degrees = 50 m.

If the water body has especially valuable fishery value(places of spawning, feeding, wintering of fish and aquatic biological resources), then the surface area is 200 m, regardless of the slope.

PZP lakes within the boundaries of the swamps And watercourses= 50 m.

Within WHO boundaries prohibited:

Use of wastewater for fertilizer;

Placement of cemeteries, cattle burial grounds, places of burial of production and consumption waste, chemical, toxic and noxious substances and radioactive waste;

Use of aviation measures to combat pests and plant diseases;

Movement and parking of vehicles (except for special ones), with the exception of movement and parking on roads and in specially equipped places with hard surfaces.

For sites on WHO territory treatment facilities are required, including treatment facilities for stormwater drains.

Within the boundaries of the PZP prohibited:

Same restrictions as for WHO; Use of wastewater for fertilizer;

Plowing the land;

Placement of dumps of eroded soils;

Grazing farm animals and organizing summer camps and baths for them.

Engineering, technical and technological activities

1. Selection of machinery and equipment, raw materials and supplies, technological processes and operations with less specific impact on the aquatic environment:


a. efficient water consumption schemes (circulating systems);

b. optimal routing schemes for utility networks,

c. low-waste technologies, etc.

2. Organized disposal and treatment of industrial wastewater. When constructing a new facility, choose a separate drainage system for storm, industrial and domestic wastewater.

3. Collection and separate treatment of wastewater contaminated with petroleum products.

4. Automation of control over the efficiency of local treatment facilities;

5. Prevention of filtration from sewer networks (operation, repair).

6. Measures to prevent storm water pollution (cleaning up areas).

7. Special measures for construction (construction site equipment, cleaning and wheel washing stations).

8. Reduction of unorganized wastewater;

9. Limiting the amount of wastewater contaminated with petroleum products discharged into storm drain systems.

10. Equipping with means of monitoring the efficiency of installations and equipment for environmental purposes (grease traps, VOCs).

11. Measures for the removal and temporary storage of soil and plant soil with separate storage of the fertile soil layer and potentially fertile rocks;

12. Carrying out vertical planning and landscaping of the territory of engineering facilities, landscaping of adjacent territories.

13. Special for the construction phase (PIC).

Wheel washing. SNiP 12-01-2004. Organization of construction, clause 5.1

At the request of the local self-government body, the construction site can be equipped... points for cleaning or washing vehicle wheels at exits, and on linear objects - in places indicated by local self-government bodies.

If it is necessary to temporarily use certain territories not included in the construction site for construction needs that do not pose a danger to the population and the environment, the regime of use, protection (if necessary) and cleaning of these territories is determined by agreement with the owners of these territories (for public territories - with local self-government body).

P. 5.5. The contractor ensures the safety of the work for the environment natural environment, wherein:

Provides cleaning of the construction site and the adjacent five-meter area; garbage and snow must be removed to designated areas local government places and dates;

Not allowed release of water from the construction site without protection against erosion surfaces;

At drilling works takes measures to preventing overflow groundwater;

Performs neutralization And organization industrial and domestic wastewater...

VOC. MU 2.1.5.800-99. Drainage of populated areas, sanitary protection of water bodies. Organization of state sanitary and epidemiological supervision of wastewater disinfection

3.2. The most dangerous in terms of epidemics include the following types Wastewater:

Domestic wastewater;

Municipal mixed (industrial and domestic) wastewater;

Wastewater from infectious diseases hospitals;

Wastewater from livestock and poultry farming facilities and enterprises for processing livestock products, wastewater from wool washers, biofactories, meat processing plants, etc.;

Surface storm drains;

Mine and quarry wastewater;

Drainage waters.

3.5. In accordance with sanitary rules on protection surface waters from pollution, wastewater hazardous in epidemic terms, must be disinfected.

The need for disinfection of wastewater of these categories is justified by the conditions of their disposal and use in agreement with the state sanitary and epidemiological authorities in the territories.

Wastewater is subject to mandatory disinfection when discharged into water bodies recreational And sports purpose, during their industrial reuse, etc.

From time immemorial, people settled and founded cities and villages on the banks of waterways. Our contemporaries also strive to acquire land plots and build Vacation home close to ponds in a picturesque area. Residential and commercial real estate objects grow like mushrooms in the coastal areas of large and small rivers, lakes, and reservoirs. However, developers do not always adhere to current standards, which regulate construction in the water protection zone.

The country's legislative bodies adopted new option Water Code, it came into force at the beginning of 2007 and made adjustments, removing many prohibitive norms and softening previously existing requirements. It has now become possible to place garden, vegetable and summer cottage plots in water protection zones, and their privatization is permitted.

What does the legislator mean by the concept of a water protection zone?

Water protection zone- this is the area that is adjacent to the boundaries of any water body (coastline) where it is prescribed special order economic and other activities, that is, there are restrictions on the use of this territory. The purpose of establishing such a regime is to prevent Negative consequences pollution of rivers and lakes, which can lead to depletion of water resources and cause serious harm to local fauna and flora. Protective coastal strips are located within the boundaries of the protective zones.

To find out whether the site is included in the territory of the water protection zone, it is advisable for the developer to contact the cadastral registration service and make a written request to the federal water resources authority, where the registration is carried out. state level water register. This will make it possible to determine exactly what part of the site is in the zone related to special conditions use of the territory (in in this case water protection zone) and its specific area. Official response water management will be needed when obtaining permits for construction and will become the basis for the legitimacy of the developer in the event of any disputes.

Water protection zone: how many meters

The articles of the Water Code indicate the maximum parameter for the width of the water protection zone for territories located outside the city limits and outside the boundaries of any populated areas. It depends on the water body and its characteristics. In order not to conflict with legislative norms, when planning construction, you should know how many meters the water protection zone from the river forms. This parameter is determined by the length water flow, which is calculated from the source:

  • when the length of the river is up to 10 km, the width of the zone, measured from the water’s edge, is 50 m;
  • at 10 - 50 km - 100 m;
  • for rivers over 50 km long - 200 m.

In the case when the distance from the source to the mouth of the river is less than 10 km, then the water protection zone and coastal protective strip coincide, and in the source area it covers the territory equal to the radius at 50 m.

According to the law, the water protection zone of a lake or reservoir with a water area of ​​less than 0.5 km² (in addition to lakes located inside a swamp) is 50 meters. For reservoirs where species of valuable fish are found - 200 m. On the sea coast, this parameter corresponds to 500 meters.

When a body of water is used to supply drinking water, then according to the law, sanitary protection zones are established around it. And if the earth falls into this category, then any construction here is prohibited. Such information is entered into the cadastral passport and indicates existing restrictions on the use of the site.

Construction in the water protection zone of a river or lake

Construction on areas that are fully or partially included in the water protection zone is permitted only on the condition that the house will not pollute the reservoir and all sanitary standards will be met. In other words, a residential building must have at least a wastewater treatment system (filtration). To dot all the i's and get specific and comprehensive information on this issue, it is rational to contact the territorial department of Rospotrebnadzor.

There is also a mandatory environmental assessment project documentation, which allows to exclude any violations of environmental legislation.

Since surface water bodies and the corresponding coastal strip are state or municipal property, they must be publicly available for use by all citizens, therefore any construction at the water's edge and on a 20-meter strip is unacceptable. At the same time, including the construction of fences that prevent people from free access to the coastal area. According to current legislation, privatization is also prohibited land plots within the boundaries of the coastal strip.

At the same time as compliance with the requirements regarding the water protection zone and coastal protective strip when constructing a residential building near a reservoir, it is necessary:

  • have ownership rights to the site or have a lease agreement with the right to build on it with a certain type permitting use (for individual housing construction or private household plots;
  • comply with construction and sanitary standards and regulations when constructing a structure.

In addition to building restrictions in areas classified as water protection, there are a number of other prohibitions. For example, on coastal protective strips it is prohibited:

  • break ground;
  • herd animals;
  • place soil dumps.

Cautions

Statistics show that during inspections carried out by services that control environmental management, about 20% of developers commit violations when constructing real estate in water protection zones. Therefore, when planning construction on a site adjacent to a lake, reservoir or river, you should determine the water protection zone of the water body and clearly know what construction restrictions exist.

An informed developer will save himself from unnecessary problems, fines and other more serious troubles. Fines for individuals are small, but violations are fraught with the fact that judicial procedure they will be required to be eliminated up to and including forced demolition of the facility.

1. Water protection zones are territories that are adjacent to the coastline (borders of a water body) of seas, rivers, streams, canals, lakes, reservoirs and in 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 preserving the habitat of aquatic biological resources and other objects of flora and fauna.

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

3. Outside the territories of cities and other populated areas, 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 (border of the water body), and the width of the water protection zone of the seas and the width of their coastal protective strip stripes - from the line of maximum tide. In the presence of centralized storm 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 territories is established from the embankment parapet.

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 or more - in the amount of two hundred meters.

5. For a river or stream less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protective strip. The radius of the water protection zone for the sources of a river or 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, 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 sea water protection zone is five hundred meters.

9. Water protection zones of main or inter-farm canals coincide in width with the allotment strips of such canals.

10. Water protection zones for rivers and 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 degrees or more.

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

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

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

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

1) use of wastewater to regulate soil fertility;

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

3) implementation of aviation measures to combat pests;

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 hard surfaces;

5) placement of gas stations, warehouses of fuel and lubricants (except for cases where gas stations, warehouses of fuel 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 vehicles;

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

7) discharge of wastewater, including drainage water;

8) exploration and production of common mineral resources (except for cases where exploration and production of common mineral resources is carried out by subsoil users engaged in exploration and production of other types of mineral resources, within the boundaries of mining allotments allocated to them in accordance with the legislation of the Russian Federation on subsoil resources 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 bodies from pollution, clogging, siltation and water depletion in accordance with water legislation and legislation in field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, siltation and water depletion 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 legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, siltation and water depletion are understood as:

1) centralized drainage (sewage) systems, centralized storm drainage systems;

2) structures and systems for the removal (discharge) of wastewater into centralized drainage systems (including rain, melt, infiltration, irrigation and drainage water), if they are intended to receive such water;

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

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

16.1. In relation to the territories where citizens conduct gardening or vegetable gardening 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 paragraph 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, the following are 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 strips of water bodies, including marking on the ground by means of special information signs, is carried out in the manner established by the Government of the Russian Federation.


Judicial practice under Article 65 of the Water Code.

    Resolution of September 4, 2018 in case No. A59-5536/2017

    Fifth Arbitration Court of Appeal (5 AAC)

    The parties do not dispute that work under contract No. 1-2015 dated 04/01/2015 was suspended on the basis of a direct prohibition, namely: due to the provisions of Article 65 of the Water Code of the Russian Federation and the lack of permits, which is confirmed by the decision of the Sakhalin Regional Court dated 01/25/2016 in case No. 72-11/2016. At the same time, the defendant appealed...

    Decision of August 31, 2018 in case No. A82-17600/2017

    Arbitration court Yaroslavl region(AS of the Yaroslavl region)

    To Gremyachevsky Stream and its environmental protection zone - until 10/15/2017. According to the defendant, the Company’s actions violated clause 7, part 15 of Art. 65 Water Code of the Russian Federation, Art. 34, 39, 43.1 Federal Law No. 7-FZ “On Environmental Protection”, clause 3.2.6, 3.2.43 of the Rules technical operation systems...

    Resolution of August 31, 2018 in case No. A32-4239/2017

    Fifteenth Arbitration Court of Appeal (15 AAC)

    South-Northern rural district (vol. 1, pp. 64); Attached to the resolution is a description of what is specified in it land plot and its diagram (vol. 1, pp. 65). Appendix No. 1 on the basis of the specified resolutions of the head of the Tikhoretsky district Krasnodar region No. 907 of 09.18.01, No. 1302 of 12.28.01, No. 157 of 02.22.02 sides...

    Decision No. 12-18/2018 7-62/2018 of August 30, 2018 in case No. 12-18/2018

    Magadan Regional Court (Magadan Region) - Administrative offenses

    The court's statement about the lack of evidence of the activities of the municipal unitary enterprise "Komenergo" for the treatment and discharge of wastewater within the boundaries of the water protection zone of the Talaya River is unfounded. Referring to the provisions of Article 65 of the Water Code of the Russian Federation, Decree of the Government of the Russian Federation dated January 10, 2009 No. 17 “On approval of the rules for establishing the boundaries of water protection zones and the boundaries of coastal protective strips on the ground...

    Resolution of August 30, 2018 in case No. A50-10286/2018

    Seventeenth Arbitration Court of Appeal (17 AAC) - Administrative

    The essence of the dispute: On challenging non-normative legal acts related to the application of environmental legislation

    Judicial act. IN appeal refers to the fact that the car wash bay was put into operation before changes were made to clause 5, part 15 of art. 65 of the Water Code of the Russian Federation; also indicates that Art. 6.5 of the Federal Law of June 3, 2006 No. 73-FZ “On the entry into force of the Water Code Russian Federation» ...

In the last decade, many private properties have been built on the banks of our water bodies in the cities and villages of the country. But at the same time, legal norms were not observed at all; by and large, no one was interested in them. But construction in such places is illegal. Moreover, coastal areas of water bodies have a special status. It’s not for nothing that these territories are protected by law; there’s probably something important and special about them... Let’s talk about this in more detail.

What is a water protection zone

First, you should understand a little terminology. A water protection zone, from a legislative point of view, is land adjacent to bodies of water: rivers, lakes, seas, streams, canals, and reservoirs.

In these areas, a special regime of activity has been established to prevent clogging, pollution, spoilage and depletion of water resources, as well as to preserve the usual habitat of flora and fauna, and biological resources. Special protective strips are installed on the territory of water protection zones.

Changes in legislation

In 2007, the new Water Code of Russia came into force. In it, compared to previous document, radically changed the regime of the water protection zone (from a legal point of view). More precisely, the size of coastal territories was greatly reduced. To understand what we're talking about, let's give an example. Until 2007, the smallest width of water protection zones for rivers (the length of the river is important) ranged from fifty to five hundred meters, for reservoirs and lakes - three hundred, five hundred meters (depending on the area of ​​the reservoir). In addition, the size of these territories was clearly determined by such parameters as the type of land adjacent to the water body.

Definition exact dimensions water protection zones and coastal protective strips were dealt with executive bodies authorities of the Russian Federation. They're in certain cases set the size of the territory from two to three thousand meters. What do we have today?

Water protection zones of water bodies: modern realities

Now the width coastal areas established by the law itself (Water Code of the Russian Federation, Art. 65). Water protection zones and coastal protective strips for rivers longer than fifty kilometers are limited to an area of ​​no more than two hundred meters. And organs executive power on this moment do not have the right to set their own standards. We clearly see that the water protection zone of the river, even the largest one, is no more than two hundred meters. And this is several times less than previous standards. This concerns rivers. What about other water areas? Here the situation is even sadder.

Water protection zones of water bodies, such as lakes and reservoirs, have decreased in size tenfold. Just think about the numbers! Ten times! For reservoirs with an area of ​​more than half a kilometer, the width of the zone is now fifty meters. But initially there were five hundred. If the water area is less than 0.5 km, then the water protection zone is not established by the New Code at all. This, apparently, should be understood as the fact that it simply does not exist? The logic in this situation is completely unclear. The sizes are large, but any body of water has its own ecosystem, which should not be invaded, otherwise it threatens to disrupt all biological processes. So is it really possible to leave even a small lake unprotected? The only exceptions were those water bodies that have important in fisheries. We see that the water protection zone has not undergone the best changes.

Serious prohibitions in the old version of the Land Code

Previously, the law determined a special regime in the water protection zone. It was an integral part of a single mechanism for a set of measures to improve hydrobiological, sanitary, hydrochemical, ecological state lakes, rivers, reservoirs and seas, as well as improvement of surrounding areas. This specialized regime consisted of prohibiting almost any activity in water protection zones.

It was not allowed to break in such places summer cottages and vegetable gardens, arrange parking vehicles, fertilize the soil. And most importantly, construction in the water protection zone was prohibited without approval from the competent authorities. Also prohibited were the reconstruction of buildings, communications, mining, earthworks, arrangement of dacha cooperatives.

What was previously prohibited is now allowed

The new code contains only four prohibitions out of ten that previously existed:

  1. Fertilizing the soil with wastewater is not permitted.
  2. Such a territory cannot become a site for livestock burial grounds, cemeteries, or the burial of toxic, chemical and radioactive substances.
  3. Aeronautical pest control measures are not permitted.
  4. The coastal strip of the water protection zone is not a place for traffic, parking or parking of cars and other equipment. The only exceptions may be specialized areas with hard surfaces.

Protective belts are currently protected by law only from plowing of land, from the development of pastures for livestock and camps.

In other words, legislators gave the go-ahead to place dacha cooperatives, car washes, repairs, refueling cars in the coastal strip, provide areas for construction, etc. In essence, construction is allowed in the water protection zone and on the coastline. Moreover, the obligation to coordinate all types of activities with competent structures (such as Rosvodoresurs) is even excluded from the law. But the most incomprehensible thing is that since 2007 it has been allowed to privatize land in such places. That is, any environmental protection zone can become the property of private individuals. And then they can do whatever they want with it. Although earlier in Art. 28 Federal Law there was a direct ban on the privatization of these lands.

Results of changes to the Water Code

We see that the new legislation is much less demanding for the protection of coastal areas and water resources. Initially, concepts such as a water protection zone, its dimensions and the dimensions of protective strips were defined by the laws of the USSR. They were based on geographical, hydrological, and soil nuances. Possible near-term changes in the coast were also taken into account. The goal was to preserve water resources from pollution and possible depletion, maintaining eco-balance coastal zones, because they are habitats for animals. The river's water protection zone was established once, and the rules were in effect for several decades. They did not change until January 2007.

There were no prerequisites for simplifying the regime of water protection zones. Environmentalists note that the only goal pursued by legislators when introducing such fundamental changes was simply to provide an opportunity to legitimize spontaneous mass development coastal area, which has been growing over the past ten years. However, everything that was illegally built during the period of the old law cannot be legalized since 2007. This is possible only in relation to those structures that have arisen since the entry into force of the new norms. Everything that was earlier naturally falls under earlier regulations and documents. This means it cannot be legitimized. This is how a conflict arose.

What can liberal policies lead to?

The establishment of such a soft regime of reservoirs and their coastal zones, permission to build structures in these places will have a detrimental effect on the condition of nearby areas. The water protection zone of the reservoir is designed to protect the facility from pollution, from negative changes. After all, this can lead to disruption of a very fragile ecological balance.

Which, in turn, will affect the lives of all organisms and animals living in this area. A beautiful lake in the forest can turn into an overgrown swamp, a fast river into a dirty creek. You never know how many such examples can be given. Remember how many dacha plots were given away, how people with good intentions tried to improve the land... Only bad luck: the construction of thousands of dachas on the shore of a huge lake led to the fact that it turned into a terrible, stinking resemblance to a reservoir in which it is no longer possible to swim. And the forest in the area has thinned out considerably due to the participation of people. And these are not the saddest examples.

Scale of the problem

The water protection zone of a lake, river or other body of water must be under the close supervision of the law. Otherwise, the problem of one polluted lake or storage facility may develop into global problem the whole region.

The larger the body of water, the more complex its ecosystem is. Unfortunately, the disturbed natural balance cannot be restored. Living organisms, fish, plants and animals will die. And it will be impossible to change anything. It's probably worth thinking about this.

Instead of an afterword

In our article we examined a pressing problem today water protection facilities and the importance of following their regime, and also discussed last changes Water Code. I would like to believe that easing the rules regarding the protection of water bodies and adjacent territories will not lead to catastrophic consequences, and people will treat the environment. After all, a lot depends on you and me.