What is prohibited in the coastal zone. Coastal protection zone

Decor elements 13.10.2019
Decor elements

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

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

3. Outside the territories of cities and other settlements, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protective strip are established from the corresponding coastline, and the width of the water protection zone of the seas and the width of their coastal protective strip - from the maximum tide line . 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 coastline.

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

1) use Wastewater in order to regulate soil fertility;

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

3) implementation of aviation measures to combat harmful organisms;

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 a hard surface;

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

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

7) discharge of sewage, including drainage, water;

8) exploration and production of common minerals (except for cases when exploration and production of common minerals are carried out by subsoil users engaged in exploration and production of other types of minerals, within the boundaries provided to them in accordance with the legislation Russian Federation on the subsoil of mining allotments and (or) geological allotments 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").

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 systems water disposal;

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

3) local treatment facilities for the treatment of wastewater (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. With regard to the territories of horticultural, gardening or dacha non-profit associations of citizens 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:

Feedback form.

Everyone knows that man and his economic activity negatively affects natural environment. And the load on it increases from year to year. This fully applies to water resources. And although 1/3 of the earth's surface is occupied by water, it is impossible to avoid its pollution. Our country is no exception, and close attention is paid to the protection of water resources. However, this problem has not yet been fully resolved.

Coastal zones to be protected

A water protection zone is a zone to which the territory around any water bodies belongs. Here are created special conditions for Within its limits there is a protective coastal strip with a stricter protection regime, with additional restrictions on nature use.

The purpose of such measures is to prevent pollution, clogging of water resources. In addition, the lake may become silted up, and the river may become shallow. Water environment- this is a habitat for many living organisms, including rare and endangered, listed in the Red Book. Therefore, security measures are necessary.

Water protection zone and coastal protective strip located between the coastline, which is the boundary of the water body. It is calculated as follows:

  • for the sea - by the water level, and if it changes, then by the level of low tide,
  • for a pond or reservoir - according to the retaining water level,
  • for streams - according to the water level in the period until they are covered with ice,
  • for swamps - from their beginning along the border of peat deposits.

The special regime on the border of water protection zones is regulated by Art. 65 of the Water Code of the Russian Federation.

Design

The design is based on regulatory documents approved by the Ministry natural resources Russia and are consistent with those authorities that are responsible for

Design customers are territorial bodies from the Ministry of Water Resources of the Russian Federation. And in the case of reservoirs given for individual use - water users. They must maintain the territory of the coastal protective strip in proper condition. As a rule, trees and shrubs should grow on the border.

Projects are tested and environmental impact assessment, coordinated with the executive authorities of the constituent entities of the Russian Federation. Special signs indicate where the border of the coastal protective strip ends. Before the project enters into force, its dimensions and the dimensions of water protection zones are applied to the development plan of settlements, land use plans, and cartographic materials. The established boundaries and the regime in these territories must be brought to the attention of the population.

Dimensions of the protective coastal strip

The width of the protective coastal strip depends on the steepness of the slope of the river or lake basin and is:

  • 30 m for zero slope,
  • 40 m for slope up to 3 degrees,
  • 50 m for a slope of 3 or more degrees.

For swamps and flowing lakes, the boundary is 50 m. For lakes and reservoirs where valuable breeds fish, it will pass within a radius of 200 m from the coastline. On the territory of the settlement, where there are storm drains, its boundaries run along the embankment parapet. If there is none, then the border will pass along the coastline.

Prohibition on certain types of work

Since the coastal protection zone has a stricter protection regime, the list of works that should not be carried out here is quite large:

  1. The use of manure for soil fertilization.
  2. Placement of agricultural and household waste, cemeteries, animal burial grounds.
  3. Use for dumping polluted water, garbage.
  4. Washing and repair of machines and other mechanisms, as well as their movement in the area.
  5. Use to accommodate transport.
  6. Construction and repair of buildings and structures without the consent of the authorities.
  7. Grazing and summer placement of livestock.
  8. Construction of garden and suburban areas, installation of tent camps.

As an exception, the water protection and coastal protective strip is used to accommodate fishing and hunting farms, water supply facilities, hydrotechnical and At the same time, a license for water use is issued, which stipulates the requirements for compliance with the rules water protection regime. Those persons who carry out illegal actions in these territories are responsible for their actions within the framework of the law.

Construction in the water protection zone

A protective coastal strip is not a building site, but there are exceptions to the rules for a water protection zone. Real estate and "grow" along the banks, and exponentially. But how do developers comply with the requirements of the law? And the law says that "the placement and construction of residential buildings or summer cottages with a width of the water protection area of ​​less than 100 m and a steepness of slopes of more than 3 degrees is strictly prohibited."

It is clear that the developer must first consult about the possibility of building and the boundaries of the placement of a protective coastal strip in the territorial department of the Water Resources Administration. A response from this agency is required to obtain a building permit.

How to avoid sewage pollution?

If the building has already been erected and is not equipped with special systems for filtration, then the use of receivers made of waterproof materials is allowed. They do not allow environmental pollution.

Structures that support the protection of clean water sources are:

  • Sewerage and centralized storm water drainage channels.
  • Structures into which polluted water is drained (into specially equipped ones) It can be rain and melt water.
  • Local (local) treatment facility built in accordance with the Water Code.

Places for collecting consumption and production waste, systems for discharging sewage into receivers are made of special durable materials. If a residential buildings or some other buildings are not provided with these structures, then the protective coastal strip will suffer. In this case, fines will be imposed on or the enterprise.

Penalties in case of violation of the water protection regime

Penalties for improper operation of protected areas:

  • for citizens - from 3 to 4.5 thousand rubles;
  • for officials - from 8 to 12 thousand rubles;
  • for organizations - from 200 to 400 thousand rubles.

If violations are found in the sector of private housing development, then a fine is issued to the citizen, and his expenses will be small. If a violation is found, it must be eliminated within the allotted time. If this does not happen, then the building is demolished, including forcibly.

In case of violations in the protection zone where drinking sources are located, the amount of the fine will be different:

  • citizens will contribute 3-5 thousand rubles;
  • officials - 10-15 thousand rubles;
  • enterprises and organizations - 300-500 thousand rubles.

Scale of the problem

The coastal protection zone of a water body must be operated within the framework of the law.

After all, one polluted lake or reservoir can become a serious problem for an area or region, since everything in nature is interconnected. The larger the body of water, the more complex its ecosystem. If the natural balance is disturbed, it can no longer be restored. The extinction of living organisms will begin, and it will be too late to change and undertake something. Serious violations of the environment of water bodies can be avoided with a competent approach, in compliance with the law, with careful attention to the natural environment.

And if we talk about the scale of the problem, then this is not a question of all mankind, but a reasonable attitude to the nature of each individual person. If a person treats with understanding the riches that the planet Earth has given him, then future generations will be able to see clean, transparent rivers. Scoop up water with your palm and ... try to quench your thirst with water that is impossible to drink.


[Water Code of the Russian Federation] [Chapter 6] [Article 65]

1. Water protection zones are territories that are adjacent to the coastline of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for the implementation of 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 corresponding coastline, and the width of the water protection zone of the seas and the width of their coastal protective strip - 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 or 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 coastline.

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, burial sites for industrial and consumer 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. With regard to the territories of horticultural, gardening or dacha non-profit associations of citizens located within the boundaries of water protection zones and not equipped with wastewater treatment facilities, until they are equipped with such facilities and (or) connected to the systems specified in clause 1 of part 16 of this article, it is allowed the use of receivers made of waterproof materials that prevent the entry of pollutants, other substances and microorganisms into the environment.

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

1) plowing of land;

2) placement of dumps of eroded soils;

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

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


1 comment on the entry “Article 65 Water Code of the Russian Federation. Water protection zones and coastal protection strips”

    Article 65

    Commentary on Article 65

    1. general review articles. The article includes 18 parts that establish the features of such elements of the legal regime of water protection zones and protective coastal strips as features of the object-carrier of the regime, regime restrictions and the boundaries of their action in space.
    Part 1 contains the definition and objectives of establishing a special regime for the implementation of activities within the boundaries of water protection zones.
    Part 2 provides for a specific type of zoning of water protection zones (in the form of coastal protective strips), as well as the possibility of introducing additional restrictions within the boundaries of coastal protective strips.
    Parts 3 - 10 establish requirements for the size of water protection zones and the rules for determining their boundaries. At the same time, part 7 contains a reference rule to federal law dated 05/01/1999 N 94-FZ "On the protection of Lake Baikal".
    ———————————
    SZ RF. 1999, N 18. Art. 2220.

    Parts 11 - 14 establish requirements for the size of coastal protective strips and the rules for determining their boundaries.
    Part 15 contains a list of regime restrictions within the boundaries of water protection zones, and part 16 establishes permissible types of impact within their boundaries, as well as the conditions for the legality of such impact.
    Part 17 contains a list of additional regime restrictions within the boundaries of coastal protective strips, the possibility of which is provided for in part 2 of the commented article.
    In accordance with Part 18, the Government of the Russian Federation is vested with the right to establish the procedure for establishing the boundaries of water protection zones and coastal protective strips on the ground. Accordingly, the Government of the Russian Federation has the right to independently determine the subjects obliged to establish such boundaries on the ground.
    2. Purposes, scope and addressees of prescriptions.
    The purpose of the article is to provide increased protection of water bodies from adverse impacts by introducing additional restrictions and prohibitions in the territories adjacent to such objects.
    The scope of the article is extremely wide, since it concerns all water bodies on the territory of the Russian Federation.
    Therefore, the addressees of the article are an indefinitely wide circle of people who permanently or temporarily use the territories adjacent to water bodies. The special addressee of the article is the Government of the Russian Federation, which, in turn, has the right to determine the circle of persons obliged to establish the boundaries of the zones on the ground provided for by the article. In accordance with paragraph 3 of the Rules for establishing the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies, these include bodies state power subjects of the Russian Federation, the Federal Agency for Water Resources and its territorial bodies.
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    3. Basic concepts. They are the terms, the meaning of which was disclosed above (“coastline”, “sea”, “river”, “canal”, “stream”, “lake”, “reservoir” - see commentary to Article 5; “water area” , "water body", "water depletion" - see the commentary to Article 1; "habitat of the animal and plant world" - see the commentary to Article 3). Specific to the commented article are such concepts as “water protection zone”, “coastal protective strip”, “canal right of way”, “ locality”, “storm sewer”, “embankment”, “parapet”, “a water body of particular valuable fishery importance”.

    3.1. Water protection zone. The word zone (from the Greek swvn - belt) denotes an area, region, belt or strip that has a certain quality feature.
    ———————————
    Great Soviet Encyclopedia (in 30 volumes) / Ch. ed. A.M. Prokhorov. M.: Soviet Encyclopedia, 1972. T. 9. S. 572.

    The establishment of various kinds of zones in environmental legislation is one of the ways of territorial protection by allocating sites with special conditions for use (see, for example, articles 48 and 49 of the Federal Law N 166-FZ “On Fishing and Conservation of Aquatic Biological Resources”). Zoning is used to establish different legal regimes for areas of space that, prior to the establishment of zones, had a homogeneous legal regime (for example, the allocation of functional zones within national parks). The essence of zoning for environmental purposes is, as a rule, the establishment within the zones of restrictions on activities that are more stringent than in adjacent areas of space (for example, sanitary protection zones, buffer zones of specially protected natural areas etc.). Establishment of zones means the establishment of spatial and temporal limits on the effect of restrictions on economic or other activities.
    ———————————
    See more: Commentary on the Federal Law of December 20, 2004 N 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" / Ed. O.L. Dubovik. M., 2011.
    Since natural complexes are very different in terms of the set of components (mountains, forests, tundra, etc.), here we mean homogeneity on a certain legal basis, and not homogeneity in general. — Approx. ed.

    Accordingly, various kinds of zones (as well as belts) established for environmental purposes are a special case of specially protected areas. Hence, necessary elements of the legal regime of nature protection zones are regime restrictions (regime of special protection), spatial and, if necessary, temporal boundaries of the restrictions.
    ———————————
    For more information on specially protected areas, see: UN General Assembly. Sixty-second session. Item 79 (a) of the provisional agenda. World ocean and maritime law. Report of the Secretary General. Addendum. A/62/66/Add.2 (Russian). pp. 41 - 42; Educational and practical commentary on the land legislation of the Russian Federation / Ed. O.L. Dubovik. M.: Eksmo, 2006. S. 481 - 482; Kalenchenko M.M. Legal regime Territorial Protection of the Marine Environment / Ed. O.L. Dubovik. M.: Gorodets, 2009. S. 57 - 65.

    In accordance with part 1 of the commented article, water protection zones are territories that are adjacent to the coastline of certain water bodies (seas, rivers, streams, canals, lakes, reservoirs) and on which a special regime for economic and other activities is established. A special mode of activity is established for the following purposes:
    - prevention of pollution, clogging, siltation of these water bodies;
    — prevention of depletion of their waters;
    — preservation of the habitat of aquatic biological resources and other objects of the animal and plant world.
    Water protection zones are established only for water bodies expressly provided for in the commented article, namely: seas, watercourses (rivers, streams, canals) water bodies (lakes, reservoirs, ponds). The action of the commented article, obviously, does not apply to swamps, natural outlets groundwater, glaciers and snowfields, as well as groundwater bodies.
    Regime restrictions in water protection zones are provided for by part 15 of the commented article and include prohibitions on:
    1) use of wastewater for soil fertilization;
    2) placement of cemeteries, animal burial grounds, burial sites for industrial and consumer waste, chemical, explosive, toxic, toxic and poisonous substances, radioactive waste disposal sites;
    3) implementation of aviation measures to combat pests and plant diseases;
    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.

    Summary of Definition Rules
    width of water protection zones

    water body

    Water protection
    zone, m Boundary measured Coastal protective
    lane (m) at
    outside
    inhabited
    points
    in populated
    point zero
    or
    reverse
    slope
    =3

    Sea
    500 lines
    greatest
    tide parapet
    (in the presence of
    storm
    sewers),
    and with him
    absence -
    from the coastal
    lines

    50
    Lake 50 coastal
    lines
    Reservoir
    not on
    watercourse 50

    Reservoir
    on a watercourse equals
    width
    water protection
    watercourse zones
    Lake,
    reservoir,
    having a special
    valuable fish
    economic
    value set to
    compliance
    with the legislator
    about
    fisheries

    200 regardless
    bias
    Channel equals width
    right-of-way
    30
    40
    50
    Source
    watercourse within a radius
    50 m undefined within 50 m radius
    watercourse
    length, km<10 =50 береговой
    parapet lines (with
    availability
    storm
    sewers),
    and with him
    absence -
    from the coastal
    lines
    30
    40
    50
    River, stream 50 00 00
    Watercourse in
    borders
    swamps
    50
    50

    ———————————
    Water protection zones are not established for rivers (their parts) placed in closed collectors.
    For any lakes, reservoirs, with the exception of reservoirs located on watercourses. For lakes, reservoirs with an area of ​​less than 0.5 sq. km, the water protection zone, obviously, is not established.
    The width of the coastal protective strip is equal to the width of the water protection zone and is 50 m, regardless of the slope.

    It should be noted that the boundaries of water protection zones may coincide in space with specially protected areas provided for by land, water legislation, legislation on wildlife, aquatic biological resources and the preservation of their habitat.
    For example, in accordance with the Rules for establishing fish protection zones, the boundaries of the latter coincide with the boundaries of the water protection zones themselves. However, in accordance with paragraph 14 of these Rules, the rules for establishing the width of the fish protection zones of ponds, flooded quarries that have a hydraulic connection with rivers, streams, lakes, reservoirs and seas (50 m) are also defined. The Federal Agency for Fisheries is authorized to establish fish protection zones and mark them on the ground. The rules for marking on the ground are approved by the relevant order of the Federal Agency for Fisheries. Fish protection zones, unlike water protection zones, are not created by default (by virtue of the law), but on the basis of the issuance of a relevant act by an authorized body.
    ———————————
    Decree of the Government of the Russian Federation of October 6, 2008 N 743 “On approval of the Rules for establishing fish protection zones” // SZ RF. 2008. N 41. Art. 4682.
    Order of the Federal Agency for Fishery of December 15, 2008 N 410 “On approval of the procedure for establishing the boundaries of fish protection zones on the ground” // BNA RF. 2009. No. 5.
    See, for example: Order of the Federal Agency for Fishery dated November 20, 2010 N 943 “On the establishment of fish protection zones of the seas, the coasts of which are wholly or partly owned by the Russian Federation, and water bodies of fishery importance in the Republic of Adygea, Amur and Arkhangelsk regions” (not published).

    Due to the special significance of Lake Baikal as a World Heritage Site, its legal regime and status is regulated by Federal Law No. 94-FZ of May 1, 1999 “On the Protection of Lake Baikal” and the regulatory legal acts adopted in its execution. Part 7 of the commented article refers to the specified normative acts in terms of establishing the width of the water protection zones of a given water body. According to part 1 of Art. 2 of the said Law, the Baikal natural territory includes Lake Baikal, its water protection zone adjacent to Lake Baikal, its catchment area within the territory of the Russian Federation, specially protected natural areas adjacent to Lake Baikal, as well as the territory up to 200 kilometers wide adjacent to Lake Baikal west and northwest of it. Nature management within the boundaries of the Baikal natural territory is carried out in accordance with zoning into the central ecological zone (the most severe restrictions), the buffer ecological zone and the ecological zone of atmospheric influence.
    ———————————
    SZ RF. 1999. N 18. Art. 2220.

    The central ecological zone includes Lake Baikal itself with islands, its water protection zone, as well as specially protected natural areas adjacent to Lake Baikal. We were unable to find any special regulations regarding the width of the water protection zone, therefore they are determined according to the general rules of the commented article, that is, it is 50 m. 08/30/2001 N 643 "On approval of the list of activities prohibited in the central ecological zone of the Baikal natural territory" and is more stringent than provided for in the commented article. In addition, the effect in space of the restrictions provided for by the said Decree is much broader than the effect in space of the restrictions provided for by the regime of the water protection zone.
    ———————————
    SZ RF. 2001. N 37. Art. 3687.

    3.2. Coastal protection zone. Within the meaning of parts 1 and 2 of the commented article, a coastal protection zone is a part of a water protection zone, within the boundaries of which additional restrictions have been introduced, in comparison with a water protection zone.
    Restrictions within the boundaries of the coastal protective strip are provided for by part 17 of the commented article and include such prohibitions as a ban on:
    - plowing of land;
    — placement of dumps of eroded soils;
    — grazing farm animals and organizing summer camps and baths for them.
    In accordance with paragraph 8 of Art. 27 of the Land Code of the Russian Federation prohibits the privatization of land plots "within the coastline" established in accordance with the Water Code of the Russian Federation.
    A summary of the rules for determining the width of coastal protection strips is presented in the table below.
    3.3. Channel right of way. Today, there are building rules that establish the procedure for determining and the width of reclamation canals, depending on many factors. In most cases, the actual right-of-way width of existing canals is set in accordance with the design documentation and varies greatly depending on the type of canal design (cut, semi-cut, fill or semi-fill) and its capacity. For example, land allocation norms for reclamation canals SN 474-75 establish the procedure for determining the width for reclamation canals with a capacity of not more than 10 cubic meters. m/s.
    ———————————
    See, for example: Norms of land acquisition for reclamation canals SN 474-75.

    The following data can be used as approximate guidelines for channels with a capacity of not more than 10 m 3 / s.

    Right-of-way width for reclamation canals

    drainage canals,
    passing through:
    Bottom width, m Right-of-way width in
    perpetual use, m
    min max min max
    excavation

    semi-dredging

    semi-mounds

    embankments 0.4

    As follows from the table, the width of the water protection zone of such canals will be from 17 to 45 m. completely coincide with the water protection zone or exceed it in size.
    The width of the land allotment strips for canals with a water capacity of more than 10 cubic meters. m / s, canals developed by the explosive method, as well as passing in areas prone to landslides and mudflows, and in settlements should be determined by projects approved in the prescribed manner.
    3.4. Locality. This is a populated place (settlement), the primary unit of human settlement within one built-up land plot (city, urban-type settlement, village, etc.). An obligatory sign of a settlement is the constancy of its use as a habitat, year-round or seasonally.
    ———————————
    Soviet encyclopedic dictionary. M.: Sov. encyclopedia, 1984. S. 861.

    3.5. Storm sewer. Sewerage refers to the disposal of domestic, industrial and waste water. A complete list of terms and definitions related to sewerage is fixed GOST 25150-82, however, the concept of "storm sewer" itself is not disclosed in it. To clarify the content of this concept, let's turn to the Territorial building codes of the Moscow region. Within the meaning of Section 4 of the said Territorial Building Codes, storm sewerage can be understood as the removal of three types of surface runoff (rain, snowmelt and irrigation), which is formed in built-up areas as a result of precipitation and the operation of road surfaces. Such sewerage should also provide for the possibility of receiving drainage water from associated drainage systems, heating networks, common collectors of underground utilities, as well as unpolluted wastewater from industrial enterprises.
    ———————————
    GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M .: Publishing house of standards, 1974. S. 3.
    GOST 25150-82. Sewerage. Terms and Definitions.
    Territorial building codes. Rain sewer. Organization of the collection, treatment and discharge of surface runoff (TSN DK-2001 of the Moscow Region (TSN 40-302-2001) (put into effect by the order of the Minmosoblstroy dated 30.07.2001 N 120 "On the implementation of the Territorial building codes of the Moscow region (TSN DK 2001 MO )").

    3.6. Embankment. This is a fencing or protective structure along the coastal strip. From the point of view of hydraulic engineering, embankments are wave-breaking walls constructed to protect coastal ledges, including the subgrade of coastal railways and highways, from waves. Such walls are sometimes called retaining-wave-breaking. Wave walls are allowed, if possible, to be erected under the protection of the beach with a width sufficient to dampen design waves, in combination with groins or breakwaters. When designing wave walls, the recommendations of the current building codes and rules for the design of retaining walls should be taken into account.
    ———————————
    GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M .: Publishing house of standards, 1974. S. 13.
    SP 32-103-97. Design of marine coastal protection structures. Moscow: Transstroy, 1998.

    Embankments, as bank protection, protective, regulatory and fencing structures, are designed taking into account the possibility of their use for national economic and social purposes (as mooring, transport and other engineering structures, for mass recreation of the population and sports and recreational activities).
    ———————————
    See: SNiP 2 June 01-86. Hydraulic structures. Basic design provisions. Moscow: State Construction Committee, 1987.

    3.7. Parapet. The word "parapet" (French parapet, Italian parapetto) in Russian means a low solid wall running along the edge of a roof, terrace, balcony, along an embankment, a bridge (as a barrier); on the crest of a dam, pier, dam, in shipping locks. In construction, it can also denote a separate element of these structures. For the purposes of the commented article, a parapet should be understood as a fence running along the embankment.
    ———————————
    Soviet encyclopedic dictionary. M.: Sov. encyclopedia, 1984. S. 964.
    See, for example: GOST 23342-91. Architectural and building products made of natural stone. Specifications. M.: Publishing house of standards, 1992. 9 p.

    3.8. The slope of the shore of the water body. The concept of "slope" is very widespread in technical, natural sciences, normative acts in the field of technical regulation. In geodesy, they are operated on to describe the terrain. From the point of view of geodesy, the slope (also slope) is an indicator of the steepness of the slope, that is, "the ratio of the elevation of the terrain to the horizontal extent over which it is observed." For example, a slope of 0.015 corresponds to a rise of 15 m per 1000 m of distance.
    ———————————
    See, for example: VSN 163-83. Accounting for deformations of river beds and banks of reservoirs in the zone of underwater crossings of main pipelines (oil and gas pipelines). http://www.complexdoc.ru/ntdtext/487968 ; VSN 3-80. Instructions for the design of offshore berthing structures.
    Soviet encyclopedic dictionary. M.: Sov. encyclopedia, 1984. S. 1372.

    When designing infrastructure facilities, information about slope angles (longitudinal and transverse) at the place of their intended location should be included in the design documentation (clause 34 of the Regulations on the composition of sections of design documentation and requirements for their content).
    ———————————
    Decree of the Government of the Russian Federation "On the composition of sections of project documentation and requirements for their content" dated February 16, 2008 N 87 // СЗ RF. 2008. N 8. Art. 744.

    The slope angle is measured during topographic work, as a rule, by the method of trigonometric (geodesic) leveling. It should be assumed that for the purposes of this article, the angle of the transverse slope is to be taken into account.
    3.9. A water body of special valuable fishery importance. The fishery fund of inland freshwater reservoirs of Russia includes 22.5 million hectares of lakes, 4.3 million hectares of reservoirs, 0.96 million hectares of agricultural reservoirs for complex purposes, 142.9 thousand hectares of ponds and 523 thousand km of rivers. In addition, the Russian Federation also has a long line of sea coast (about 60 thousand km).
    ———————————
    See: point 2.1 of the Strategy for the development of aquaculture in the Russian Federation for the period up to 2020 (approved by the Ministry of Agriculture of the Russian Federation on September 10, 2007).

    For the purpose of reproduction, conservation and rational use of aquatic biological resources, objects of fishery importance in accordance with paragraph 2.1.2 of the Model Rules for the Protection of Surface Waters are divided into three categories: the highest, the first and the second.
    ———————————
    Model rules for the protection of surface waters (approved by the State Committee for Nature Protection on 21.02.1991).

    The highest category includes the locations of spawning grounds, mass feeding and wintering pits of especially valuable and valuable species of fish and other commercial aquatic organisms, as well as protected zones of farms of any type engaged in artificial breeding and rearing of fish, other aquatic animals and plants.
    The first category includes water bodies used for the conservation and reproduction of valuable fish species that are highly sensitive to oxygen content.
    The second category includes water bodies used for other fishery purposes.
    ———————————
    For more details, see: Khalchansky S.A. Commentary on Article 51 // Commentary on the Water Code of the Russian Federation / Ed. O.L. Dubovik. M .: Eksmo, 2007. S. 282 - 283.

    4. Development of legislation. The establishment of water protection zones (bands) for the purposes similar to those provided for in part 2 of the commented article was provided for by Article 91 of the Water Code of the RSFSR of 1972. The content of restrictions was not provided for by this Code, since the rights to determine the procedure for their establishment and use were delegated to the Council of Ministers of the RSFSR, unless otherwise was not provided for by the legislation of the USSR. In accordance with Article 99 of this Code, in order to maintain a favorable water regime of rivers, lakes, reservoirs, groundwater and other water bodies, to prevent water erosion of soils, siltation of water bodies, deterioration of living conditions for aquatic animals, to reduce runoff fluctuations, etc. it was also envisaged to establish water protection zones of forests.
    The Water Code of the Russian Federation of 1995 (Article 111) differentiated between the concepts of water protection zones and coastal protection zones. The content of these concepts, within the meaning of the 1995 CC RF, corresponds to the modern understanding, taking into account the fact that the commented Code more clearly defines the features of their legal regime. This is especially true of regime restrictions, which are enshrined in the current VK RF by law, and not by by-laws of the Government of the Russian Federation.
    Changes were made to the commented article once, but several parts were affected at once. Thus, in accordance with paragraph 19 of Article 1 of Federal Law No. 118-FZ dated July 14, 2008 “On Amendments to the Water Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, the following changes were made to Article 65: 3; part 6 is supplemented with a new proposal; in part 14 the word "settlements" is replaced by the words "settlements"; from part 16 the word "accommodation" is excluded; part 18 is set out in a new edition.
    ———————————
    SZ RF. 2008. N 29 (part 1). Art. 3418.

    The essence of the changes introduced in part 3 was the need to reflect the characteristics of the seas as specific water bodies. In the previous edition, the boundary of buffer zones and strips for all water bodies outside settlements was determined along the coastline. In accordance with the current version, the boundary of the protected zones (bands) of the seas is measured from the line of maximum tide.
    Prior to amendments to Part 6, the width of the protection zones (bands) of reservoirs was fixed at 50 m. In accordance with the current version, the width of such a zone (band) of a reservoir must correspond to the width of similar zones for the watercourse on which the reservoir is organized. For example, if the Kuibyshev reservoir (Volga River) had a water protection zone 50 m wide before the changes were made, now it should be 200 m due to part 4 of the commented article.
    The change in Part 14 (replacing the word "settlement" with the words "settlement") is recognized to distinguish between such concepts as "place where people live" (settlement) from "one of the territorial units of local self-government" (settlement).
    ———————————
    See: Part 1 of Art. 2 of the Federal Law of October 6, 2003 N 131-FZ "On the general principles of organizing local self-government in the Russian Federation" // SZ RF. 2003. N 40. Art. 3822.

    The exclusion of the word “accommodation” from part 16 of the commented article is also connected, in our opinion, with bringing regulatory legal acts in line with the Town Planning Code of the Russian Federation of December 29, 2004 N 190-FZ, which fixes and systematizes the rules of territorial zoning.
    ———————————
    SZ RF. 2005. N 1 (part 1). Art. sixteen.

    The original version of part 18 of the commented article contained a reference to land legislation in terms of determining the procedure for fixing the boundaries of protected zones (bands). In the current wording, the powers to establish the procedure for fixing borders are delegated to the Government of the Russian Federation.
    5. Relationship with other articles. The provisions of the commented article are applied insofar as it does not contradict the rules for protection against pollution of swamps (Article 57), glaciers and snowfields (Article 58), protection of underground water bodies (Article 59), protection of forests (Article 63), as well as the provision of Article 49 of the commented Code regarding the protection of water bodies containing medicinal water resources, zones of special (Article 34) and sanitary protection (Part 2 of Article 43) sources of drinking and domestic purposes (see commentary to them).
    6. The procedure for establishing boundaries. In accordance with part 18 of the commented article, the Government of the Russian Federation is vested with the authority to determine the procedure for establishing water protection zones and coastal protective strips on the ground. In accordance with its powers, the Government of the Russian Federation adopted the relevant Rules.
    ———————————
    Decree of the Government of the Russian Federation of 10.01.2009 N 17 “On approval of the Rules for establishing on the ground the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies” // SZ RF. 2009. N 3. Art. 415.

    According to the Rules, the establishment of boundaries is aimed at informing citizens and legal entities about the special regime for carrying out economic and other activities within the boundaries of water protection zones and about additional restrictions on economic and other activities within the boundaries of coastal protective strips (clause 2).
    In accordance with paragraph 4 of these Rules, the establishment of the boundaries of the water protection zone and the width of the coastal protective strip for each water body on the ground includes:
    a) determination of the width of the water protection zone and the width of the coastal protective strip;
    b) description of the boundaries of the zone (strip), their coordinates and reference points;
    c) display of borders on cartographic materials;
    d) establishing boundaries on the ground, including through the placement of special information signs.
    Information about the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies, including cartographic materials, is submitted within a month to the Federal Agency for Water Resources for inclusion in the state water register (see commentary to Article 31).
    The authority to establish boundaries on the ground vested in state authorities.
    Firstly, the Federal Agency for Water Resources in relation to all objects, the relevant powers in respect of which have not been transferred to the state authorities of the constituent entities of the Russian Federation. In particular, these are the seas and (or) their parts, reservoirs that are completely located on the territories of the corresponding constituent entities of the Russian Federation and the use of water resources of which is carried out to ensure drinking and household water supply to 2 or more constituent entities of the Russian Federation according to the list.
    ———————————

    Secondly, the state authorities of the constituent entities of the Russian Federation to the extent of the powers granted to them.
    These state authorities are obliged to ensure the placement of special information signs along the entire length of the boundaries of water protection zones and coastal protective strips of water bodies at characteristic points of the relief, as well as at the intersections of water bodies with roads, in recreation areas and other places of mass stay of citizens and the maintenance of these signs in proper condition (clause 6 of the Rules). Samples of special signs are approved by Order of the Ministry of Natural Resources of the Russian Federation of August 13, 2009 N 249 “On approval of samples of special information signs to mark the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies”.
    ———————————
    BNA RF. 2009. No. 43.

    Land owners, landowners and land users of land plots, whose land plots are subject to the regime of water protection zones and coastal protective strips, are obliged to ensure unimpeded access of representatives of authorized state authorities in order to place special information signs on the respective land plots and maintain them in proper condition.
    ———————————
    Selected by us. From the wording of paragraph 7 of these Rules (“land plots on the lands of which there are water protection zones and coastal protective strips of water bodies”), it is assumed that the indicated zones (strips) are located on the land plots. However, physically indicated zones (bands) are not located on the sites. Land plots subject to regime restrictions may be part of land of various categories with their own legal regime. The restrictions provided for in the commented article are legally established rules that operate within certain boundaries, regardless of the legal regime of lands and land plots. For more details, see: Krassov O.I. Land law: Proc. M.: Yurist, 2007. S. 120 - 122.

    The list of reservoirs, the boundaries of water protection zones and coastal protective strips are established by the Federal Agency for Water Resources and its territorial bodies.
    ———————————
    Decree of the Government of the Russian Federation of December 31, 2008 N 2054-r “On approval of the List of reservoirs that are completely located on the territories of the corresponding constituent entities of the Russian Federation and the use of water resources of which is carried out to ensure drinking and household water supply to two or more constituent entities of the Russian Federation” // СЗ RF. 2009. N 2. Art. 335.

    N Reservoir name Location
    1. Belgorod reservoir Belgorod region
    2. Boguchanskoe reservoir Krasnoyarsk region, Irkutsk region
    3. Borisoglebsk reservoir Murmansk region
    4. Bratsk reservoir, Irkutsk region
    5. Bureyskoye reservoir Khabarovsk Territory, Amur Region
    6. Vazuz reservoir Smolensk region, Tver region
    7. Velyevskoe reservoir Novgorod region
    8. Upper Volga reservoir Tver region
    9. Verkhne-Ruzskoe reservoir, Moscow region
    10. Upper Svir reservoir
    shche (river part) Leningrad region
    11. Vilyui reservoir Republic of Sakha (Yakutia), Irkutsk region
    12. Volgograd reservoir Volgograd region, Saratov region
    13. Volkhov reservoir Leningrad region, Novgorod region
    14. Votkinsk reservoir Udmurt Republic, Perm region
    15. Vyshnevolotsk reservoir Tver region
    16. Gorky reservoir Ivanovo region, Kostroma region,
    Nizhny Novgorod region, Yaroslavl region
    17. Egorlyk reservoir Stavropol Territory
    18. Zeya reservoir Amur region
    19. Ivankovskoe reservoir Moscow region, Tver region
    20. Ikshinskoe reservoir Moscow region
    21. Iovskoe reservoir Republic of Karelia, Murmansk region
    22. Iremel reservoir Republic of Bashkortostan, Chelyabinsk
    region
    23. Iriklinskoe reservoir Orenburg region
    24. Irkutsk reservoir Irkutsk region
    25. Istra reservoir Moscow region
    26. Kaitakoski reservoir Murmansk region
    27. Kama reservoir Perm region
    28. Klyazma reservoir Moscow region
    29. Knyazhegubskoe reservoir Republic of Karelia, Murmansk region
    30. Kolyma reservoir Magadan region
    31. Krasnodar reservoir Republic of Adygea, Krasnodar Territory
    32. Krasnoyarsk reservoir Republic of Khakassia, Krasnoyarsk Territory
    33. Kuban (Big)
    reservoir Karachay-Cherkess Republic
    34. Kuibyshev reservoir Republic of Mari El, Republic of Tatarstan,
    Chuvash Republic, Samara region,
    Ulyanovsk region
    35. Kursk reservoir Stavropol Territory
    36. Lesogorsk reservoir Leningrad region
    37. Mainskoye Reservoir Republic of Khakassia, Krasnoyarsk Territory
    38. Mikhailovskoye reservoir Kursk region, Oryol region
    39. Mozhayskoe reservoir Moscow region
    40. Narva reservoir Leningrad region
    41. Nizhnekamsk reservoir Republic of Bashkortostan, Republic
    Tatarstan, Udmurt Republic
    42. Novosibirsk Reservoir Altai Territory, Novosibirsk Region
    43. Novo-Troitskoye reservoir Stavropol Territory
    44. Nyazepetrovsk reservoir Chelyabinsk region
    45. Ozerninsky reservoir Moscow region
    46. ​​Pestovskoye reservoir Moscow region
    47. Pravdinskoe reservoir
    (HPP-3) Kaliningrad region
    48. Proletarian reservoir Republic of Kalmykia, Stavropol Territory,
    Rostov region
    49. Pronskoye reservoir Ryazan region, Tula region
    50. Pyalovskoe reservoir Moscow region
    51. Rayakoski reservoir Murmansk region
    52. Rublevskoe reservoir Moscow region
    53. Ruza reservoir Moscow region
    54. Rybinsk reservoir Vologda region, Tver region,
    Yaroslavskaya oblast
    55. Saratov reservoir Samara region, Saratov region,
    Ulyanovsk region
    56. Sayano-Shushenskoe reservoir

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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Clarification of the client

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

    • Lawyer, Saint Petersburg

      Chat

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

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

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

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

      Lawyer, Saint Petersburg

      Chat

      1. This means that 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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      Clarification of the client

      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

      Chat

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

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

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

      i. i.jpg jpg

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    • Lawyer, Saint Petersburg

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      One more question, if possible. Is the boat station located on the water or on the public foreshore? And if the protective zone of water bodies, then where is it on the water or on land? On the water it will be pantone.
      Tatyana

      The coastline is on the shore, not on the water.

      The provision of water bodies for use is carried out in accordance with Chapter 3 of the Water Code, and the cases of provision are contained in Art. 11 VK RF

      Article 11

      1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water 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 a personal subsidiary farm, as well as a watering place, carrying out work to care for farm animals;

      17) bathing and meeting other personal and domestic needs of citizens in accordance with Article 6 of this Code;

      18) carrying out dredging and other works in the water area of ​​a sea or river port, as well as maintenance of inland waterways of the Russian Federation;

      19) creation of artificial land plots.

      4. The provision of water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out, respectively, by the executive bodies of state power and local governments in within their powers in accordance with Articles 24 - 27 of this Code.

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

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

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

    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.

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

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

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

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

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

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

    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).

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

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

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

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

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

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

    3) implementation of aviation pest control measures;

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

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

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

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

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

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

    7) discharge of sewage, including drainage, water;

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

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

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

    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;

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