River bank area. What is the difference between a public coastal strip and a coastal protective strip for water use?

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 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:

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

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;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 5

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;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 6

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

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 7

7) discharge of wastewater, including drainage water;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 8

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-I “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 designed 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;

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.

(as amended by Federal Law dated July 13, 2015 N 244-FZ)

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

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.

(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 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 dated July 14, 2008 N 118-FZ, dated December 7, 2011 N 417-FZ, dated July 13, 2015 N 244-FZ)

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

1) use of wastewater to regulate soil fertility;

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

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

(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 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;

(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 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 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 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 designed to receive such water;

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 No. 17 “On approval of the Rules for establishing on the ground the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies” Art. 2:

The establishment of boundaries is aimed at informing citizens and legal entities about the special regime for carrying out economic and other activities in order to prevent pollution, clogging, siltation of water bodies and depletion of their waters, 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 shoreline of a public water body is in accordance with Part 6 of Art. 6 VK RF:

6. A strip of land along the coastline (border of a water body) of a public water body (shore strip) is intended for public use. The width of the shoreline 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 no more than ten kilometers. The width of the shoreline of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers, is five meters.

7. The coastal strip 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 mechanical vehicles) the shoreline of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating craft.

That is, the coastal protective strip is established with the aim of limiting certain types of economic activities that may cause damage to water bodies, and the coastal strip of a public water body is established with the aim of ensuring the rights of citizens to access water bodies that are in state or municipal ownership.

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, 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.

The width of the coastal strip is 20 m for all objects, with the exception of the coastal strip of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers - for them it is 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 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.

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

If a coastal protective strip is provided for use, the persons to whom it is provided cannot restrict citizens’ access to the water body

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Client clarification

And read well the resolutions of the Russian government dated December 3, 2014. No. 1300 in this resolution, each point can be considered separately. Can you have your opinion?

    • Lawyer, Saint Petersburg

      Chat

      I looked and listed objects for placement without the provision of land ownership in accordance with Art. 39.36 Land Code. What specific question needs clarification?

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      Client clarification

      1- the very concept of the title 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- clause 10, clause 14, clause 16, clause 18, clause 20, clause 21 and clause 19, I understand this is provided for organizations servicing recreation areas of the population and further in the text.

      And based on this resolution, we issued a decision to a person that he was taking a decent amount of land for personal use. And the rest, by verbal agreement, allows them to stand, that is, small vessels. How to be

      Lawyer, Saint Petersburg

      Chat

      1. This means that for the placement of objects listed in the specified List, it is not necessary to provide the site to citizens and legal entities on the right of ownership, lease... does not require the registration of an easement, but rather only obtaining permission from an authorized government body. In accordance with Part 3 of Art. 39.36 Land Code

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

      There should be such a legal act in your region and there should also be a reference to it when issuing such a permit.

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

      3. In accordance with Part 2 of Art. 6 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 and other federal laws.

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

      If the answer to your question was helpful, please leave a +

      Sincerely, Alexander Nikolaevich!

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      Client clarification

      Lawyer, Saint Petersburg

      Chat

      But it completely takes away the mouth of the river that creates the sea and does not allow a small vessel to take off. What to do
      Tatiana

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

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      Client clarification

      Another question: I own a plot of land according to the law, 20 meters of the coastline, I retreated, but the same person wants to make a boat station there for personal use. What will this look like from a legal point of view?

      Client clarification

      Client clarification

      Lawyer, Saint Petersburg

      Chat

      Another question: I own a plot of land according to the law, 20 meters of the coastline, I retreated, but the same person wants to make a boat station there for personal use. This is what it will look like from a legal point of view
      Tatiana

      If the land plot is your property, then executive authorities and local governments cannot issue permission to install 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 protective strip of water bodies? Before this conversation they told me that no. Articles 6 and 65 are different
      Tatiana

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

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

      i. i.jpg jpg

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    • Lawyer, Saint Petersburg

      Chat

      If I may ask one more question. Is the boat station located on the water or on a public shoreline? And if there is a protective strip of water bodies, then where is it on the water or on land? On the water it will be pantone.
      Tatiana

      The foreshore 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 cases of provision are contained in Art. 11 VK RF

      Article 11. Provision of water bodies for use on the basis of a water use agreement or a decision to provide a water body for use

      1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, and 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) use of water bodies without abstraction (withdrawal) of water resources for the purpose of producing electrical energy.

      2. Based on decisions on the provision of water bodies for use, unless otherwise provided by Part 3 of this article, water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, and 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 wastewater, 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 by surface waters;

      5) construction of hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, and other linear objects, if such construction is associated with changes in the bottom and banks of water bodies;

      6) exploration and production of mineral resources;

      7) carrying out dredging, blasting, drilling and other work related to changing the bottom and banks of water bodies;

      8) raising sunken ships;

      9) rafting of wood in rafts and using purses;

      10) intake (withdrawal) of water resources for irrigation of agricultural lands (including meadows and pastures);

      11) organized recreation for children, as well as organized recreation for veterans, elderly citizens, and disabled people;

      12) intake (withdrawal) of water resources from surface water bodies and their discharge during aquaculture (fish farming).

      3. There is no requirement to conclude a water use agreement or make a decision to provide a water body for use if the water body is used for:
      1) navigation (including sea shipping), navigation of small vessels;

      2) performing a one-time takeoff and one-time landing of aircraft;

      3) withdrawal (withdrawal) of water resources from an underground water body, including water resources containing minerals and (or) being natural medicinal 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, environmental and (or) shipping releases (water discharges);

      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) carrying out geological research, as well as geophysical, geodetic, cartographic, topographical, hydrographic, diving work;

      10) fishing, hunting;

      11) implementation of traditional environmental 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 mineral resources, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains;

      16) watering garden, vegetable and dacha land plots, maintaining personal subsidiary plots, as well as watering places, carrying out work to care for farm animals;

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

      18) carrying out dredging and other work in the waters of a sea or river port, as well as work on the 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 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 executive bodies of state power and local government bodies in within the limits of their powers in accordance with Articles 24 - 27 of this Code.

  • 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 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 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 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 coastline.

    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 designed 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 of gardening, 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 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:

    Feedback form.

    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, in comparison with the previous document, the regime of the water protection zone was radically changed (from a legal point of view). More precisely, the size of coastal territories was greatly reduced. To understand what we are 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.

    The determination of the exact dimensions of water protection zones and coastal protective strips was carried out by the executive authorities of the Russian Federation. In certain cases they 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 of coastal areas is established by 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 executive authorities currently 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 New Code does not establish a water protection zone 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 are 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 the hydrobiological, sanitary, hydrochemical, and ecological state of lakes, rivers, reservoirs and seas, as well as the improvement of surrounding areas. This specialized regime consisted of prohibiting almost any activity in water protection zones.

    In such places it was not allowed to set up summer cottages and vegetable gardens, arrange parking for vehicles, or fertilize the soil. And most importantly, construction in the water protection zone was prohibited without approval from the competent authorities. Reconstruction of buildings, communications, mining, land work, and arrangement of dacha cooperatives were also prohibited.

    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, such concepts 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, and to preserve the ecological balance of coastal zones, since 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 the spontaneous mass development of the 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 previously, 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 for reservoirs and their coastal zones, and permission to build structures in these places will have a detrimental effect on the condition of nearby territories. The water protection zone of the reservoir is designed to protect the facility from pollution and 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 a global problem for the entire 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 the current problem of water protection facilities and the importance of complying with their regime, and also discussed the latest changes to the Water Code. I would like to believe that easing the rules regarding the protection of water bodies and adjacent areas will not lead to catastrophic consequences, and people will treat the environment wisely and with care. After all, a lot depends on you and me.

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