Whoever establishes the protection zones of water bodies. Water Code

18.10.2019

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Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

1 comment

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

The use of the water protection zone is regulated by law; private construction is allowed to be carried out in compliance with the established norms. The owner of a land plot located near various bodies of water has the right to build, observing construction restrictions.

The water protection zone of a water body has a special legal status; in order to avoid conflict situations, it is recommended that you first familiarize yourself with the current regulations.

The concept of a water protection zone

The current Water Code of the Russian Federation defines the concept of a protected area. In Art. 65 indicates that this land adjacent to the shore of the reservoir can be used for economic, construction and cultural purposes only subject to special conditions.

The law protects water bodies from pollution and damage, guarantees the safety of animals and plants located there. Preserving the existing natural balance, the RF VK determines the rules of use, punishment for violation of the adopted regulations and the rules for the use of the water protection zone.

In order to avoid troubles that may arise after the completion of construction and when issuing a certificate of ownership, violations of the law should be prevented. Obtaining a building permit or registering a home ownership will have to face unforeseen circumstances. The best option is prior approval and obtaining permission, rather than paying significant fines for proven violations.

The most serious option is when the developer receives an order to demolish the erected building, which can be extremely difficult to cancel. By law, the prohibition on construction in the coastal zone applies to 20 m from the water's edge. A nearby house or outbuildings can be demolished by a court order.

It is impermissible to install fences and other fences that prevent third parties from accessing the reservoir. Having fenced off a part of the coastal zone and creating additional inconveniences for citizens, the owner of the site will be forced to demolish it and pay a fine.

Do not forget that the liquidation work is paid by the violator, the funds from the guilty person are collected through enforcement proceedings.

Restrictions on construction in the water protection zone

Protection of the water protection zone is carried out in accordance with the established standards. The approved coastline is the starting point for all measurements regarding the building permit. The use of the coastal strip is limited to the implementation of various activities and depends on the distance from the source of the reservoir.

For example, the width of the strip on which it is not allowed to build, is for rivers:

if the source is less than 10 km, then 50 m should be retreated from the water's edge;
if 10-50 km, then construction cannot be carried out closer than 100 m;
if more than 50 km, then you need to retreat 200 m.

The calculation of the distance from the water in the case of lakes and other closed water storage facilities is carried out depending on the perimeter of the coastline and the surface area of the object. For example, if the lake is less than half a kilometer in size, then the water protection zone is located at 50 m. Such regulations apply to artificial and natural water resources. For the sea coast, the remoteness for building is much higher and is set at 500 m.

If the river has an insignificant length, less than 10 km, then the water protection zone coincides with the bank. An exception is made for activities directly near the source of a stream or small river. It will be necessary to retreat 50 m from the coast, otherwise the ban on construction near the water body will be violated.

Other restrictions on use in economic activities and living near the water protection zone the following applies:

inadmissibility of using wastewater for land reclamation and other agricultural needs. Since the land plot is located in the immediate vicinity of the reservoir, after irrigation and irrigation, wastewater enters the reservoir;
in the zone, the formation of animal burials, cemeteries or storage of industrial waste, especially of high toxicity, is unacceptable;
plowing of plots is not allowed. The coastline should not be exposed to heavy equipment, the formation of earth obstructions and other actions leading to soil erosion;
it is forbidden to graze livestock and arrange summer pens in the protective zone;
the movement of all types of transport, the formation of a spontaneous or planned parking is prohibited.

Under all existing restrictions, construction in compliance with the established rules is allowed by law. This will require additional permits and the introduction of equipment and devices for the protection of a nearby water body into the design documentation.

Good day!

The purpose of establishing a coastal protective strip is set out in the Decree of the Government of the Russian Federation of January 10, 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 strips 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, 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 protection zones.

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 (water body boundary) of a public water body (coastal strip) is intended for public use. The width of the coastal strip 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 coastal strip 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 coastal strip of bogs, 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 coastal strip of public water bodies for movement and stay around them, including for the implementation of recreational and sport fishing and the mooring of floating equipment.

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 in state or municipal ownership.

So, in accordance with Part 17 of Art. 65 VK RF:

17. Within the boundaries of coastal protection zones, 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 soil;
3) grazing farm animals and organizing summer camps and baths for them.

The width of the coastal strip is 20 m for all objects, except for the coastal strip of canals, as well as rivers and streams, the length of which from the source to the mouth is no 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 protection strip is set depending on the slope of the bank 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 wastewater lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protection strip is set at fifty meters.
13. The width of the coastal protection zone of a river, lake, reservoir of particularly valuable fisheries value (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters regardless of the slope of the adjacent lands.

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

In the case of granting a coastal protection 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 decree of the government of the Russian Federation from 03.12.14g. №1300 in this resolution, each item can be considered separately. Your opinion is possible.

Lawyer, St. Petersburg

Chat

I looked, listed objects for placement without providing a land plot in ownership in accordance with Art. 39.36 of the Land Code. What specific question needs to be clarified?

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Clarification of the client

1- the very concept of the title of this regulation, the replacement of which can be carried out on land 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 serving recreation areas of the population and further in the text.

And on the basis of this decree, we were given a decision to a person that he takes a decent size of land for personal use. And the rest on a verbal agreement allows them to stand and that is, small vessels. How to be

Lawyer, St. Petersburg

Chat

1. This means that for the placement of the objects listed in the specified List, it is not required to provide the site to citizens and legal entities on the basis of ownership, lease ... does not require registration of an easement, but only obtaining permission from the 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.

Your region must have such a regulation and it must also be referenced when issuing such a permit.

2. The placement of these objects must 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 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 on this fact. If the prosecutor's office finds violations, the perpetrators will be held accountable.

If the answer to your question was helpful, please post +

Best regards, Alexander Nikolaevich!

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Lawyer, St. Petersburg

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But the mouth of the river completely takes it into the sea and does not allow a small boat to start. What to do
Tatiana

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

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Clarification of the client

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

Clarification of the client

Lawyer, St. Petersburg

Chat

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

If the land plot is in your ownership, then the 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, St. Petersburg

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Does the public strip exactly fit into the protection strip of water bodies? Before this conversation, they told me No. 6 and 65 articles differ
Tatiana

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

Yes, of course 6 and 65 st. VK RF are different, I did not say that they are the same

i. i.jpg jpg

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Lawyer, St. Petersburg
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If I can have one more question. Is the boat station located on the water or on a public waterfront? And if the protective strip of water bodies, where then on the water or on land? On the water it will be a pantone.
Tatiana
The shoreline 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. Provision of water bodies for use on the basis of a water use agreement or a decision on the provision of 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, property of the constituent entities of the Russian Federation, 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 intake (withdrawal) of water resources for the purpose of generating electricity.
2. On the basis of decisions on the provision of water bodies for use, unless otherwise provided by part 3 of this article, water bodies in federal ownership, property of the constituent entities of the Russian Federation, property of municipalities are provided for use for:
1) ensuring the defense of the country and the security of the state;
2) discharge of waste water, 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 of sunken ships;
9) rafting of wood and using pouches;
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, disabled people;
12) intake (withdrawal) of water resources from surface water bodies and their discharge during aquaculture (fish farming).
3. It is not required to conclude a water use agreement or make a decision on the provision of a water body for use if the water body is used for:
1) shipping (including sea shipping), navigation of small vessels;
2) implementation of a one-time take-off, one-time landing of aircraft;
3) intake (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 emergencies and eliminate their consequences;
5) intake (withdrawal) of water resources for sanitary, ecological 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, topographic, hydrographic, diving works;
10) fishing, hunting;
11) implementation of traditional nature management in places of traditional residence of the 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 production 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 river floodplains;
16) watering garden, vegetable garden, summer cottages, maintaining personal subsidiary plots, as well as watering, caring for farm animals;
17) bathing and meeting other personal and household 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 works on the maintenance of the inland waterways of the Russian Federation;
19) creation of artificial land plots.
4. The provision of water bodies in federal ownership, property of the constituent entities of the Russian Federation, 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 self-government bodies in within their powers in accordance with Articles 24 - 27 of this Code.

VK RF Article 65. Water protection zones and coastal protection zones

1. Water protection zones are territories that adjoin the coastline (boundaries of a water body) of the seas, rivers, streams, canals, lakes, reservoirs and on which a special regime is established for the implementation of economic and other activities in order to prevent pollution, clogging, siltation of these water bodies and the 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 protection zones 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 protection strip are established from the location of the corresponding coastline (the boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protection stripes - from the line of maximum tide. In the presence of centralized storm drainage systems and embankments, the boundaries of the coastal protection zones of these water bodies coincide with the embankment parapets, the width of the water protection zone in such territories is established from the embankment parapet.

(see text in previous edition)

4. The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length:

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, brook less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protection zone. 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, a reservoir, except for a lake located inside a swamp, or a lake, a reservoir with a water area of less than 0.5 square kilometers, shall be set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

(see text in previous edition)

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

(see text in previous edition)

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

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

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

11. The width of the coastal protection strip is set depending on the slope of the bank 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 wastewater lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protection strip is set at fifty meters.

13. The width of the coastal protection zone of a river, lake, reservoir of particularly valuable fisheries value (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters regardless of the slope of the adjacent lands.

(see text in previous edition)

14. On the territories of settlements, in the presence of centralized storm water disposal systems and embankments, the boundaries of the coastal protection zones 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, the coastal protection strip is measured from the location of the coastline (the boundary of the water body).

(see text in previous edition)

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

1) the use of wastewater to regulate soil fertility;

(see text in previous edition)

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

(see text in previous edition)

3) implementation of aviation measures to combat harmful organisms;

(see text in previous edition)

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

5) location of filling stations, warehouses of fuels and lubricants (except for cases where gas 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 vehicles;

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

7) discharge of waste water, including drainage water;

8) exploration and production of widespread minerals (except for cases where exploration and production of widespread minerals is 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 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 bodies from pollution, clogging, siltation 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 the legislation in the field of environmental protection. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, siltation and depletion of water are understood as:

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