The water protection zone of the lake is how many meters. What is a protective coastal strip

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

1. The water protection zones are areas that are adjacent to the coastline of the seas, rivers, streams, canals, lakes, reservoirs and which establishes a special mode of exercise of economic and other activities in order to prevent pollution, clogging, the presence of these water bodies and depletion of their water, As well as preservation of the habitat of water biological resources and other objects of animal and plant world.

2. The coastal protective bands are installed in the boundaries of water protection zones, in the territories of which additional restrictions of economic and other activities are introduced.

3. Outside the territories of cities and other settlements width of the water protection zone of rivers, streams, channels, lakes, reservoirs and the width of their coastal protective band are installed on the corresponding coastline, and the width of the water zone of the seas and the width of their coastal protective strip - from the maximum tide line . In the presence of centralized shepherd drainage systems and embankments of the coastal protective strips of these water bodies coincide with the parapets of embankments, the width of the water protection zone in such territories is established from the Parapet of the embankment.

4. The width of the water protection zone of rivers or streams is set from their source for rivers or strengthening rivers:

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 the river, the stream of less than ten kilometers from the source to the mouth, the water protection area coincides with the coastal protective strip. The radius of the water protection zone for the origins of the river, the stream is set in the amount of fifty meters.

6. The width of the water protection zone of the lake, the reservoir, with the exception of the lake, located inside the swamp, or the lake, the reservoir with an aquatorium less than 0.5 square kilometers, is set in the amount of fifty meters. The width of the water protection zone of the reservoir located on the 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 zone of the sea is five hundred meters.

9. The water protection zones of trunk or inter-farm channels coincide in width with the bands of the taps of such channels.

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

11. The width of the coastal protective strip is established depending on the shores of the water object and is thirty meters for reverse or zero slope, forty meters for slope to three degrees and fifty meters for slope three or more degrees.

12. For those located within the borders, the swamp and waste lakes and the corresponding watercourses the width of the coastal protective strip is set in the amount of fifty meters.

13. The width of the coastal protective strip of the river, lakes, reservoirs that have a particularly valuable fisheries (spawning site, feeding, fishes and other aquatic biological resources) is set in the amount of two hundred meters, regardless of the slope of the adjacent lands.

14. In the territories of settlements in the presence of centrally storm systems of drainage and embankments of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such territories is established from the Parapete of the embankment. In the absence of embankment, the width of the water protection zone, the coastal protective strip is measured from the coastline.

15. The boundaries of water protection zones are prohibited:

1) the use of wastewater in order to regulate soil fertility;

2) the placement of cemeteries, cattle borons, disposal of production waste and consumption, chemical, explosive, toxic, poisoning and poisonous substances, radioactive waste disposal points;

3) the implementation of aviation measures to combat harmful organisms;

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

5) the placement of gas stations, flavors of fuel and lubricants (except for cases, if the gas stations, the warehouses of fuel and lubricants are placed in the territories of ports, shipbuilding and ship repairing organizations, inland waterway infrastructure, subject to the requirements of environmental protection legislation and of this Code), maintenance stations used for technical inspection and repair of vehicles, carrying out vehicle washing;

6) placement of specialized repositations of pesticides and agrochemicals, the use of pesticides and agrochemicals;

7) waste discharge, including drainage, waters;

8) intelligence and mining of common minerals (except in cases where exploration and mining of common minerals are carried out by subsoil users who exploration and production of other types of minerals, within the borders of the Ministry of Mountains provided to him in accordance with the legislation of the Russian Federation on the borders of the Ministry of Nations and (or ) Geological discharges on the basis of an 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. Design, construction, reconstruction, commissioning, operation of economic and other facilities are allowed within the boundaries of water protection zones, subject to the equipment of such facilities that ensure the protection of water bodies from pollution, clogging, planting and exhausting water in accordance with water legislation and legislation in Environmental Protection Areas. The choice of the type of structure that ensures the protection of the water object from contamination, clogging, planting and exhausting waters is carried out taking into account the need to comply with the regulations established in accordance with legislation in the field of environmental protection of permissible discharges of pollutants, other substances and microorganisms. For the purposes of this article under facilities that ensure the protection of water bodies from pollution, clogging, planting and depletion of water, are understood:

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

2) structures and systems for the discharge (discharge) of wastewater into centralized drainage systems (including rain, tales, infiltration, polyvual and drainage waters) if they are intended for the reception of such water;

3) local sewage treatment facilities (including rain, tales, infiltration, polyvual and drainage waters), ensuring their purification based on the standards established in accordance with the requirements of the legislation in the field of environmental protection and this Code;

4) facilities for the collection of waste and consumption waste, as well as structures and systems for the discharge (discharge) of wastewater (including rain, melt, infiltration, polyvual and drainage waters) into receivers made of waterproof materials.

16.1. In relation to the territories of the horticultural, garden or country of non-profit associations of citizens placed within the boundaries of water protection zones and not equipped with structures for wastewater treatment, until their equipment, such structures and (or) connecting to systems specified in paragraph 1 of Part 16 of this article, allowed The use of receivers made from waterproof materials preventing the intake of pollutants, other substances and microorganisms into the environment.

17. In the boundaries of coastal protective bands, along with the limitations established part 15 of this article, restrictions are prohibited:

1) Land disintegration;

2) placement of dumps of blurred soils;

3) collapses of farm animals and organization for them summer camps, baths.

18. Establishing the boundaries of the water protection zones and borders of coastal protective bands of water objects, including through special information signs, is carried out in the manner prescribed by the Government of the Russian Federation.

1 comment to the post "Article 65 Water Code of the Russian Federation. Water protection zones and coastal protective stripes "

Article 65. Water protection zones and coastal protective strips

Comment on Article 65

1. Overview of the article. The article includes 18 parts establishing the features of such elements of the legal regime of water protection zones and protective coastal strips, as the features of the mode of the mode of mode, regime restrictions and boundaries of their action in space.
Part 1 contains the definition and purpose of establishing a special mode of carrying out activities within the boundaries of water protection zones.
Part 2 provides 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.
Part 3 - 10 establish requirements for the size of water protection zones and rules for determining their boundaries. At the same time, part 7 contains a sending rate to the Federal Law of 05/01/1999 N 94-ФЗ "On the Protection of Lake Baikal".
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SZ RF. 1999, N 18. Art. 2220.

Part 11 - 14 establish requirements for the sizes of coastal protective bands and rules for determining their boundaries.
Part 15 contains a list of regime restrictions within the boundaries of water protection zones, and part 16 sets permissible types of exposure in their boundaries, as well as the conditions for the legality of such an impact.
Part 17 contains a list of additional regime restrictions within the boundaries of coastal protective bands, the possibility of which is provided by part 2 of the commented article.
In accordance with Part 18, the right to establish the procedure for establishing the boundaries of water protection zones and coastal protective bands is given the Government of the Russian Federation. Accordingly, the Government of the Russian Federation has the right to independently determine the subjects, obliged to establish such boundaries on the ground.
2. Objectives, scope and prescription addresses.
The purpose of the article is to ensure increased protection of water bodies from adverse effects by introducing additional restrictions and prohibitions in the territories adjacent to such objects.
The scope of the article is extremely wide as it concerns all water bodies in the Russian Federation.
Therefore, the addresses of the article is an indefinitely wide range of persons, constantly or temporarily using 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 define a circle of persons obliged to establish the boundaries of the area of \u200b\u200bthe area of \u200b\u200bzones on the ground. In accordance with paragraph 3 of the rules for establishing the borders of the water protection zones and the boundaries of coastal protective bands of water bodies, they include state authorities of the constituent entities 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 whose value was disclosed above ("coastline", "Sea", "River", "Channel", "Creek", "Lake", "Reservoir" - see a comment on Art. 5; "Watering" , "Water Object", "Waters" - see a comment on Art. 1; "The habitat of the animal and plant world" - see a comment on Art. 3). Specifications for the commented article are such concepts as the "water protection zone", the "coastal protective strip", the "channel of the channel", "settlement", "livnery sewage", "Embankment", "Parapet", "Water object, having a special valuable fisheries meaning.

3.1. Water protection zone. The word zone (from the Greek SWVN is a belt) indicates a plot, an area, a belt or strip, which have a specific qualitative feature.
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Big Soviet Encyclopedia (in 30 volumes) / ch. ed. A.M. Prokhorov. M.: Soviet Encyclopedia, 1972. T. 9. P. 572.

The establishment of various types of zones in environmental legislation is one of the methods of territorial protection by allocating areas with special conditions of use (see, for example, Art. Art. 48 and 49 of the Federal Law of N 166-FZ "On Fisheries and Conservation of Water Biological Resources"). Zoning is used to establish various legal modes for spaces of space, which up to establish zones had a homogeneous legal regime (for example, the allocation of functional zones within national parks). The essence of zoning in environmental purposes is, as a rule, the establishment within the ranges of restrictions of the activity is more stringent than in the sections of space adjacent to them (for example, sanitary protection zones, security zones of specially protected natural territories, etc.). The establishment of zones means the establishment of a spatial and time frame of the action of restrictions of economic or other activities.
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See Read more: Comment to the federal law of 20.12.2004 N 166-FZ "On the fisheries and preservation of water biological resources" / Ed. OL Dubovik. M., 2011.
Since natural complexes are very different on the set of components (mountains, forests, tundra, etc.), here is meant homogeneity on a certain legal attribute, and not uniformity at all. - approx. Auto

Accordingly, various kinds of zones (as well as the belt), established in environmental purposes, are a special case of specially protected areas. Consequently, the necessary elements of the legal regime of environmental zones are regime restrictions (special protection mode), spatial and, if necessary, temporary boundaries of restrictions.
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For specially protected areas, see Read more: UN General Assembly. Sixty-second session. Paragraph 79 (a) of the provisional agenda. World Ocean and Maritime Law. Report of the Secretary-General. Adding. A / 62/66 / Add.2 (Russian). Pp. 41 - 42; Educational and practical commentary on the Land Legislation of the Russian Federation / Ed. OL Dubovik. M.: Eksmo, 2006. P. 481 - 482; Kalechenko M.M. Legal regimen of the territorial protection of the marine environment / Ed. OL Dubovik. M.: Gorodets, 2009. P. 57 - 65.

In accordance with part 1, the commented on the article by water protection zones are areas that are adjacent to the coastline of certain water bodies (seas, rivers, streams, canals, lakes, reservoirs) and which establishes a special regime of economic and other activities. Special activity mode is established for the following purposes:
- prevention of pollution, clogging, having the specified water bodies;
- preventing the exhaustion of their water;
- preservation of the habitat of water biological resources and other objects of animal and plant world.
Water-protection zones are installed only for water bodies directly provided by the commented article, namely: seas, watercourses (rivers, streams, channels) of water bodies (lakes, reservoirs, ponds). The action of the article is obviously not applied to the swamps, natural yields of groundwater, glaciers and snowflies, as well as underground water bodies.
Regime restrictions in water protection zones are provided by part 15 of the commented article and include prohibitions on:
1) the use of waste water for soil fertilizer;
2) the placement of cemeteries, cattle borons, disposal of production waste and consumption, chemical, explosive, toxic, poisoning and poisonous substances, radioactive waste disposal points;
3) the implementation of aviation measures to combat pests and disease diseases;
4) movement and parking of vehicles (except special vehicles), except for their movement on roads and parking on roads and in specially equipped places having a solid coating.

Summary of definition rules
Width of water protection zones

Water object

Water protection
zone, m The border is measured by the coastal protective
strip (m) when
outside
populated
Points
in populated
Point zero
or
Inverse
slope
=3

Sea
500 lines
Most
Parapet tide
(in the presence of
Livneva
sewage),
And with it
lack -
from shore
lines

50
Lake 50 coastal
lines
Reservoir
not on
watercourse 50.

Reservoir
On watercourse is equal
width
Water protection
Zone watercourse
Lake,
reservoir,
Having especially
valuable fish
Economic
The value is set by B.
according to
with legislation
O.
Fishing

200 independently
Embolon
Channel equals width
Top stripes
30
40
50
Source
watercourse in radius
50 m is not defined within a radius of 50 m
Vodotok.
Length, km<10 =50 береговой
Parapet lines (with
presence
Livneva
sewage),
And with it
lack -
from shore
lines
30
40
50
River, stream 50 00 00
Watering B.
borders
swamp
50
50

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Water-protection zones are not installed for rivers (their parts) placed in closed collectors.
For any lakes, reservoirs, with the exception of reservoirs located on watercourses. For lakes, reservoir area of \u200b\u200bless than 0.5 square meters. km The water protection zone is obviously not installed.
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 envisaged by land, water legislation, the legislation on the animal world, water biological resources and the conservation of their habitat.
For example, in accordance with the rules for the establishment of fisherous zones, the boundaries of the latter coincide with the boundaries of the water protection zones. However, in accordance with paragraph 14 of these rules, the rules for establishing the width of the fisherous zones of ponds, flooded quarries having a hydraulic bond with rivers, streams, lakes, reservoirs and seas (50 m) are also identified. Installing fish protection zones and denote them to the area authorized by Rosrybolov. The rules of designation on the ground are approved by the relevant order of Rosrybolov. Fish protection zones, in contrast to water protection zones, are created not by default (by virtue of the law), but on the basis of the publication of the authorized body of the appropriate act.
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Decree of the Government of the Russian Federation of 06.10.2008 N 743 "On approval of the rules for the establishment of fisherous zones" // SZ of the Russian Federation. 2008. N 41. Art. 4682.
Order of Rosrybolovyi dated December 15, 2008 N 410 "On approval of the procedure for establishing on the ground of the borders of the fisherous zones" // BNA RF. 2009. N 5.
See, for example: the order of Rosryboloviya dated 20.11.2010 N 943 "On the establishment of fishers of the seas, whose coasts are fully or partially owned by the Russian Federation, and water bodies of the fishery value of the Republic of Adygea, Amur and Arkhangelsk regions" (not published).

Due to the special meaning of Lake Baikal as an object of the World Heritage, his legal regime and status is regulated by the Federal Law of 05/01/1999 N 94-FZ "On the Protection of Lake Baikal" and adopted in its performance by regulatory legal acts. The specified regulatory acts and refers part 7 of the commented article in terms of establishing the width of the water protection zones of this water object. According to part 1 Art. 2 of this law, Lake Baikal, its water-protection area, adjacent to Lake Baikal, its waterbed area within the territory of the Russian Federation, especially protected natural areas adjacent to Lake Baikal, as well as the territory adjacent to Lake Baikal to 200 kilometers to the west and northwest of him. Natural use in the borders of the Baikal natural area is carried out in accordance with zoning on the central ecological zone (the most rigid restrictions), the buffer ecological zone and the ecological zone of atmospheric influence.
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SZ RF. 1999. N 18. Art. 2220.

The central ecological zone includes the actual Lake Baikal with the islands, its water-protection zone, as well as those adjacent to Lake Baikal specially protected natural territories. We could not detect any special regulations regarding the width of the water-powered zone, so they are determined according to the general rules of the commented article, that is, it is 50 meters. At the same time, the list of regime restrictions in the central ecological zone (including) Lake Baikal approved by the Decree of the Government of the Russian Federation from 08/30/2001 N 643 "On approval of a list of activities prohibited in the central ecological zone of the Baikal Natural Territory" and is more rigid than a commented article. In addition, the effect in the space provided for by the specified resolution of restrictions is much wider than the action in the space of restrictions provided for by the water-cooled zone regimen.
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SZ RF. 2001. N 37. Art. 3687.

3.2. Coastal protective strip. According to the meaning of parts 1 and 2, the coastal protective area is part of the water-powder zone, within which additional restrictions were introduced, compared with the water-powder zone.
Restrictions within the boundaries of the coastal protective band are provided by part 17 of the commented article and include such prohibitions as a ban on:
- Masset lands;
- placement of dumps of blurred soils;
- collapses of farm animals and organization for them summer camps, baths.
In accordance with paragraph 8 of Art. The 27 ZK RF is prohibited to privatize land plots in the "limits of the coastal strip", established in accordance with the Water Code of the Russian Federation.
Consolidated information on the rules for determining the width of coastal protective bands are presented in the table below.
3.3. Channel removal band. To date, there are construction rules that establish the procedure for determining and the width of landlocative channels depending on the set of factors. In most cases, the actual width of the existing channels of the existing channels is set in accordance with the project documentation and varies very much depending on the type of channel device (in the excavation, half-height, embankment or semi-roll) and its bandwidth. For example, lands removal standards for land reclamation channels 474-75 set the order of determining the width for landlocative channels with a bandwidth of no more than 10 cubic meters. m / s.
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See, for example: Land removal standards for landing channels CH 474-75.

As approximate benchmarks for channels with bandwidth not more than 10 m 3 / s, you can use the following data.

Width of the removal strip for landlocative channels

Melioral channels
Passing by:
Width on the bottom, m Width of the bandwidth in
perpetual use, m
MIN MAX MIN MAX
Recess

high heel

semi-suit

mound 0.4.

As follows from the table, the width of the water-powder zone of such channels will be from 17 to 45 m. In the case of determining the width of the water-proof coastal strip according to the rules of part 11 of the commented article, its width will be from 30 to 50 m. In such a situation, a water-proof coastal strip can Fully coincide with the water-cutting zone or exceed it in size.
Width of land removal strips for channel bandwidth of more than 10 cu. m / s, channels developed by the explosive method, as well as passing in areas subject to landslides and villages, and in settlements should be determined by projects approved in the prescribed manner.
3.4. Locality. This is the settlement (settlement), the primary unit of settlement of people within one built-up land plot (city, town of urban type, village, etc.). The mandatory sign of the settlement is the constancy of using it as a habitat, year-round or seasonally.
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Soviet encyclopedic dictionary. M.: OV. Encyclopedia, 1984. P. 861.

3.5. Storm sewage. Under the sewage system means the diversion of household, industrial and wastewater. A complete list of terms and definitions related to sewage is enshrined by GOST 25150-82, however, the concept of "storm canalization" in it is not disclosed. To clarify the content of this concept, we turn to the territorial construction standards of the Moscow region. According to the sense of section 4 of these territorial construction norms, under the storm sewer, the removal of the surface drain of three types (rain, tales and polyvoyehnyh), formed in the built-up areas as a result of precipitation precipitation and operating road surfaces. Such sewage should also provide for the possibility of receiving drainage waters from related drainage, heating networks, common collectors of underground communications, as well as ungublined wastewater industrial enterprises.
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GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M.: Publisher standards, 1974. P. 3.
GOST 25150-82. Sewage. Terms and Definitions.
Territorial building standards. Rain sewage. Organization of collecting, cleaning and resetting the surface runoff (TSN DK-2001 of the Moscow region (TSN 40-302-2001) (commissioned by the order of the Ministry of Internal Affairs of July 30, 2001 No. 120 "On the introduction of territorial construction norms of the Moscow region (TSN DK 2001 ) ").

3.6. Embankment. This is a protective or protective structure along the coastal strip. From the point of view of hydraulic engineering, embankments are waveward walls built to protect against the excitement of coastal ledges, including the earthen canvas of seaside iron and roads. Such walls are sometimes referred to as retaining wavenur. Wave-woven walls are allowed, if possible, erected under the protection of the beach with a width, sufficient to quench the calculated waves, in a complex with riots or grooves. In the design of wave-bearing walls, recommendations of existing construction standards and rules for the design of retaining walls should be taken into account.
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GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M.: Publisher standards, 1974. P. 13.
SP 32-103-97. Design of marine proof structures. M.: Transstroy, 1998.

Naberezhnye, like Bereg, protective, regulatory and fender structures, are designed to take into account the possibility of their use in national economic purposes (as propulsible, transport and other engineering structures, for mass recreation of the population and sports and recreational activities).
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See: SNIP June 2 01-86. Hydraulic structures. Basic design provisions. M.: State Construction Committee, 1987.

3.7. Parapet. The word "parapet" (Franz. Parapet, Ital. Parapetto) in Russian denotes a low solid wall, passing along the edge of the roof, terrace, balcony, along the waterfront, bridge (as a barrier); On the crest of the dam, the mole, dams, in shipping gateways. Construction may also denote a separate element of these structures. For the purposes of commentated articles under parapet, a fence passing along the embankment should be understood.
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Soviet encyclopedic dictionary. M.: OV. Encyclopedia, 1984. P. 964.
See, for example: GOST 23342-91. Products architectural and construction from natural stone. Technical conditions. M.: Publishing House Standards, 1992. 9 p.

3.8. The slope of the shore of the water object. The concept of "bias" is very widespread in technical, natural sciences, regulatory acts in the field of technical regulation. In geodesy, they operate to describe the terrain. From the point of view of geodesy, the slope (also tilt) is an indicator of the slope of the slope, that is, "the ratio of exceeding the area to the horizontal length on which it is observed." For example, a bias equal to 0.015 corresponds to a lifting 15 m per 1000 m of distances.
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See, for example: VNI \u200b\u200b163-83. Accounting for the deformations of river beds and shores of water bodies in the zone of underwater transitions of the main pipelines (oil and gas pipelines). http://www.complexdoc.ru/ntdText/487968; VNG 3-80. Instructions for the design of marine proprietary structures.
Soviet encyclopedic dictionary. M.: OV. Encyclopedia, 1984. P. 1372.

When designing infrastructure facilities, information about the angle of slope (longitudinal and transverse) at the site of their intended location should be included in the design documentation (clause 34 of the composition of the partitions of project documentation and the requirements for their content).
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Decree of the Government of the Russian Federation "On the composition of the partitions of project documentation and requirements for their content" of 16.02.2008 N 87 // SZ RF. 2008. N 8. Art. 744.

The angle of slope is measured during topographic work, as a rule, by the method of trigonometric (geodesic) leveling. It should be assumed that the angle of transverse slope should be considered for the purposes of this article.
3.9. Water object having a special valuable fisheries value. The fisheries fund of internal freshwater reservoirs of Russia includes 22.5 million hectares of lakes, 4.3 million hectares of reservoirs, 0.96 million hectares of agricultural water reservoirs, 142.9 thousand hectares of ponds and 523 thousand km of rivers. In addition, the Russian Federation also has an extended sea coastline (about 60 thousand km).
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See: Paragraph 2.1 Aquaculture Development Strategies in the Russian Federation for the period up to 2020 (App. Ministry of Agriculture of the Russian Federation 10.09.2007).

In order to reproduce, preserve and rational use of water bioresources, objects of fishery value in accordance with paragraph 2.1.2 of typical protection rules of surface waters are divided into three categories: the highest, first and second.
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Typical rules for the protection of surface waters (utensils. Goskomprods 21.02.1991).

The highest category includes locations of spawns, mass feeding and wintering pits of especially valuable and valuable species of fish and other field aquatic aquatic organisms, as well as security zones of any type of households carrying out artificial breeding and growing fish, other aquatic animals and plants.
The first category includes water objects used to preserve and reproduce valuable fish species with high sensitivity to the oxygen content.
The second category includes water bodies used for other fisheries purposes.
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For details, see: Khalchansky S.A. Commentary on Article 51 // Commentary on the Water Code of the Russian Federation / Ed. OL Dubovik. M.: Eksmo, 2007. P. 282 - 283.

4. Development of legislation. The establishment of water protection zones (bands) for purposes similar to the above-mentioned part 2 of the article was provided for Article 91 of the Water Code of the RSFSR 1972. The content of the limitations of this code was not envisaged, since the rights to determine the procedure for their establishment and use were delegated to the Council of Ministers of the RSFSR, unless otherwise It was not provided for by the legislation of the SSR Union. 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, planting water bodies, deterioration of the habitat of aquatic animals, to reduce drain fluctuations, etc. It was also envisaged to establish water protection zones of forests.
The Water Code of the Russian Federation of 1995 (Art. 111) was delimited by the concepts of water protection zones and coastal protective zones. The content of these concepts within the meaning of the CC of the Russian Federation of 1995 corresponds to the modern understanding, taking into account the fact that the commentible code clearer determines the features of their legal regime. This is especially true of regime restrictions, which in the current VC of the Russian Federation are enshrined by law, and not by the subtitle acts of the Government of the Russian Federation.
In the commented article, the changes were made once, but they were touched upon several parts at once. So, in accordance with paragraph 19 of Article 1, the Federal Law of July 14, 2008 No. 118-FZ "On Amendments to the Water Code of the Russian Federation and individual legislative acts of the Russian Federation" in Article 65, the following changes were made: the proposal of 1 part was set out in the new edition 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 "placement" is excluded; Part 18 is set forth in the new edition.
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SZ RF. 2008. N 29 (Part 1). Art. 3418.

The essence of the changes entered into part 3 was to reflect the peculiarities of the seas as specific water bodies. In the previous edition, the border of security zones and strips for all water bodies outside the settlements was determined on the coastline. In accordance with the current edit, the border of the security zones (strips) of the seas is measured from the maximum tide line.
Before making changes to Part 6, the width of the security zones (bands) of the reservoir was fixed and accounted for 50 m. In accordance with the current edition, the width of such zone (bands) of the reservoir should correspond to the width of similar zones for watercourse on which the reservoir is organized. For example, if the Kuibyshev reservoir (r. Volga) has had a water-protection zone 50 m wide, now it should be 200 m due to part 4 of the commented article.
Change in part 14 (replacement of the word "settlement" by the words "settlement") recognized to distinguish such concepts as "the place where people live" (settlement) from "one of the territorial units of local government" (settlement).
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See: Part 1 Art. 2 of the Federal Law of 06.10.2003 N 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation" // SZ RF. 2003. N 40. Art. 3822.

An exception to part 16 of the commented article The word "accommodation" is also related, in our opinion, with the leading of regulatory legal acts in accordance with the Urban Planning Code of the Russian Federation dated December 29, 2004 No. 190-ФЗ, which consolidates and systematized rules of territorial zoning.
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SZ RF. 2005. N 1 (part 1). Art. sixteen.

In the original editorial board, part 18 of the commented article contained a reference to land legislation in terms of determining the procedure for fastening the borders of the security zones (bands). In the current edition of the authority to establish the procedure for fastening the borders delegated to the Government of the Russian Federation.
5. Communication with other articles. The provisions of the commented article are applied to the postolon, since this does not contradict the rules for the protection against pollution of the swamp (Article 57), glaciers and snowflates (Art. 58), the protection of underground water bodies (Article 59), the protection of forests (Article 63), and also The provision of Article 49 of the Commented Code regarding the protection of water bodies containing therapeutic water resources, zones of special (Article 34) and sanitary protection (part 2 of article 43) of drinking and household sources (see comment on them).
6. The procedure for establishing boundaries. In accordance with part 18 of the commented on the article by the authority to determine the procedure for establishing the locality of the water protection zones and coastal protective bands, the Government of the Russian Federation is endowed. In accordance with his powers, the Government of the Russian Federation adopted the relevant rules.
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Decree of the Government of the Russian Federation dated January 10, 2009 No. 17 "On approval of the rules for establishing the boundaries of water protection zones and boundaries of coastal protective bands of water bodies" // SZ RF. 2009. N 3. Art. 415.

According to the rules, the establishment of borders is aimed at informing citizens and legal entities on the special regime of economic and other activities within the boundaries of water protection zones and on additional restrictions on economic and other activities within the boundaries of coastal protective bands (p. 2).
In accordance with paragraph 4 of the specified rules, the establishment of the borders of the water-powder zone and the width of the coastal protective strip for each water object on the ground includes:
a) determination of the width of the water-powder zone and the width of the coastal protective strip;
b) the description of the boundaries of the zone (bands), their coordinates and reference points;
c) mapping borders on cartographic materials;
d) the establishment of boundaries on the ground, including through the placement of special information signs.
Information on the boundaries of water protection zones and the boundaries of coastal protective bands of water objects, including cartographic materials, are submitted to the Federal Agency for Water Resources for making them to the State Water Registry (see Comment on Art. 31).
Authorities to establish borders on the ground are government authorities.
First, the Federal Agency for Water Resources for all facilities that relevant powers in respect of which were not transferred to the state authorities of the constituent entities of the Russian Federation. In particular, these are sea and (or) of their parts, reservoirs, which are fully located in the territories of the relevant constituent entities of the Russian Federation and the use of water resources of which are carried out to ensure drinking and household water supply 2 or more subjects of the Russian Federation according to the list.
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Secondly, the state authorities of the constituent entities of the Russian Federation in the amount of powers granted to them.
These state authorities are obliged to ensure the placement of special information signs throughout the boundaries of water protection zones and coastal protective bands of water bodies in the characteristic points of relief, as well as in places of crossing water objects, roads and other areas of mass stay of citizens and maintain these signs in proper condition (paragraph 6 of the rules). Samples of special signs are approved by order of the Ministry of Environment of the Russian Federation of August 13, 2009 No. 249 "On approval of samples of special information signs to designate the boundaries of water protection zones and the boundaries of coastal protective bands of water objects."
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BNA RF. 2009. N 43.

The owners of land, landowners and land users of land plots, on the land plots of water protection zones and coastal protective bands, are obliged to provide unhindered access to representatives of authorized state authorities in order to accommodate special information signs on the respective land plots and maintain them in the appropriate state.
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Allocated by us. From the wording of paragraph 7 of these rules ("land plots, on the lands of which are water protection zones and coastal protective strips of water bodies") It is assumed that the specified zones (bands) are arranged on land plots. However, the physically indicated zones (bands) are not located on sites. Land plots on which regime restrictions apply may be part of the lands of various categories with its own legal regime. The limitations provided for by the commentated article are legally established rules operating under certain boundaries, regardless of the legal regime of land and land plots. For details, see: Krasov O.I. Land law: studies. M.: Lawyer, 2007. P. 120 - 122.

The list of water bodies, the boundaries of water-protection zones and coastal protective bands are established by the Federal Agency for Water Resources and its territorial bodies.
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Order of the Government of the Russian Federation of December 31, 2008 N 2054-R "On approval of a list of water bodies that are fully located in the territories of the relevant constituent entities of the Russian Federation and the use of water resources of which are carried out to ensure drinking and household water supply of two or more subjects of the Russian Federation" // SZ RF. 2009. N 2. Art. 335.

N Name reservoir location location
1. Belgorod reservoir Belgorod region
2. Boguchanskoye reservoir Krasnoyarsk Territory, Irkutsk region
3. Borisoglebsk reservoir Murmansk region
4. Bratsk reservoir Irkutsk region
5. Burue reservoir Khabarovsk region, Amur region
6. Vazuzovskoye reservoir Smolensk region, Tver region
7. Veliev reservoir Novgorod region
8. Verkhneolzh reservoir Tver region
9. Verkhne-Ruzovskoye reservoir Moscow region
10. Upper-Svir reservoir
Easy (river) Leningrad region
11. Vilyuy reservoir Republic of Sakha (Yakutia), Irkutsk region
12. Volgograd reservoir Volgograd region, Saratov region
13. Volkhovskoe reservoir Leningrad region, Novgorod region
14. Votkinskoye reservoir of the 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. Zeysk reservoir Amur region
19. Ivankovskoe reservoir Moscow region, Tver region
20. Ikshin reservoir Moscow region
21. Iovskoy reservoir Republic of Karelia, Murmansk region
22. Irenel reservoir Republic of Bashkortostan, Chelyabinsk
region
23. Iriklin reservoir Orenburg region
24. Irkutsk reservoir Irkutsk region
25. Istra reservoir Moscow region
26. Kaitakoski reservoir Murmansk region
27. Kamskoe reservoir Perm region
28. Klyazminskoye reservoir Moscow region
29. Kneyzhegubskoye reservoir Republic of Karelia, Murmansk region
30. Kolyma reservoir Magadan region
31. Krasnodar reservoir Republic of Adygea, Krasnodar Territory
32. Krasnoyarsk reservoir Republic Khakassia, Krasnoyarsk Territory
33. Kuban (large)
Reservoir Karachay-Circassian Republic
34. Kuibyshev reservoir Republic of Mari El, Republic of Tatarstan,
Chuvash Republic, Samara region,
Ulyanovsk region
35. Kursk reservoir Stavropol Territory
36. Leningorsk reservoir Leningrad region
37. Main reservoir Republic Khakassia, Krasnoyarsk Territory
38. Mikhailovskoye reservoir Kursk region, Oryol region
39. Mozhaisk reservoir Moscow region
40. Narva reservoir Leningrad region
41. Nizhnekamsk reservoir Republic of Bashkortostan, Republic
Tatarstan, Udmurt Republic
42. Novosibirsk reservoir Altai Krai, Novosibirsk region
43. Novo-Troitsk reservoir Stavropol Territory
44. Nizepetrovsk reservoir Chelyabinsk region
45. Ozerny reservoir Moscow region
46. \u200b\u200bPestovskoye reservoir Moscow region
47. Pravdinskoye reservoir
(GES-3) Kaliningrad region
48. Proletarian reservoir Republic of Kalmykia, Stavropol Territory,
Rostov region
49. Prime reservoir Ryazan region, Tula region
50. Pyhoshskoe reservoir Moscow region
51. Rakytski reservoir Murmansk region
52. Rublevskoe reservoir Moscow region
53. Ruzskoye reservoir Moscow region
54. Rybinskaya reservoir Vologda region, Tver region,
Yaroslavl region
55. Saratov reservoir Samara region, Saratov region,
Ulyanovsk region
56. Sayano-Shushenskoye reservoir

1. The water protection zones are the territories that are adjacent to the coastline (the boundaries of the water object) of the seas, rivers, streams, canals, lakes, reservoirs and which establishes a special regime of economic and other activities in order to prevent pollution, clogging, exciting these water bodies and the exhaustion of their waters, as well as the preservation of the habitat of water biological resources and other objects of animal and plant world.

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

2. The coastal protective bands are installed within the boundaries of the water protection zones, in which additional territories are introduced restrictions economic and other activities.

3. Outside the territories of cities and other settlements width of the water protection zone of rivers, streams, channels, lakes, reservoirs and the width of their coastal protective band are set from the location of the corresponding coastline (the boundaries of the water object), and the width of the water-protection zone of the seas and the width of their coastal protective Strips - from the maximum tide line. In the presence of centralized shepherd drainage systems and embankments of the coastal protective strips of these water bodies coincide with the parapets of embankments, the width of the water protection zone in such territories is established from the Parapet of the embankment.

4. The width of the water protection zone of rivers or streams is set from their source for rivers or strengthening rivers:

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 the river, the stream of less than ten kilometers from the source to the mouth, the water protection area coincides with the coastal protective strip. The radius of the water protection zone for the origins of the river, the stream is set in the amount of fifty meters.

6. The width of the water protection zone of the lake, the reservoir, with the exception of the lake, located inside the swamp, or the lake, the reservoir with an aquatorium less than 0.5 square kilometers, is set in the amount of fifty meters. The width of the water protection zone of the reservoir located on the watercourse is set equal to the width of the water-protection zone of this watercourse.

(as amended by Federal Law of July 14, 2008 N 118-FZ)

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 of 06/28/2014 N 181-FZ)

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

9. The water protection zones of trunk or inter-farm channels coincide in width with the bands of the taps of such channels.

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

11. The width of the coastal protective strip is established depending on the shores of the water object and is thirty meters for reverse or zero slope, forty meters for slope to three degrees and fifty meters for slope three or more degrees.

12. For those located within the borders, the swamp and waste lakes and the corresponding watercourses the width of the coastal protective strip is set in the amount of fifty meters.

13. The width of the coastal protective strip of the river, lakes, reservoirs that have a particularly valuable fisheries (spawning site, feeding, fishes and other aquatic biological resources) is set in the amount of two hundred meters, regardless of the slope of the adjacent lands.

14. In the territories of settlements in the presence of centrally storm systems of drainage and embankments of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such territories is established from the Parapete of the embankment. In the absence of the embankment width of the water protection zone, the coastal protective strip is measured from the location of the coastline (the boundaries of the water object).

(as amended by federal laws of July 14, 2008 N 118-FZ, from 07.12.2011 N 417-FZ, from 07/13/2015 N 244-FZ)

15. The boundaries of water protection zones are prohibited:

1) the use of wastewater in order to regulate soil fertility;

(as amended by Federal Law of 21.10.2013 N 282-FZ)

2) accommodation of cemeteries, cattle bikes, facilities for placing production and consumption, chemical, explosive, toxic, poisoning and toxic substances, radioactive waste disposal points;

(as amended by federal laws from 11.07.2011 N 190-FZ, from 29.12.2014 N 458-FZ)

3) the implementation of aviation measures to combat harmful organisms;

(as amended by Federal Law of 21.10.2013 N 282-FZ)

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

5) the placement of gas stations, flavors of fuel and lubricants (except for cases, if the gas stations, the warehouses of fuel and lubricants are placed in the territories of ports, shipbuilding and ship repairing organizations, inland waterway infrastructure, subject to the requirements of environmental protection legislation and of this Code), maintenance stations used for technical inspection and repair of vehicles, carrying out vehicle washing;

(clause 5 introduced by federal law of 21.10.2013 N 282-FZ)

6) placement of specialized repositations of pesticides and agrochemicals, the use of pesticides and agrochemicals;

(clause 6 introduced by Federal Law of 21.10.2013 N 282-FZ)

7) waste discharge, including drainage, waters;

(Section 7 introduced by federal law of 21.10.2013 N 282-FZ)

8) intelligence and mining of common minerals (except in cases where exploration and mining of common minerals are carried out by subsoil users who exploration and production of other types of minerals, within the borders of the Ministry of Mountains provided to him in accordance with the legislation of the Russian Federation on the borders of the Ministry of Nations and (or ) Geological discharges on the basis of an 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").

(paragraph 8 introduced by Federal Law of 21.10.2013 N 282-FZ)

16. Design, construction, reconstruction, commissioning, operation of economic and other facilities are allowed within the boundaries of water protection zones, subject to the equipment of such facilities that ensure the protection of water bodies from pollution, clogging, planting and exhausting water in accordance with water legislation and legislation in Environmental Protection Areas. The choice of the type of structure that ensures the protection of the water object from contamination, clogging, planting and exhausting waters is carried out taking into account the need to comply with the regulations established in accordance with legislation in the field of environmental protection of permissible discharges of pollutants, other substances and microorganisms. For the purposes of this article under facilities that ensure the protection of water bodies from pollution, clogging, planting and depletion of water, are understood:

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

2) structures and systems for the discharge (discharge) of wastewater into centralized drainage systems (including rain, tales, infiltration, polyvual and drainage waters) if they are intended for the reception of such water;

Good day!

The purpose of establishing the coastal protective band is set forth in the Decree of the Government of the Russian Federation of January 10, 2009. N 17 "On approval of the rules for establishing the boundaries of the water protection zones and boundaries of coastal protective bands of water objects" Art. 2:

The establishment of boundaries is aimed at informing citizens and legal entities on the special regime of economic and other activities in order to prevent pollution, clogging, planting water objects and the depletion of their water, maintaining the habitat of water biological resources and other objects of animal and plant world within the boundaries of water protection zones and On additional limitations of economic and other activities within the boundaries of coastal protective strips.

And the coastline of the Water Object of General use is in accordance with Part 6 of Art. 6 VK RF:

6. The land strip along the coastline (the boundaries of the water object) of the Water Object (coastline) is intended for general use. The width of the coastline of the general use of public facilities is twenty meters, With the exception of the coastline of the channels, as well as rivers and streams, the length of which is from the source to the mouth of no more than ten kilometers. The width of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is five meters.

7. The coastline of swamps, glaciers, snowflates, natural yields of groundwater (springs, geysers) and other water objects provided by federal laws are not determined.

8. Each citizen has the right to use (without the use of mechanical vehicles) by the coastal strip of public areas for moving and staying near them, including for the implementation of amateur and sports fisheries and mooring floating funds.

That is, the coastal protective strip is established to limit certain types of economic activity that may cause damage to water bodies, and the coastline of the general use of the general use is established to ensure the rights of citizens to access water facilities in state or municipal property.

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

17. In the boundaries of coastal protective bands, along with the limitations established part 15 of this article, restrictions are prohibited:
1) Land disintegration;
2) placement of dumps of blurred soils;

3) collapses of farm animals and organization for them summer camps, baths.

The width of the coastline is 20 m. For all objects, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers.

The width of the coastal protective band is set in accordance with Part 1, part 12, part 13 of Art. 65 VK RF:

11. The width of the coastal protective strip is established depending on the shores of the water object and is thirty meters for reverse or zero slope, forty meters for slope to three degrees and fifty meters for slope three or more degrees.
12. For those located within the borders, the swamp and waste lakes and the corresponding watercourses the width of the coastal protective strip is set in the amount of fifty meters.
13. The width of the coastal protective strip of the river, lakes, reservoirs that have a particularly valuable fisheries (spawning site, feeding, fishes and other aquatic biological resources) is set in the amount of two hundred meters, regardless of the slope of the adjacent lands.

Thus, the coastline of the general use of general use is included in the coastal protective strip, which is at least 30 meters.

In the case of the provision of coastal protective strip to the use of the person who is provided can not limit citizens in accessing the water object

The answer of the lawyer was useful? + 0 - 0

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Clarification of the client

And read well the decisions of the Government of the Russian Federation of 03.12.14. №1300 In this resolution, you can consider each item separately. You can your opinion.

In the last decade, many private real estate facilities were built on the shores of our reservoirs in the cities and villages of the country. But at the same time, legislation, by and large, they did not interest anyone. But construction in such places is illegal. Moreover, the coastal areas of water bodies have a special status. After all, these territories are protected by law, probably, there is something important in them, special ... Let's talk about it in more detail.

What is a water protection zone

Initially, it should be a little sort of terminology. The water protection zone, from the point of view of legislation, is land adjacent to water bodies: rivers, lakes, seas, streams, canals, reservoirs.

These areas have a special mode of operations have been established to prevent clogging, pollution, damage and depletion of water resources, as well as to preserve the habitual habitat of animal and vegetable world, biological resources. Special protective strips are installed on the territory of water protection zones.

Change of legislation

In 2007, the new Water Code of Russia entered into force. In it, compared with the previous document, the water-protection zone (from a legal point of view) has radically changed. More precisely, the sizes of coastal territories were strongly reduced. To understand what we are talking about, we give an example. Until 2007, the smallest width of the water protection zones for rivers (the length of the river) ranged from fifty to five hundred meters, for reservoirs and lakes - three hundred, five hundred meters (depending on the area of \u200b\u200bthe reservoir). In addition, the sizes of these territories were clearly defined by such a parameter as the type of land adjacent to the water object.

The executive bodies of the Russian Federation were determined by the definition of the exact dimensions of water protection zones and coastal protective bands. In certain cases, they set the size of the territory from two to three thousand meters. And what do we have today?

Water protection zones of water bodies: Modern realities

Now the width of the coastal regions is established by the law (Water Code of the Russian Federation Article 65). Water protection zones and coastal protective strips for rivers more than fifty kilometers long limited territory no more than two hundred meters. And the executive authorities at the moment have no right to establish their norms. We obviously see that the water protection zone of the river, even if the largest, is no more than two hundred meters. And this is several times less than the previous standards. It concerns rivers. And what about other water areas? Here the situation is even sadder.

Water protection zones of water objects, such as lakes, reservoirs, decreased in size tenfold. Think only in the figure! Ten times! For water bodies whose area is over a half-kilometer, the width of the zone is now fifty meters. But it was originally five hundred. If the water area is less than 0.5 km, then the water protection zone is not installed in the new code at all. This, apparently, should be understood as the fact that it is simply not? Logic in this situation is completely unclear. Sizes with dimensions, but any reservoir has its own ecosystem, invading which one should not, otherwise it faces the violation of all bioprocesses. So can you leave even a small lake without protection? The exceptions were only those water facilities that are important in fisheries. We see that the water protection zone has undergone not the best changes.

Serious prohibitions in the old editorial office of the Land Code

Previously, the law determined the special regime on the territory of the water protection zone. It was part of a part in a single mechanism of a set of measures to improve the hydrobiological, sanitary, hydrochemical, ecological state of lakes, rivers, reservoirs and seas, as well as the improvement of the surrounding territories. This specialized regime was that almost any activity in water protection zones was prohibited.

In such places, it was not allowed to smash country sites and gardens, arrange parking lots, fertilize the soil. And most importantly, construction in the water protection zone is prohibited without coordination with the competent authorities. As well as the ban on the reconstruction of buildings, communications, mining of minerals, land work, arrangement of country cooperatives.

What was previously forbidden - now allowed

The new code contains only four ban from ten previously visiting the place:

1. The soil fertilizer is not allowed.
2. Such an area cannot become the placement of the cemeteries, cemetery, cemetery, cemetery, burial, chemical and radioactive substances.
3. Aviation persecution measures of pests is not allowed.
4. The coastal strip of the water-protection zone is not a place for movement, parking or parking machines and other techniques. An exception can only be specialized sections with solid coating.

Protective strips are now fenced now only from land unincounding, from pasture arrangement for livestock and camps.

In other words, legislators gave good cooperatives in the coastal lane, car wash, repair, car refill, provide construction areas, etc. In essence, construction in the water protection zone and on the coastline are allowed. Moreover, it is even excluded from the law the obligation to harmonize all types of activities with competent structures (such as Roshodoresurs). But the most incomprehensible is that since 2007 was allowed to privatize the Earth in such places. That is, any environmental zone may go to the property of individuals. And then you can do anything. Although earlier in Art. 28 FZ was a direct ban on the privatization of these lands.

Results of the change in the water code

We see that new legislation is much less demanding about the protection of coastal territories and water resources. Initially, such concepts like a water protection zone, its size and sizes of protective strips were identified by the laws of the USSR. They were based on geographical, hydrological, soil nuances. Considered the possible immediate changes in the coast. The goal was pursued to preserve water resources from pollution and possible depletion, preserving the ecobalans of coastal zones, as they are the habitat of animals. The water protection zone of the river was established once, and the rules operated for several decades. They did not change until January 2007.

No prerequisites were observed to simplify the regime of water protection zones. Environmentalists note that the only goal that was pursued by the legislators when making such fundamental changes is to simply give the opportunity to legalize the natural mass development of the coast area, which has grown in the last ten years. However, all that was illegally built during the period of the old law, cannot be legalized since 2007. This is only possible in relation to those facilities that originated since the entry into force of new norms. All that was previously, naturally, falls under earlier regulations and documents. So, can not be legalized. This is such a collision.

What can liberal politics

The establishment of such a soft regime of the reservoirs and their coastal zones, the permit to build structures in these places will be adversely affected by the state of nearby territories. The water protection zone of the reservoir is designed to protect the object from pollution, from negative changes. After all, this can lead to a violation of a very fragile ecological balance.

What, turn, will affect the lives of all organisms and animals living in this territory. The beautiful lake in the forest can turn into an overgrown swamp, a fast river - in a dirty dowel. Yes, you never know such examples. Remember how many dacha sites were heard, as people with good intentions tried to improve the earth ... Only here is not enough: the construction of thousands of cottages on the shore of a huge lake led to the fact that it turned into a terrible smell of a reservoir in which it is no longer possible. And the forest in the district is pretty well after the participation of people. And this is not the saddest examples.

Scope of the problem

The water protection zone of the lake, river or other reservoir should be under the closer attention of the law. Otherwise, the problem of one polluted lake or the repository can grow into a global problem of a whole region.

The more reservoir, the more difficult is its ecosystem. Unfortunately, the disturbed natural balance cannot be restored. Live organisms, fish, plants and animals will die. And change something will be impossible. It is probably worth thinking about it.

Instead of pre-school

In our article, we reviewed the problem of water protection facilities today and the importance of compliance with their regime, and also discussed the latest changes in the water code. I would like to believe that mitigation of the norms regarding the protection of water bodies and adjacent territories will not lead to disastrous consequences, and people will be reasonably and carefully to the environment. After all, there is a lot depends on us with you.

The coastal protective strip is the coastal area of \u200b\u200bthe installed width from the water rivation of the water object, which is part of the water-protection zone. [...]

In coastal protective stripes of water protection zones, recreation, water supply, fish and hunting facilities, as well as water intake, port and hydraulic structures, in the presence of a license for water use, are allowed. [...]

Within coastal protective bands, in addition to the restrictions established for water protection zones, the lands are prohibited; applying fertilizers; storage of dumps of blurred soils; grazing and organization of summer cattle camps (except for the use of traditional departments of the waterproof), a device for receiving baths; Installation of seasonal stationary tent townships, the placement of country and Sado-Surgery and selection of areas for individual construction; Movement of cars and tractors, except for cars of special meaning. [...]

In the forests of water protection zones and coastal protective bands, the exercise of the main use of the main use is prohibited. It is allowed to carry out the logging of intermediate use and other forestry activities that ensure the protection of water objects. [...]

Within water protection zones, coastal protective strips are distinguished, which are directly adjacent to water bodies. In addition to restrictions acting in water protection zones, the decay of land is prohibited, the use of fertilizers, the storage of dumps of blurred soils, the installation of seasonal tent cursories, the placement of country and gardening sites, selection of areas for individual construction, gasket of travel and roads, car traffic , tractors and mechanisms. [...]

Within water protection zones, coastal protective bands are installed, in the territories of which additional restrictions of environmental management are introduced. [...]

Within water protection zones, coastal protective stripes are installed, where land excavation, cabbage and forest cortex, placement of livestock farms and camps are prohibited, and other activities. The procedure for establishing the size and boundaries of water protection zones, their coastal protective strips, as well as their use mode are established by the Government of the Russian Federation. In order to protect water facilities, it is planned to establish and other zones: sanitary protection, an emergency environmental situation and an environmental disaster in water bodies. The latter include such where, as a result of economic activities or natural processes, changes occur, threatening the health of people, animal and plant peace, the state of the environment. [...]

Territorial standards include sanitary and protective zones of industrial facilities (individual enterprises or groups, industrial assemblies), water protection zones (including coastal protective bands), sanitary protection belts of superficial and underground water intakes, sanitary protection district. [...]

It is as a result of the establishment of water protection zones and coastal protective strips and a special regime of economic and other activities within their limits, the protection and restoration of surface water bodies is ensured, improving their hydrological regime. [...]

Maintaining in the proper state of water protection zones, coastal protective bands and water-protection signs is assigned to water users. At the same time, the owners of land, landowners and land users, on the lands of which there are water protection zones and coastal protective bands, are obliged to comply with the established mode of using these zones and strips. Thus, the water protection zones and coastal protective bands can be considered rather as limiting the rights to the Earth installed in accordance with Art. 56 Land Code of the Russian Federation. [...]

Additionally, coastal protective bands are installed for the protection of water objects, which are part of the water protection zones, whose territory is directly adjacent to water bodies. They should be occupied by forestry vegetation or served. The minimum width of the bands is established depending on the topographic conditions and types of land, adjacent to the water object. For water bodies of the highest fishery category, coastal protective bands must be at least 100 m. [...]

The procedure for establishing the size and boundaries of water protection zones and their coastal protective strips, as well as their use mode are set by the Government of the Russian Federation. [...]

The provision has established a minimum width of water protection zones and coastal protective strips for different water objects: for rivers, old men and lakes - from the average miniature water river in the summer; for reservoirs - from water riva at a normal retaining level; For seas - from the maximum level of tide; For swamps - from their border (zero depth of peat deposits). The minimum width of the water protection zones is established for the stretches of the river length from their origin: up to 10 km - 50 m, from 10 to 50 km - 100 m, from 50 to 100 km - 200 m, from 100 to 200 km - 300 m, from 200 to 200 500 km - 400 m, from 500 km and more - 500 m. [...]

Special legal mode is set for specific species 3. in. f., To which the water protection zones and coastal protective strips are related. [...]

Decree of the Government of the Russian Federation of November 23, 1996 "On approval of the Regulation on the water protection zones of water bodies and their coastal protective bands" // SZ RF, 1996, No. 49, Art. 5567. [...]

Allocation of such 3. s. Provides Zak-in about the use and protection of natural resources, environmental legislation. The protective ecological zones include water protection zones of water bodies with the coastal protective strips allocated within their coastal protective bands, which are created to protect natural complexes of specially protected natural areas from anthropogenic effects, protective areas to ensure life cycles. [...]

Standards and regimens of water protection zones are determined by the Water Code of the Russian Federation (Article 111) and the Regulation on the water protection zones of water bodies and their coastal protective bands, approved by the Decree of the Government of the Russian Federation of November 23, 1996, the water-protection area is the territory adjacent to the river water areas, lakes, reservoirs and other surface water objects, which establishes a special regime of economic and other activities in order to prevent pollution, clogging, planting and depletion of water bodies, as well as preserving the habitat of animal and plant objects. The water protection zone is created as an integral part of environmental measures, as well as measures to improve the hydrological regime and the technical condition, the improvement of water bodies and their coastal territories. Within water protection zones, coastal protective bands are installed, in the territories of which additional restrictions of environmental management are introduced. [...]

The task of the executive authorities is to bring to the attention of interested organizations and citizens of the resolution (decision) on the boundaries of water protection zones and coastal strips of rivers, lakes, reservoirs and their water protection mode. State control over compliance with the procedure for establishing dimensions and borders, as well as the regime of economic and other activities within the water protection zones and coastal protective bands is entrusted with the executive authorities of the constituent entities of the Russian Federation, basin and other territorial bodies of the use and protection of the Water Fund of the Ministry of Natural Resources of the Russian Federation, specifically Authorized state bodies in the field of environmental protection, government agencies of the use and protection of land and specially authorized forest management bodies within their powers. [...]

Sometimes in legal literature, water protection zones are treated as a kind. However, this position from a formal point of view seems not quite correct. Neither the water code nor the provision on the water protection zones of water bodies and their coastal protective bands determine the water protection zones as a whole as specially protected natural areas. At the same time, the CC of the Russian Federation contains a provision according to which the water protection zones of water objects, which are sources of drinking water supply or spawning sites of valuable species of fish, are declared specially protected areas in the manner established by the Government of the Russian Federation (part 6 of Article 111). As follows from the meaning of Art. 2 of the Law on PAs, the subjects of the Russian Federation have the right to attribute water protection areas to the number of specially protected natural territories, which is already done in some regions (for example, in the Amur region) "10 or city of Moscow. The Land Code refers areas engaged in water protection zones and coastal protective strips, to lands of environmental purposes (see section 2.1). [...]

Lake Baikal has the status of the World Heritage Site and is included in the UNESCO list. This object is one of the largest listed and includes the lake water management (with Olkhon Island and other islands) and its natural environment within the borders of the first catchment. The coastal protective strip of the lake includes low-changed mountainous-taiga landscapes of the ridges of Bar-Guzinsky, Primorsky, Hamar-da-Bana, etc. and the Selenga Delta. More deleted, but environmentally significant sites of Baikal are allocated as a different kind of specially protected natural territories and objects. [...]

When developing the concept of a system of protected natural territories in Russia, its developers proceeded from a broad understanding of protected natural territories3. Protected Natural Territories (OPT) - Natural Territories allocated in nature conservation purposes, for which a special environmental and security regime has been established (especially protected natural areas, forests of various categories of protection, especially protective areas of forest, water protection zones and coastal protective strips, sanitary protection zones Sources of drinking water supply, protective sites allocated for the protection of objects of the animal world, natural landscapes within the boundaries of historical and cul-tour museum reserves, reserved territories, lands of pro-iorozion, pasture protective and traction plantings, other lands that perform environmental functions and related to the lands Environmental protection, etc.). In such an interpretation, specially protected natural areas are an element of a more general system of protected natural territories. [...]

In order to maintain water facilities in a state that meets environmental requirements, ensuring the protection and rational use of water resources in the implementation of economic and other activities in the territory of the Russian Federation, the Water Code of the Russian Federation (from 16.11.95 No. 167-ФЗ) and the Decree of the Government of the Russian Federation "On the approved position On the water protection zones of water bodies and their coastal stripes "from 11/23/96 No. 1404 provides for the establishment of water protection zones and coastal protective strips. Practical work in this direction is carried out by the basin departments of the MPR of Russia, which are preparing lists of the water objects of the region indicating their size. Lists are approved by the orders of the governor. [...]

To maintain water objects in a state that meets environmental requirements, eliminates pollution, clogging and depletion of surface waters and retains the habitat of animals and plants, organize water-protection zones. They are areas adjacent to the water area of \u200b\u200brivers, reservoirs and other surface water bodies; They establish a special mode of use and protection of natural resources, as well as other activities. Within the limits of these zones, coastal protective strips are installed, where it is not allowed to break the land, cutting the forest, place farms, etc. [...]

It should be especially paid for a special justification for the appointment of Pz in Cheboksary, the creation of artificial watercourses and water bodies as protected objects, sewage ponds for wastewater, etc. due to the fact that the natural waters of Cheboksary are characterized by a high degree of contamination, their rehabilitation is necessary. This is a complex of impacts on natural water and other components of the ecosystem in order to return the last lost properties and qualities (Orlov, Chernogayeva, 1999). Inside, Cheboksary, the coastal protective strip with the most rigid regime should be selected, although this measure will cause a negative attitude from the owners of dacha and garages placed in the valleys of small rivers. It should not scare us, since it is the river valleys that are an ecological frame for the city. Pz in Cheboksary must be observed not only for open natural beds, but also for channels, watercourses in pipes, collectors, embankments, etc. Therefore, when arranging embankments in their soles, drainage should be organized, filters to ensure hydraulic coupling underground and surface water. In addition, such a relationship always arises when trying to frowning streams and ravines, the beds of the bed and so on. At the same time, unruly streams and other groundwater are formed, which should also be taken into account when adjusting the vz. It is obvious the inadmissibility of the discharge of untreated storm and melting waters into the hydrographic network of the city, from which they then fall into the Cheboksary reservoir. [...]

The milestone, with its simplicity, has disadvantages, considerable wood losses associated with the release of logs on the shore and especially with their sharpening. The most quickly drown and wet deciduous rocks: birch, aspen, maple, etc. The milestone affects the natural state of rivers and causes great damage to fisheries. Sunny wood and bark littered the channel, and when they are decomposed, oxygen is absorbed and harmful substances that poison water are distinguished. Swimming logs often traumatize the fish, which is spawn, destroy the spawn, and the coast, which contributes to the row of the bed. To facilitate the control of the wood alloy, the coastal protective strip of shrubs is usually cut down, which leads to intensive wrapping of the coast, contributes to the root of the channel and pollution of water with surface drains. [...]

Administrative responsibility for water offenses. Perhaps, during the administrative reform, this part of Russian legislation (except for the introduction of general compositions of environmental offenses) was subjected to the greatest changes. The legislator made a decision not only to significantly expand the list of compositions of water misconduct, but also used to maximize the means of legal equipment in the formulation of signs of the subject and objective side, having put them with specifying them. So, in the Code of the Russian Federation on administrative offenses is contained in part 1 of Art. 7.2 The compositions of the destruction or damage to observational modest wells on groundwater, observational modest triggers on water bodies, water and water-protection information signs, signs that determine the boundaries of coastal protective strips and water protection zones of the water object; in art. 7.6 -Sostables of unauthorized water facility or its part and use them without permission (license) or without a contract or in violation of the permit conditions (license), contract; in art. 7.7 - the composition of damage to the hydrotechnical, water management, water protection, devices or installation; in art. 7.8 - the compositions of the unauthorized activity of the land plot of the coastal protective strip, the water-protection zone of the water object or the zone (district) of the sanitary protection of the sources of drinking and economic and domestic water supply; in art. 7.10 -Sosts of unauthorized assignment of the right to use a water and unauthorized exchange of a water object; in art. 8.12 - Sostava violations of the order of removal of land plots, the procedure for providing forests in water protection zones and coastal stripes of water bodies, violations of their use; In Art. [...]

In 1999-2000 When checking the execution of water legislation (due to the pollution of the water area, more than 5.6 thousand violations were revealed, 2360 persons were brought to various types of legal liability, as a result of the deposits of 1912 prosecutors, as well as 42 illegal legal act. Prosecutor's checks were established that in the zone of the Ivankovsky reservoir - the main source of drinking water supply in Moscow, from which 6 million cubic meters are submitted per day. M Water for the capital, no more than 20% of the treatment facilities are actually functioning, while from the territories of enterprises and 27 settlements comes annually over 100 million cubic meters. M wastewater, half of which is not cleared to the regulatory level. Prosecutor's Office workers have achieved the repair of wastewater treatment plants at 12 enterprises, the introduction of water treatment facilities with a capacity of 2000 cu. m on the poultry farm "Waldovskaya", moving from the banks of the reservoir of 14 objects, including 4 livestock complexes, about 40 objects at the request of the prosecutor's office passed the state environmental impact assessment, more than 200 violations were suppressed, in particular unauthorized development in the 15-meter coastal protective strip, Unauthorized construction of berths and elling, etc., suspended unauthorized construction of more than 30 cottages, the village of green boron for 300 houses, was stated to the court, nine lawsuits about the demolition of unauthorized buildings, of which five were already satisfied.