River Bank Law. River water protection zone and its legal regime
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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 areas 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, with the exception of a lake located inside a swamp, or a lake, a reservoir with a water area of less than 0.5 square kilometers, 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 especially valuable fishery 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 drainage 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 territories 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, siltation 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;
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 water bodies 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 appear 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 preliminary 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 may 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 works are 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 types of activities and depends on the distance from the source of the reservoir.
For example, the width of the lane 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 distance for development 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.
Article 65 of the Water Code:
Water protection zones(WHO) - territories adjacent to the coastline of water bodies and on which a special regime of activity is established to prevent pollution and other water bodies and depletion of water, as well as preserve the habitat of aquatic biological resources.
Within the boundaries of water protection zones, coastal protection strips(PPP), in the territories of which additional restrictions are introduced.
Width WHO and PPP installed:
Outside the territories of settlements - from coastline,
For the seas - from the high tide lines;
If there are embankment parapets and sewerage, then the boundaries of the LZP coincide with this embankment parapet, from which the width of the WHO is measured.
Width WHO is:
For rivers and streams less than 10 km from the source to the mouth, the WHO = BHZ = 50 m, and the WHO radius around the source is 50 m.
For rivers from 10 to 50 km WHO = 100 m
Longer than 50 km, WHO = 200 m
WHO lakes, reservoirs with water area over 0.5 km 2 = 50 m
WHO reservoir on a watercourse = the width of the WHO of that watercourse
WHO main or inter-farm canals = canal right-of-way.
WHO sea = 500 m
WHO is not installed for swamps
Width of the bottom hole set depending on the slope of the coast of the water body:
Reverse or zero slope of BHZ = 30 m.
Slope from 0 to 3 degrees = 40 m.
More than 3 degrees = 50 m.
If a water body has especially valuable fishery value(places of spawning, feeding, wintering of fish and aquatic biological resources), then the PPP is 200 m regardless of the slope.
BZP of lakes within the swamps and streams= 50 m.
Within WHO prohibited:
Use of waste water for fertilization;
Placement of cemeteries, cattle burial grounds, burial sites for production and consumption waste, chemical, toxic and poisonous substances and radioactive waste;
Use of aviation pest and disease control measures;
Movement and parking of vehicles (except for special vehicles), except for movement and parking on roads and in specially equipped places with a hard surface.
For sites on the WHO site obligatory treatment facilities, including treatment facilities for storm drains.
Within the boundaries of the PPP prohibited:
Same restrictions as for WHO; Use of wastewater for fertilization;
Land plowing;
Placement of dumps of eroded soil;
Grazing farm animals and organizing summer camps and baths for them.
Engineering and technological activities
1. The choice of machinery and equipment, raw materials and materials, technological processes and operations with a lower specific impact on the aquatic environment:
a. efficient water consumption schemes (circulating systems);
b. optimal routing schemes for engineering networks,
c. low-waste technologies, etc.
2. Organized drainage and treatment of industrial effluents. When building a new facility, choose a separate drainage scheme for storm water, industrial and domestic wastewater.
3. Collection and separate treatment of waste water contaminated with oil products.
4. Automation of control over the efficiency of local treatment facilities;
5. Prevention of filtration from sewer networks (operation, repair).
6. Measures to prevent pollution of storm water (cleaning of territories).
7. Special measures for construction (construction site equipment, wheel cleaning and washing points).
8. Reduction of fugitive effluents;
9. Limiting the amount of wastewater contaminated with oil products discharged into storm water systems.
10. Equipping with means of monitoring the efficiency of installations and equipment for environmental purposes (grease traps, VOC).
11. Measures for the removal and temporary storage of soil and vegetation with separate storage of the fertile soil layer and potentially fertile rocks;
12. Conducting vertical planning and landscaping of engineering facilities, landscaping of adjacent territories.
13. Special for the construction phase (PIC).
Wheel washing. SNiP 12-01-2004. Organization of construction, clause 5.1
At the request of the local government authority, the construction site can be equipped with ... points for cleaning or washing wheels of vehicles on the outskirts, and on linear objects - in the places indicated by the local self-government bodies.
If it is necessary to temporarily use certain areas that are not included in the construction site for construction needs that do not pose a threat to the population and the environment, the mode of use, protection (if necessary) and cleaning of these areas is determined by agreement with the owners of these areas (for public areas - with OMSU).
Clause 5.5. The contractor ensures the safety of work for the environment, while:
Provides cleaning of the construction site and the adjacent five-meter area; garbage and snow must be removed at the places and terms established by the local government;
Not allowed water discharge from the construction site without protection against erosion surfaces;
At drilling works takes measures to preventing outflow groundwater;
Performs neutralization and organization industrial and domestic wastewater ...
VOC. MU 2.1.5.800-99. Water disposal of populated areas, sanitary protection of water bodies. Organization of State Sanitary and Epidemiological Supervision of Wastewater Disinfection
3.2. The most dangerous in terms of epidemic are the following types of wastewater:
Domestic waste water;
City mixed (industrial and domestic) waste water;
Wastewater from infectious diseases hospitals;
Wastewater from livestock and poultry facilities and enterprises for the processing of livestock products, wastewater from wool washers, biofactories, meat processing plants, etc.;
Surface storm runoff;
Mine and quarry wastewater;
Drainage water.
3.5. In accordance with the sanitary rules for the protection of surface waters from pollution, wastewater, dangerous in an epidemic respect, must be decontaminated.
The need to disinfect wastewater of these categories is justified by the conditions for their disposal and use upon agreement with the state sanitary and epidemiological supervision authorities in the territories.
Wastewater is subject to mandatory disinfection when discharged into water bodies. recreational and sports purpose, with their re-industrial use, etc.
1. Water protection zones are territories that adjoin the coastline of seas, rivers, streams, canals, lakes, reservoirs and where a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and their depletion waters, as well as preservation of the habitat of aquatic biological resources and other objects of fauna and flora.
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 corresponding coastline, and the width of the water protection zone of the seas and the width of their coastal protection strip - from the line 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 areas is established from the embankment parapet.
4. The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length:
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 the reservoir located on the watercourse is set equal to the width of the water protection zone of this watercourse.
7. The width of the water protection zone of Lake Baikal is established by the Federal Law of May 1, 1999 N 94-FZ "On the protection of Lake Baikal".
8. The width of the sea water protection zone is five hundred meters.
9. Water protection zones of the main or inter-farm canals coincide in width with the drainage zones 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 shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.
12. For flowing and 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 lake, a reservoir of especially valuable fishery importance (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters regardless of the slope of the adjacent lands.
14. On the territories of settlements, in the presence of centralized storm drainage 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 territories 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 coastline.
(as amended by Federal Laws of 14.07.2008 N 118-FZ, of 07.12.2011 N 417-FZ)
15. Within the boundaries of water protection zones, it is prohibited:
1) the use of wastewater for soil fertilization;
2) placement of cemeteries, cattle burial grounds, disposal sites for production and consumption waste, chemical, explosive, toxic, poisonous and toxic substances, radioactive waste disposal sites;
(as amended by Federal Law of 11.07.2011 N 190-FZ)
3) implementation of aviation measures to combat plant pests and diseases;
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.
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 and depletion of water in accordance with water legislation and legislation in the field of protection environment.
(as amended by Federal Law of 14.07.2008 N 118-FZ)
17. Within the boundaries of coastal protection zones, along with the restrictions established by part 15 of this article, it is prohibited:
1) plowing of land;
2) placement of dumps of eroded soil;
3) grazing farm animals and organizing summer camps and baths for them.
18. Establishment on the ground of the boundaries of water protection zones and the boundaries of coastal protection zones of water bodies, including by means of special information signs, is carried out in the manner established by the Government of the Russian Federation.
(Part eighteen as amended by Federal Law of 14.07.2008 N 118-FZ)
More on the topic Article 65. Water protection zones and coastal protection zones:
- Article 8.42. Violation of the special regime for the implementation of economic and other activities on the coastal protection zone of a water body, water protection zone of a water body, or the regime for carrying out economic and other activities on the territory of the sanitary protection zone of sources of drinking and domestic water supply
Article 60. Water protection zones of water bodies and coastal protection zones. 1. Water protection zones of water bodies are lands that adjoin the coastline of surface water bodies and on which a special regime of economic and other activities is established in order to prevent pollution, clogging, siltation and depletion of water bodies, as well as preserve the habitat of flora and fauna ...
Coastal protection zones are established within the water protection zones, on the territories of which additional restrictions on economic and other activities are introduced.
2. Within the water protection zones of water bodies, it is prohibited:
aviation chemical works;
the use of chemicals to combat pests, plant diseases and weeds;
the use of wastewater for soil fertilization;
placement of hazardous production facilities where hazardous substances are produced, used, processed, generated, stored, transported and destroyed, the list of which is determined by federal laws;
placement of warehouses for pesticides, mineral fertilizers and fuels and lubricants, sites for refueling equipment with pesticides, livestock complexes and farms, storage and disposal sites for industrial, household and agricultural waste, cemeteries and cattle burial grounds, waste water storage;
storage of waste and garbage;
refueling, washing and repairing cars and other machines and mechanisms;
placement of summer cottages, garden plots and vegetable gardens when the width of water protection zones of water bodies is less than 100 meters and the steepness of the slopes of the adjacent territories is more than 3 degrees;
placement of parking lots for vehicles, including in the territories of summer cottages, garden and vegetable gardens;
final felling;
carrying out earthmoving and other works without the consent of the federal executive body for the management of water bodies in the event that the water body is in federal ownership, and without the consent of the owner in the event that the water body is isolated.
On the territories of water protection zones of water bodies, it is allowed to carry out intermediate felling and other forestry activities to ensure the protection of water bodies.
In cities and other settlements, in the presence of storm sewers and an embankment within the water protection zones of water bodies, it is allowed to place facilities for refueling, washing and repairing cars at a distance of no closer than 50 meters, and parking facilities for vehicles - no closer than 20 meters from the water's edge.
3. Within the coastal protection zones, in addition to the restrictions specified in part 2 of this article, it is prohibited:
plowing of land;
the use of fertilizers;
storage of dumps of eroded soil;
grazing and organizing summer camps for livestock (except for the use of traditional watering places), arrangement of baths;
the installation of seasonal stationary tent camps, the placement of summer cottages, garden and vegetable gardens and the allocation of plots for individual construction;
movement of cars and tractors, except for special purpose vehicles.
The regime of economic and other activities established for coastal protection zones applies to the coast of a water body.
4. The width of water protection zones and coastal protection zones outside the territories of cities and other settlements is established:
for rivers, oxbows and lakes (except for non-flowing intra-boggy ones) - from the average long-term highest level during the ice-free period;
for reservoirs - from the average long-term highest level during the ice-free period, but not lower than the forced backwater level of the reservoir;
for the seas - from the maximum tide level.
No water protection zones are established for swamps. The width of coastal protection zones for bogs in the sources of rivers and streams, as well as floodplain bogs, is established from the boundary of the bog (zero depth of peat deposit) in the adjacent territory.
The width of water protection zones outside the territories of settlements is established for sections of watercourses with a length from their source:
up to 10 kilometers - 50 meters;
from 10 to 50 kilometers - 100 meters;
from 50 to 100 kilometers - 200 meters;
from 100 to 200 kilometers - 300 meters;
from 200 to 500 kilometers - 400 meters;
from 500 kilometers or more - 500 meters.
For streams less than 300 meters 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 rivers and streams is 50 meters.
The width of water protection zones for lakes and reservoirs is taken for an area of up to 2 sq. kilometers - 300 meters, from 2 sq. kilometers and more - 500 meters.
The width of the water protection zones of the seas is 500 meters.
5. The boundaries of the water protection zones of the main and inter-farm canals are aligned with the boundaries of the land allotment bands for these canals.
For river sections enclosed in closed collectors, water protection zones are not established.
6. The width of coastal protection zones for rivers, lakes, reservoirs and other water bodies is established depending on the steepness of the coastal slopes and is, with the steepness of the slopes of the adjacent territories:
with a reverse or zero slope - 30 meters;
with a slope of up to 3 degrees - 50 meters;
with a slope of more than 3 degrees - 100 meters.
For bog lakes and watercourses, the width of the coastal protection strip is set at 50 meters.
The width of coastal protection zones for areas of water bodies of especially valuable fishery value (spawning grounds, wintering pits, feeding grounds) is set at 200 meters regardless of the slope of the adjacent lands.
In urban settlements, in the presence of storm sewers and an embankment, the border of the coastal protective strips is combined with the embankment parapet.
7. Securing the boundaries of water protection zones and coastal protection strips of water bodies (except for isolated water bodies) on the ground with water protection signs of the established pattern is provided by the federal executive body authorized by the Government of the Russian Federation, and the boundaries of isolated water bodies - by the owners.
The federal executive body authorized by the Government of the Russian Federation shall inform the population about the establishment of the boundaries of water protection zones, coastal protection zones and the regime of economic and other activities within their limits in the manner prescribed by part 9 of Article 41 of this Code.
For the purposes of observing the legal regime of water protection zones and coastal protection zones, before fixing their boundaries on the ground with water protection signs, the boundaries of water protection zones and coastal protection zones of water bodies are considered established for land owners, landowners, land users and land tenants.
8. Information about the boundaries of water protection zones and coastal protection zones shall be entered into the state land cadastre.
9. Coastal protection belts should be predominantly occupied by trees and shrubs or tinned.
10. Maintenance of water protection zones and coastal protection zones, as well as water protection signs, is assigned to the federal executive body for the management of water bodies, water bodies in special use - on water users, and isolated water bodies - on owners.
11. The regime for the use of the territories of water protection zones and coastal protection zones in border areas is established by the Government of the Russian Federation on the proposal of the federal executive body authorized by the Government of the Russian Federation.