Restrictions on construction in the water protection zone. Water protection zone of the river and its legal regime

1. Water protection zones are territories that are adjacent to the coastline of seas, rivers, streams, canals, lakes, reservoirs and in which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and their depletion waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.
2. Coastal protective strips are established within the boundaries of water protection zones, in the territories of which additional restrictions on economic and other activities are introduced.
3. Outside the territories of cities and other populated areas, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protective strip are established from the corresponding coastline, and the width of the water protection zone of the seas and the width of their coastal protective strip - from the line maximum tide. In the presence of centralized storm drainage systems and embankments, the boundaries of the coastal protective strips of these water bodies coincide with the parapets of the embankments; the width of the water protection zone in such territories is established from the embankment parapet.

4. The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length of:
1) up to ten kilometers - in the amount of fifty meters;
2) from ten to fifty kilometers - in the amount of one hundred meters;
3) from fifty kilometers or more - in the amount of two hundred meters.
5. For a river or stream less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protection strip. The radius of the water protection zone for the sources of a river or stream is set at fifty meters.
6. The width of the water protection zone of a lake or reservoir, with the exception of a lake located inside a swamp, or a lake or reservoir with a water area of less than 0.5 square kilometers, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

7. The width of the water protection zone of Lake Baikal is established by Federal Law of May 1, 1999 N 94-FZ “On the protection of Lake Baikal”.
8. The width of the sea water protection zone is five hundred meters.
9. Water protection zones of main or inter-farm canals coincide in width with the allotment strips of such canals.
10. Water protection zones for rivers and their parts placed in closed collectors are not established.
11. The width of the coastal protective strip is established depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three degrees or more.
12. For flowing and drainage lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protective strip is set at fifty meters.
13. The width of the coastal protective strip of a lake or reservoir that is of particularly valuable fishery importance (spawning, feeding, wintering areas for fish and other aquatic biological resources) is set at two hundred meters, regardless of the slope of the adjacent lands.
14. In the territories of populated areas, in the presence of centralized storm drainage systems and embankments, the boundaries of coastal protective strips coincide with the parapets of the embankments. The width of the water protection zone in such territories is established from the embankment parapet. In the absence of an embankment, the width of the water protection zone or coastal protective strip is measured from the coastline.
(as amended by Federal Laws dated July 14, 2008 N 118-FZ, dated December 7, 2011 N 417-FZ)
15. Within the boundaries of water protection zones it is prohibited:
1) use of wastewater for soil fertilization;
2) placement of cemeteries, cattle burial grounds, burial sites for production and consumption waste, chemical, explosive, toxic, poisonous and poisonous substances, radioactive waste disposal sites;
(as amended by Federal Law dated July 11, 2011 N 190-FZ)
3) implementation of aviation measures to combat pests and plant diseases;
4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.
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 No. 118-FZ of July 14, 2008)
17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, the following are prohibited:
1) plowing of land;
2) placement of dumps of eroded soils;
3) grazing farm animals and organizing summer camps and baths for them.
18. The establishment on the ground of the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies, including through special information signs, is carried out in the manner established by the Government of the Russian Federation.
(Part eighteen as amended by Federal Law No. 118-FZ of July 14, 2008)

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 states 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, and guarantees the safety of animals and plants located there. Protecting the existing natural balance, the Water Protection Code of the Russian Federation determines the rules of use, punishment for violation of adopted resolutions and regulations for the use of the water protection zone.

In order to avoid troubles that may arise after the completion of construction and when issuing a certificate of ownership, violations of the law should be prevented. When obtaining a development permit or registering home ownership, you will have to deal with unforeseen circumstances. The best option is to obtain prior approval and obtain 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 court order.

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

Do not forget that the liquidation work is paid for by the violator, and the funds are recovered from the perpetrator through enforcement proceedings.

Restrictions on construction in the water protection zone

The protection of the water protection zone is carried out in accordance with established standards. The approved shoreline is the starting point for all planning permission measurements. The use of the shoreline has restrictions on the implementation of various types of activities and depends on the distance from the source of the reservoir.

For example, the width of the strip on which construction is not allowed is is for rivers:

if it is less than 10 km from the source, 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 a retreat of 200 m is required.

The calculation of the indentation from the water in the case of lakes and other closed water reservoirs is carried out depending on the perimeter of the coastline and the surface area of the object. For example, if a 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 seashore, the distance for development is significantly higher and is set at 500 m.

If the river has a short length, less than 10 km, then the water protection zone coincides with the shore. An exception is made for activities carried out directly near the source of a stream or small river. You will have to retreat 50 m from the shore, otherwise the ban on construction near a 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 close proximity to the reservoir, after watering and irrigation, wastewater enters the reservoir;
the formation of animal burials, cemeteries or storage of industrial waste, especially of increased toxicity, is unacceptable in the zone;
Plowing of plots is not permitted. The coastline should not be exposed to heavy equipment, the formation of earthen debris and other actions leading to soil erosion;
it is forbidden to graze livestock or set up summer paddocks in the protection zone;
the movement of all types of transport, the formation of spontaneous or planned parking is prohibited.

Despite all existing restrictions, construction in compliance with established rules is permitted by law. This will require the issuance of additional permits and the inclusion in the design documentation of equipment and devices to protect the nearby water body.

In the last decade, many private properties have been built on the banks of our water bodies in the cities and villages of the country. But at the same time, legal norms were not observed at all; by and large, no one was interested in them. But construction in such places is illegal. Moreover, coastal areas of water bodies have a special status. It’s not for nothing that these territories are protected by law; there’s probably something important and special about them... Let’s talk about this in more detail.

What is a water protection zone

First, you should understand a little terminology. A water protection zone, from a legislative point of view, is land adjacent to bodies of water: rivers, lakes, seas, streams, canals, and reservoirs.

In these areas, a special regime of activity has been established to prevent clogging, pollution, spoilage and depletion of water resources, as well as to preserve the usual habitat of flora and fauna, and biological resources. Special protective strips are installed on the territory of water protection zones.

Changes in legislation

In 2007, the new Water Code of Russia came into force. In it, in comparison with the previous document, the regime of the water protection zone was radically changed (from a legal point of view). More precisely, the size of coastal territories was greatly reduced. To understand what we are talking about, let's give an example. Until 2007, the smallest width of water protection zones for rivers (the length of the river is important) ranged from fifty to five hundred meters, for reservoirs and lakes - three hundred, five hundred meters (depending on the area of the reservoir). In addition, the size of these territories was clearly determined by such parameters as the type of land adjacent to the water body.

The determination of the exact dimensions of water protection zones and coastal protective strips was carried out by the executive authorities of the Russian Federation. In certain cases they set the size of the territory from two to three thousand meters. What do we have today?

Water protection zones of water bodies: modern realities

Now the width of coastal areas is established by law itself (Water Code of the Russian Federation, Art. 65). Water protection zones and coastal protective strips for rivers longer than fifty kilometers are limited to an area of no more than two hundred meters. And executive authorities currently do not have the right to set their own standards. We clearly see that the water protection zone of the river, even the largest one, is no more than two hundred meters. And this is several times less than previous standards. This concerns rivers. What about other water areas? Here the situation is even sadder.

Water protection zones of water bodies, such as lakes and reservoirs, have decreased in size tenfold. Just think about the numbers! Ten times! For reservoirs with an area of more than half a kilometer, the width of the zone is now fifty meters. But initially there were five hundred. If the water area is less than 0.5 km, then the water protection zone is not established by the New Code at all. This, apparently, should be understood as the fact that it simply does not exist? The logic in this situation is completely unclear. They are large in size, but any body of water has its own ecosystem, which should not be invaded, otherwise it threatens to disrupt all biological processes. So is it really possible to leave even a small lake unprotected? The only exceptions were those water bodies that are important in fisheries. We see that the water protection zone has not undergone the best changes.

Serious prohibitions in the old version of the Land Code

Previously, the law determined a special regime in the water protection zone. It was an integral part of a single mechanism for a set of measures to improve the hydrobiological, sanitary, hydrochemical, and ecological state of lakes, rivers, reservoirs and seas, as well as the improvement of surrounding areas. This specialized regime consisted of prohibiting almost any activity in water protection zones.

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

What was previously prohibited is now allowed

The new code contains only four prohibitions out of ten that previously existed:

Fertilizing the soil with wastewater is not permitted.
Such a territory cannot become a location for livestock burial grounds, cemeteries, or the burial of toxic, chemical and radioactive substances.
Airborne pest control measures are not permitted.
The coastal strip of the water protection zone is not a place for traffic, parking or parking of cars and other equipment. The only exceptions may be specialized areas with hard surfaces.

Protective belts are currently protected by law only from plowing of land, from the development of pastures for livestock and camps.

In other words, legislators gave the go-ahead to place dacha cooperatives, car washes, repairs, refueling cars in the coastal strip, provide areas for construction, etc. In essence, construction is allowed in the water protection zone and on the coastline. Moreover, the obligation to coordinate all types of activities with competent structures (such as Rosvodoresurs) is even excluded from the law. But the most incomprehensible thing is that since 2007 it has been allowed to privatize land in such places. That is, any environmental protection zone can become the property of private individuals. And then they can do whatever they want with it. Although earlier in Art. 28 Federal Law there was a direct ban on the privatization of these lands.

Results of changes to the Water Code

We see that the new legislation is much less demanding for the protection of coastal areas and water resources. Initially, such concepts as a water protection zone, its dimensions and the dimensions of protective strips were defined by the laws of the USSR. They were based on geographical, hydrological, and soil nuances. Possible near-term changes in the coast were also taken into account. The goal was to preserve water resources from pollution and possible depletion, and to preserve the ecological balance of coastal zones, since they are habitats for animals. The river's water protection zone was established once, and the rules were in effect for several decades. They did not change until January 2007.

There were no prerequisites for simplifying the regime of water protection zones. Environmentalists note that the only goal pursued by legislators when introducing such fundamental changes was simply to provide an opportunity to legitimize the spontaneous mass development of the coastal area, which has been growing over the past ten years. However, everything that was illegally built during the period of the old law cannot be legalized since 2007. This is only possible in relation to those structures that have arisen since the entry into force of the new norms. Everything that was previously, naturally, falls under earlier regulations and documents. This means it cannot be legitimized. This is how a conflict arose.

What can liberal policies lead to?

The establishment of such a soft regime for reservoirs and their coastal zones, and permission to build structures in these places will have a detrimental effect on the condition of nearby territories. The water protection zone of the reservoir is designed to protect the facility from pollution and negative changes. After all, this can lead to disruption of a very fragile ecological balance.

Which, in turn, will affect the lives of all organisms and animals living in this territory. A beautiful lake in the forest can turn into an overgrown swamp, a fast river into a dirty creek. You never know how many such examples can be given. Remember how many dacha plots were given away, how people with good intentions tried to improve the land... Only bad luck: the construction of thousands of dachas on the shore of a huge lake led to the fact that it turned into a terrible, stinking resemblance to a reservoir in which it is no longer possible to swim. And the forest in the area has thinned out considerably due to the participation of people. And these are not the saddest examples.

Scale of the problem

The water protection zone of a lake, river or other body of water must be under the close supervision of the law. Otherwise, the problem of one polluted lake or storage facility can develop into a global problem for an entire region.

The larger the body of water, the more complex its ecosystem is. Unfortunately, the disturbed natural balance cannot be restored. Living organisms, fish, plants and animals will die. And it will be impossible to change anything. It's probably worth thinking about this.

Instead of an afterword

In our article, we examined the current problem of water protection facilities and the importance of complying with their regime, and also discussed the latest changes to the Water Code. I would like to believe that easing the rules regarding the protection of water bodies and adjacent areas will not lead to catastrophic consequences, and people will treat the environment wisely and with care. After all, a lot depends on you and me.

Article 65 of the Water Code:

Water protection zones(WHO) – territories that are adjacent to the coastline of water bodies and where a special regime of activities is established to prevent pollution, etc. of water bodies and water depletion, as well as to preserve the habitat of aquatic biological resources.

Within the boundaries of water protection zones, coastal protective strips(PZP), in the territories of which additional restrictions are introduced.

WHO width And PZP installed:

Outside the territories of settlements – from coastline,

For the seas - from high tide lines;

If there are embankment parapets and sewerage, then the boundaries of the PZP coincide with this embankment parapet, from which the width of the WHO is measured.

WHO width is:

For rivers and streams less than 10 km from the source to the mouth, WHO = LWP = 50 m, and the radius of the WHO 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 a water area of more than 0.5 km 2 = 50 m

WHO reservoirs on a watercourse = WHO width of this watercourse

WHO main or inter-farm canals = canal right-of-way.

WHO sea = 500 m

WHO is not established for swamps

PZP width is set depending on the slope of the shore of the water body:

Reverse or zero slope PZP = 30 m.

Slope from 0 to 3 degrees = 40 m.

More than 3 degrees = 50 m.

If the water body has especially valuable fishery value(places of spawning, feeding, wintering of fish and aquatic biological resources), then the surface area is 200 m, regardless of the slope.

PZP lakes within the boundaries of the swamps And watercourses= 50 m.

Within WHO boundaries prohibited:

Use of wastewater for fertilizer;

Placement of cemeteries, cattle burial grounds, places of burial of production and consumption waste, chemical, toxic and noxious substances and radioactive waste;

Use of aviation measures to combat pests and plant diseases;

Movement and parking of vehicles (except for special ones), with the exception of movement and parking on roads and in specially equipped places with hard surfaces.

For sites on WHO territory treatment facilities are required, including treatment facilities for stormwater drains.

Within the boundaries of the PZP prohibited:

Same restrictions as for WHO; Use of wastewater for fertilizer;

Plowing the land;

Placement of dumps of eroded soils;

Grazing farm animals and organizing summer camps and baths for them.

Engineering, technical and technological activities

1. Selection of machinery and equipment, raw materials and supplies, technological processes and operations with less specific impact on the aquatic environment:

a. efficient water consumption schemes (circulating systems);

b. optimal routing schemes for utility networks,

c. low-waste technologies, etc.

2. Organized disposal and treatment of industrial wastewater. When constructing a new facility, choose a separate drainage system for storm, industrial and domestic wastewater.

3. Collection and separate treatment of wastewater contaminated with petroleum 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 storm water pollution (cleaning up areas).

7. Special measures for construction (construction site equipment, cleaning and wheel washing stations).

8. Reduction of unorganized wastewater;

9. Limiting the amount of wastewater contaminated with petroleum products discharged into storm drain systems.

10. Equipping with means of monitoring the efficiency of installations and equipment for environmental purposes (grease traps, VOCs).

11. Measures for the removal and temporary storage of soil and plant soil with separate storage of the fertile soil layer and potentially fertile rocks;

12. Carrying out vertical planning and landscaping of the territory of engineering facilities, improvement 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 self-government body, the construction site can be equipped... points for cleaning or washing vehicle wheels at exits, and on linear objects - in places indicated by local self-government bodies.

If it is necessary to temporarily use certain territories not included in the construction site for construction needs that do not pose a danger to the population and the environment, the regime of use, protection (if necessary) and cleaning of these territories is determined by agreement with the owners of these territories (for public territories - with local self-government body).

P. 5.5. The contractor ensures the safety of the work for the environment, while:

Provides cleaning of the construction site and the adjacent five-meter area; garbage and snow must be removed to the places and times established by the local government;

Not allowed release of water from the construction site without protection against erosion surfaces;

At drilling works takes measures to preventing overflow groundwater;

Performs neutralization And organization industrial and domestic wastewater...

VOC. MU 2.1.5.800-99. Drainage 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 epidemics include the following types of wastewater:

Domestic wastewater;

Municipal mixed (industrial and domestic) wastewater;

Wastewater from infectious diseases hospitals;

Wastewater from livestock and poultry farming facilities and enterprises for processing livestock products, wastewater from wool washers, biofactories, meat processing plants, etc.;

Surface storm drains;

Mine and quarry wastewater;

Drainage waters.

3.5. In accordance with sanitary rules for the protection of surface waters from pollution, wastewater hazardous in epidemic terms, must be disinfected.

The need for disinfection of wastewater of these categories is justified by the conditions of their disposal and use in agreement with the state sanitary and epidemiological authorities in the territories.

Wastewater is subject to mandatory disinfection when discharged into water bodies recreational And sports purpose, during their industrial reuse, etc.

Acceptance Water Code In general, this is a positive step in legislative activity. The main task Water Code there was and is protection of water bodies from pollution, primarily created by industrial enterprises, economic activities of various organizations and individuals. It seems that everything is fine here and we should only be happy about it. But it turns out everything is so simple. Some articles of the law directly or indirectly affected recreational fishing. How? Let's try to figure this out.

Let's consider one of the articles of the Water Code, which caused numerous disputes, a lot of discussions and bewilderment, how much bewilderment there is, sometimes just indignation. This is chapter 6" Protection of water bodies", Article 65, part 15, paragraph 4. Here's what it says:

"Within the Borders water protection zones Driving and parking are prohibited vehicles(except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces."

There are fishermen who go fishing on foot. This point, of course, does not concern them, but, nevertheless, the vast majority of fishing lovers come to fishing on personal motor transport. And here a lot of questions arise.

Firstly, how to carry equipment over such a distance up to coastline, because the width water protection zone generally, depending on the reservoir, from 50 to 200 meters. Modern fishing involves a fairly weighty set of gear and other means necessary for fishing. Not everyone is young, not everyone is an athlete. And after fishing you still have to drag the catch, and, as a rule, uphill. And you also need to grab the trash. Many complain that they cannot calmly go fishing, if they don’t see theirs next to them car. There were cases when they removed the wheels and entered the interior. There are no guarded sites on reservoirs, far from civilization.

If you read Article 65 carefully Water Code, then you will understand that traffic on roads and parking on the roads in water protection zones are not prohibited. Then the question arises: what is a road from the point of view of the Law. Federal Law No. 196-FZ “On Road Safety”, adopted on November 15, 1995, as amended on December 28, 2013, Article 2 reads:

"Road- a strip of land or a surface of an artificial structure equipped or adapted and used for the movement of vehicles. The road includes one or more carriageways, as well as tram tracks, sidewalks, curbs and dividing strips, if any."

Of the things listed in the last sentence, we are only interested in the side of the road. In other words, if within water protection zone passes road, including dirt, then you can move along it and leave car on the side of the road. Specially equipped parking on the banks reservoirs in the vast majority of cases absent. Therefore, there is nowhere else for vehicles to park except on the side of the road. And if your automobile moves off the road and stops on the grass near the shore, then there is a clear violation of the Law.

Here's another article Water Code concerning recreational fishing. This is Article 6 “Public Water Bodies”, Part 8, which reads:

"Every citizen has the right to use (without the use of motor vehicles) coastal strip public water bodies for movement and stay near them, including for carrying out amateur and sports fisheries and mooring of floating craft."

It also mentions mechanical vehicles, i.e. once again it is said what to use road transport within coastal strip it is forbidden.

TERMS

Now we need to define the terms: what is coastline, what's happened coastal strip what is and what is.

Coastline is the boundary of a water body. It is defined for:

1) seas- at a constant water level, and in the case of periodic changes in water level - along the line of maximum ebb;

2) rivers, stream, canal, lakes, a flooded quarry - according to the average long-term water level during the period when they are not covered with ice;

3) pond, reservoirs- according to the normal retaining water level;

4) swamps - along the border of peat deposits at zero depth.

Coastal strip is a strip of land along coastline water body of public use intended for public use. Width coastal strip public water bodies is 20 m, with the exception of coastal strip channels, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers. Width coastal strip channels, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers, is 5 m.

Water protection zone- this is the territory adjacent to coastline seas, rivers, streams, canals, lakes, reservoirs and in which a special regime for carrying out economic and other activities is established in order to prevent pollution, clogging, siltation of the specified water bodies and depletion of their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.

Coastal protective strip- territory within the borders water protection zone, at which additional restrictions on economic and other activities are introduced.

WIDTH

Width water protection zone rivers or streams are established depending on their length from source to mouth: - up to 10 km - 50 m; - from 10 to 50 km – 100 m; - from 50 km and more – 200 m.

Width water protection zone lakes, reservoirs, except lakes located inside a swamp, or lakes, reservoirs with a water area of less than 0.5 square meters. km, set to 50 m. Width water protection zone reservoir located on a watercourse is set equal to the width water protection zone this watercourse.

Width water protection zone Lake Baikal is established separately (Federal Law of May 1, 1999 No. 94-FZ “On the Protection of Lake Baikal”).

Width water protection zone sea is 500 m.

Width coastal protective strip set depending on the slope of the bank water body and is 30 m (from coastline) for a reverse or zero slope, 40 m for a slope of up to 3 degrees and 50 m for a slope of 3 degrees or more.

For flow and waste lakes located within the boundaries of swamps and corresponding watercourses width coastal protective strip is 50 m. Width of coastal protection strip rivers, lakes, reservoirs of particularly valuable fishery importance (places for spawning, feeding, wintering of fish and other aquatic biological resources) is 200 m, regardless of the slope of the adjacent lands. In the territories of populated areas in the presence of centralized storm drainage systems and border embankments coastal protective strips coincide with the parapets of the embankments. Width water protection zone in such areas it is installed from the embankment parapet. In the absence of an embankment, the width water protection zone, coastal protective strip measured from coastline.

LENGTH

If with the concepts " coastline" And " coastal strip"everything is clear - they, by definition, extend throughout the entire body of water, then the question arises: Water protection zone– where is she? Everywhere, throughout body of water, or not? IN water code indicated only width of the water protection zone And coastal protective strip, i.e. distance from shores. What is their length?

Length water protection zone, as well as coastline, equal to the length body of water. And the length coastal protective strip different for different reservoirs. How to find out borders of the coastal protective strip?

BORDERS

Boundaries of water protection zones And borders of coastal protective strips water bodies are installed in accordance with the Decree of the Government of the Russian Federation of January 10, 2009 No. 17 “On approval of the Rules for establishing on the ground boundaries of water protection zones and water bodies."

The Resolution states that the establishment of borders is carried out by state authorities of the constituent entities of the Russian Federation, which ensure the determination width of the water protection zone And width of coastal protective strip for each water body, description of boundaries water protection zones and borders coastal protective strips water body, their coordinates and reference points, display boundaries of water protection zones And borders of coastal protective strips water bodies on cartographic materials, establishing boundaries of water protection zones And borders of coastal protective strips water bodies directly on the ground, including through the placement of special information signs. Boundary Information water protection zones and borders coastal protective strips water bodies, including cartographic materials, are entered into the state water register.

They (state authorities of the constituent entities of the Russian Federation) ensure the placement of special information signs all along the borders water protection zones And coastal protective strips water bodies at characteristic points of the relief, as well as at intersections water bodies roads, in recreation areas and other places where citizens are crowded and maintaining these signs in proper condition.

As a simple person who does not have access to cartographic materials with a description of the borders water protection zones and borders coastal protective strips water body, their coordinates and reference points, can find out the boundaries water protection zone or coastal protective strip? Not otherwise than by availability.

Part 18 of Article 65 caused a lot of discussion Water Code, which deals with the establishment on the ground boundaries of water protection zones And borders of coastal protective strips water bodies, including through special information signs. The article states that, establishing special information signs carried out in the manner established by the Government of the Russian Federation. Those. here you need to know the Decree of the Government of the Russian Federation of January 10, 2009 No. 17 “On approval of the Rules for establishing on the ground boundaries of water protection zones And borders of coastal protective strips water bodies", which determines the Rules for establishing on the ground boundaries of water protection zones And borders of coastal protective strips water bodies. This resolution describes samples information signs.

Regarding information signs about availability water protection zone and its width, a heated discussion broke out among the fishermen. Like, if there is no sign, then there is no prohibition. This is wrong. Unlike road signs, the presence of a sign on body of water possible, but not necessary. Absence information signs, unfortunately, does not exempt you from responsibility, just like ignorance of the laws. A citizen is obliged to independently comply with the requirements of environmental legislation.

Part 5 of Article 6 “Water bodies of public use” states that information about restrictions on water use in water bodies of public use is provided to citizens by local government bodies not only through special information signs, but also through the media. Other methods of providing such information may also be used.

PUNISHMENT FOR VIOLATION

What punishment is provided by the Law for violation of clause 4, part 15 of Art. 65 Water Code?

For violation of clause 4, part 15, art. 65 Water Code(traffic and parking of vehicles within water protection zone And coastal protective strip) administrative punishment according to Part 1 of Art. 8.42 of the Code of the Russian Federation on Administrative Offenses in the form of a fine - from 3,000 to 4,500 rubles for each offender.

OBSTACLE TO FREE ACCESS TO WATER BODY

By the way, you can often see barriers established by certain persons without permission.

Here are excerpts from Article 6 “Public water bodies” Water Code.

Reservoirs that are in state or municipal ownership are water bodies of public use, that is, publicly accessible water bodies, unless otherwise provided by this Code.

Every citizen has the right to have access To water bodies public use and for free use them for personal and household needs, unless otherwise provided by this Code and other federal laws.

strip of land along coastline public water body ( coastal strip) is intended for general use.

For this violation, provided for in Article 8.12.1. Code of Administrative Offenses of the Russian Federation “Failure to comply with the conditions of provision free access citizens to a public water body and its coastal strip", superimposed fine for citizens in the amount of 3,000 to 5,000 rubles; for officials - from 40,000 to 50,000 rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 40,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 200,000 to 300,000 rubles. or administrative suspension of activities for up to 90 days.

IS IT POSSIBLE TO FISH IN THE COASTAL PROTECTIVE BAND?

Not infrequently, fishermen have the following question: Is it prohibited? fishing V water protection zone or coastal protective strip?

No, not prohibited. To understand this, let’s return to Article 65 of Chapter 6 “Protection of Water Bodies” Water Code.

It states that in water protection zones a special regime for carrying out economic and other activities is established, and that within the boundaries coastal protective strips additional restrictions on economic and other activities are introduced.

What economic activity is, I think, is clear, but what “other activity” is requires clarification. Recreational fishing does not fall under the concept of “other activities”. Other activity is, first of all, activity, i.e. This is an economic concept. A fishing- This is rest, not activity. In other words, fishing V coastal protective strips not prohibited. Only entry is limited to motor transport.

GRAZING AND WATERING ON THE SHORE OF FARM ANIMALS

By the way, you can often find shore grazing and watering place for farm animals.

Besides that animal grazing causes certain inconvenience to vacationers and, in particular, fishermen, this is also prohibited by the same article 65 Water Code, part 17 of which reads:

"Within the Borders coastal protective strips along with the restrictions established by part 15 of this article prohibited grazing farm animals and organizing summer camps and baths for them."

IS IT POSSIBLE TO WASH THE CAR ON THE SHORE?

Wash cars next to bodies of water or in environmental protection zones forbidden throughout Russia, they only differ fines in the regions. Also, this action falls under the eighth chapter of the Code of Administrative Offenses: “Administrative offenses in the field of environmental protection and natural resource management.”