The water protection zone of the sea is meters. Water protection zone of a water body. Construction restrictions

IN last decade on the banks of our reservoirs in the cities and villages of the country, many private real estate objects were built. But at the same time, the legislative norms were not observed at all, according to by and large They were of no interest to anyone. But building in such places is illegal. Moreover, the coastal areas of water bodies have a special status. It's not for nothing that these territories are protected by law, probably, there is something important, special in them ... Let's talk about this in more detail.

What is a water protection zone

First, let's understand a little about the terminology. The water protection zone, from the point of view of legislation, is the lands adjacent to water bodies: rivers, lakes, seas, streams, canals, reservoirs.

In these areas, a special regime of activity has been established to prevent clogging, pollution, damage and depletion of water resources, as well as to preserve the habitual habitat of the animal and flora, biological resources. On the territory of water protection zones, special protective strips are installed.

Changing Legislative Regulations

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). To be more precise, the size of coastal territories was greatly reduced. To understand what in question, let's take 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 ​​\u200b\u200bthe reservoir). In addition, the size of these territories was also clearly defined by such a parameter as the type of land adjacent to the water body.

Definition exact dimensions water protection zones and coastal protective belts were dealt with by the executive authorities of the Russian Federation. They're in certain cases 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 coastal areas is established by the law itself (Article 65 of the Water Code of the Russian Federation). Water protection zones and coastal protection strips for rivers with a length of more than fifty kilometers are limited to an area of ​​\u200b\u200bno more than two hundred meters. And executive authorities at the moment do not have the right to establish their own norms. We clearly see that the water protection zone of the river, even the largest, is no more than two hundred meters. And this is several times less than the previous standards. This is about rivers. And what about other water areas? Here the situation is even sadder.

The water protection zones of water bodies, such as lakes, reservoirs, have decreased tenfold in size. Just think about the numbers! Ten times! For bodies of water larger than half a kilometer, the zone is now fifty meters wide. But initially there were five hundred. If the water area is less than 0.5 km, then the New Code does not establish a water protection zone at all. This, apparently, should be understood as the fact that it simply does not exist? The logic in this situation is completely unclear. The dimensions are in size, but any reservoir has its own ecosystem, which should not be invaded, otherwise it threatens to disrupt all biological processes. So how can you leave even a small lake without protection? The only exceptions are those water bodies that are important in fisheries. We see that the water protection zone has undergone not the best changes.

Serious prohibitions in the old version of the Land Code

Previously, the law determined a special regime on the territory of the water protection zone. It was an integral 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 surrounding territories. This specialized regime meant that practically any activity in the water protection zones was prohibited.

In such places it was not allowed to break summer cottages and vegetable gardens, arrange car parking Vehicle, fertilize the soil. And most importantly, it was forbidden to build in the water protection zone without the consent of the competent authorities. And also under the ban fell the reconstruction of buildings, the conduct of communications, mining, land work, the arrangement of dacha cooperatives.

What used to be forbidden is now allowed

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

  1. It is not allowed to fertilize the soil with sewage.
  2. Such a territory cannot become the location of livestock burial grounds, cemeteries, burial of poisonous, chemical and radioactive substances.
  3. Airborne pest control measures are not allowed.
  4. The coastal strip of the water protection zone is not a place for traffic, parking or parking of cars and other equipment. An exception may be only specialized areas with a hard surface.

Protective belts are now protected by law only from plowing land, from arranging pastures for livestock and camps.

In other words, legislators gave the go-ahead to place dacha cooperatives, car wash, car repairs, refueling, provide areas for construction, etc. in the coastal strip. In fact, 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 they have been allowed to privatize land in such places. That is, any protected area can become the property of private individuals. And then they can do whatever they want with it. Although earlier in Art. 28 FZ was a direct ban on the privatization of these lands.

Outcomes of changes in the Water Code

We see that the new legislation is much less demanding on the protection of coastal areas and water resources. Initially, concepts such as a water protection zone, its size and the size of protective strips were defined by the laws of the USSR. They were based on geographical, hydrological, soil nuances. Possible nearest changes of the coast were also taken into account. The goal was to save water resources from pollution and possible depletion, to preserve the ecological balance of coastal zones, since they are habitats for animals. The water protection zone of the river 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. Ecologists point out that the only goal pursued by the legislators when making such drastic changes was simply to make it possible to legitimize the spontaneous mass development of the coastal territory, which has been growing over the past ten years. However, everything that was illegally built during the period of the old law cannot be legalized since 2007. This is possible only in relation to those structures that have arisen since the entry into force of the new norms. Everything that was before, of course, falls under the earlier regulations and documents. This means that it cannot be legalized. Here such a collision arose.

What can liberal politics lead to?

The establishment of such a soft regime of reservoirs and their coastal zones, the permission to build structures in these places will adversely affect 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.

Which, in turn, will affect the life of all organisms and animals living in this area. A beautiful lake in a forest can turn into an overgrown swamp, a fast river into a dirty creek. How many such examples can be given. Remember how much was distributed summer cottages like people with good intentions they tried to ennoble the land ... But that's bad luck: the construction of thousands of summer cottages on the shore of a huge lake led to the fact that it turned into a terrible smelly likeness of a reservoir in which it is no longer possible to swim. And the forest in the district pretty thinned out after 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 should be under the scrutiny of the law. Otherwise, the problem of one polluted lake or storage facility may develop into global problem the whole region.

The larger the body of water, the more complex its ecosystem. 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 it.

Instead of an afterword

In our article, we examined the current problem of water protection facilities and the importance of observing their regime, and also discussed last changes Water Code. I would like to believe that the easing of norms regarding the protection of water bodies and adjacent territories will not lead to catastrophic consequences, and people will reasonably and carefully treat the environment. After all, a lot depends on us.

Installed within city beaches or along the banks of water bodies in countryside. But not everyone knows what a water protection zone is.

From the information posted on the city stands, only data on the size of this very zone can be gleaned. As a rule, on these shields it is written: “Water protection zone. 20 meters.

The information content of such stands for people going on vacation to the shores of water bodies is zero. Tourists, in principle, do not understand what a water protection zone is, what restrictions your stay in this natural area has, how you can relax in such a place, and what you should never do. Therefore, you need to find out what it is on your own, and this should be done before the onset of hot weather. summer days.

What document defines?

Water protection zones are indirectly related to the water itself. The interpretation of this definition is spelled out in Article 65 of the Water Code of the Russian Federation. However, legal language is quite difficult to understand, and this article is no exception.

The article is quite voluminous and includes many nuances regarding not only the definition of the concept as a whole, but also the rules for specific natural areas, for example, for Lake Baikal. In addition, separate paragraphs prescribe the arrangement of water and territorial facilities.

It can be very difficult for a person who is not familiar with legal terminology and the peculiarities of the presentation of the text to navigate this law and "extract" the necessary information from its content. The text is filled with footnotes, amendments, dates of their adoption and other similar additions to the main content.

What is it?

A water protection zone is the entire territory adjacent to any body of water in any of its places. Its length along the line perpendicular to the coast ranges from 50 to 200 meters. For natural monuments and protected areas, such as Baikal, the dimensions are set in a special order, figuratively speaking - individually.

Within this territory, a coastal strip of a water protection zone is established, which has its own boundaries. Regardless of whether there is an information board or not, each body of water that has a permanent channel or depression has its own protected by law coastal zone.

What is the purpose of these zones?

The purpose of creating, or rather separating them from the general landscape of legally protected territories, is to preserve environment and microclimate of the water body.

That is, the presence of such zones prevents:

  • clogging;
  • shallowing;
  • silting;
  • pollution.

This ensures the safety of water resources and prevents such a phenomenon as swamping of the area and depletion of river and lake water sources.

In addition to the above, the coastal water protection zone provides:

  • the integrity of the microclimate;
  • preservation of natural biological processes;
  • maintaining the living conditions of animals and other inhabitants, such as reptiles;
  • extinction prevention certain types plants.

Of course, there are restrictions on the types of activities and ways of recreation in such areas.

What is prohibited?

The entire water protection zone, strips of the coast and areas remote from it are not a place for human economic activity. Although many people believe that the ban applies only to the activities of enterprises, farms, factories and other similar objects, in fact, the provisions of the law are addressed to everyone. That is, they must be performed by both enterprises and individuals.

Forbidden:

  • fertilize soils with sewage and carry out other types of their discharge;
  • arrange all types of biological burials, that is, cemeteries, cattle burial grounds, cesspools, burying and draining food waste;
  • store or dispose of toxic, explosive, chemical, poisonous, radioactive and other similar substances;
  • carry out pollination with chemicals from the air;
  • build gas stations, premises for the use of fuels and lubricants, with the exception of the territories of ports and other water bodies;
  • use pesticides and other types of active agrotechnical substances and fertilizers in economic activities;
  • extract minerals, such as peat.

These regulations are often violated. Moreover, the violators are not at all the owners of farms or enterprises, but rural residents who simply do not know about this law.

Are there such zones only in Russia?

For the first time in the USSR, such a concept as a "water protection zone" was introduced and enshrined in law. It did not touch a water body, such as a port or a pier, and had slightly different than now, geographical boundaries. After the collapse of the USSR, in one form or another, the protection of coastal territories, ensuring the ecological cleanliness of water bodies, was preserved in all former republics.

IN Western Europe, Asia and on the American continent there is no such thing as a water protection area.

How are the boundaries of this zone established?

The starting point for determining the distance at which the border of the water protection zone will lie is the coastline. That is the border line of water and land. For bodies of water with variable indicators, such as seas, the maximum possible boundary of the tide line is taken as the base starting point for measurement.

For a number of natural protected objects, slightly different rules apply. There are also separate additions related to artificially created reservoirs and reservoirs.

All data on the territorial boundaries of these protected areas are subject to mandatory recording in the State Cadastre. And besides this, all information about such zones is also registered in the State Water Register.

What could be the boundaries for river zones?

How wide the water protection zone of an object will be depends on its characteristics. For rivers and streams, it is determined by the length, and for lakes, by area.

The average, generally accepted, legally prescribed sizes of protected areas for riverbeds and streams are as follows (in meters):

The depth of the legally protected territory of 50 meters is set by default for not very long rivers or streams. The limit of the length of water channels with this size of the protective zone is 10 kilometers.

If the river stretches for a distance of 10 to 50 kilometers, then its natural protected area will be larger. For such water bodies, the depth of the legally protected ecosystem is 100 meters.

The water protection zone of the river, with a length of more than 50 kilometers, will go deeper into the landscape. Its border will pass 200 meters from the water line.

What can be the boundaries for zones of other water bodies?

In the absence of any factors requiring individual approach to determine the boundary of the territory of the protected zone, its length for lakes, reservoirs and seas is determined by the general provisions of the law.

The water protection area for lakes and reservoirs is set by default with a length of 50 meters from the water line.

If the reservoir is a reservoir or reserve created on the main watercourse, then the length of the depth of the protective strip should be no less than the width of this watercourse. Measurement is taken at the widest point.

The land penetration width of the protected sea lane is 500 meters by default.

How to behave in this zone?

Unfortunately, the laws prescribing the concept of "water protection zone" do not regulate the behavior of citizens resting on the banks of reservoirs. This is done by the Code of Administrative Violations, which states that:

  • do not leave garbage - plastic, glass, tin, hygiene items, etc.;
  • do not throw a smoldering fire;
  • no need to scatter food waste"to feed" wild animals.

In addition to the basic postulates that determine behavior in nature, one should be conscious in the water protection zone and carefully read the general prohibitions. Most of them can be interpreted for a private weekend getaway.

What not to do in this zone?

Based on the prohibitions common to all listed in the law, it can be assumed that near the water line and on the shore within the boundaries of the water protection area, one should not do the following:

  • park a car, moped, scooter or motorcycle within the zone, and even more so wash the vehicle;
  • bury and pour out food waste;
  • relieve need;
  • bury pets;
  • leave garbage, including parts of transistors, navigators or other devices that have become unusable;
  • enjoy household chemicals and hygiene products, i.e. soap, cleaning and washing powders, shampoos.

In order to wash your hands, it is quite possible to move to a safe distance for the river ecosystem. If this is not possible, then you can limit yourself wet wipes which, along with the rest of the garbage, will need to be taken away with you.

Household chemicals, as well as various technical liquids poured on the shore, violate the natural balance of the ecosystem and poison the water, and hence its inhabitants.

Everyone who at least once traveled out of town faced such a problem as finding a clean place on the shore of a small lake or river. It is no secret that our vacationing citizens leave behind mountains of garbage - from broken smartphones to hygiene items. This, of course, does not need to be done. But also to bury plastic bottles, cans or other types of waste on the coasts is also not allowed. Garbage must be taken away with you and thrown away in the nearest place equipped for its collection.

Is it possible to feed birds and animals?

This question is of interest to many people who are responsible for their own stay in nature.

Seals live in reservoirs, ducks with a brood of chicks swim on the surface, a fluffy squirrel jumps along a tree - such an idyllic picture is not uncommon in the suburbs even major cities. Of course, there is a desire to treat all these living creatures with a delicious rich bun, meat, canned sprats or something else.

However, you need to remember that at the entrances to many protected areas there are signs prohibiting feeding animals. This is not accidental and is not at all dictated by the fact that officials feel sorry for bread for ducks or peanuts for squirrels.

Feeding wild birds and animals leads to a disaster in a local, single ecosystem. Of course, if one single person feeds ducks with a delicious loaf once in a summer, then nothing terrible will happen. But if the place is popular for recreation, and every incoming tourist begins to feed the local inhabitants, then this will inevitably lead to the fact that birds and animals will no longer eat what they are supposed to by nature. As a result, the number of insects, small fish or something else will increase. Thus, the balance in the ecosystem will be disturbed.

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Article 60 1. Water protection zones of water bodies are lands adjacent to 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, silting and depletion of water bodies, as well as to preserve the habitat of flora and fauna objects .

Coastal protective strips are established within 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:
carrying out aviation-chemical works;
application chemicals control of pests, plant diseases and weeds;
usage Wastewater for soil fertilization;
placement of hazardous production facilities where hazardous substances are produced, used, processed, formed, 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, domestic and agricultural waste, cemeteries and animal burial grounds, wastewater storage facilities;
storage of waste and garbage;
refueling, washing and repair of cars and other machines and mechanisms;
placement of dacha, garden and garden plots with a width of water protection zones of water bodies of less than 100 meters and a steepness of the slopes of adjacent territories of more than 3 degrees;
placement of parking lots of vehicles, including in the territories of summer cottages, garden and garden plots;
conducting fellings for the main use;
excavation 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 fellings for intermediate use and other forestry activities that ensure the protection of water bodies.
In cities and other settlements, if available storm sewer and the embankment within the water protection zones of water bodies, it is allowed to place objects for refueling, washing and repairing cars at a distance of no closer than 50 meters, and parking of vehicles - no closer than 20 meters from the water's edge.
3. Within coastal protective strips, in addition to the restrictions specified in paragraph 2 of this article, it is prohibited:
plowing of land;
application of fertilizers;
storage of dumps of eroded soils;
grazing and organization summer camps livestock (except for the use of traditional watering places), the arrangement of bathing baths;
installation of seasonal stationary tent camps, placement of country, garden and garden plots and 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 protective strips applies to the shore of a water body.
4. The width of water protection zones and coastal protective strips outside the territories of cities and other settlements is established:
for rivers, oxbow lakes and lakes (except for stagnant intrabog) - from the average long-term top level during the ice-free period;
for reservoirs - from the average long-term highest level in the ice-free period, but not lower than the forced retaining level of the reservoir;
for the seas - from the maximum tide level.
Water protection zones are not established for swamps. The width of coastal protective strips for swamps at the headwaters of rivers and streams, as well as floodplain swamps, is set from the border of the swamp (zero depth of the peat deposit) in the territory adjacent to it.
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 and more - 500 meters.
For streams less than 300 meters long from source to mouth, the water protection zone coincides with the coastal protective strip.
The radius of the water protection zone for the sources of rivers and streams is 50 meters.
The width of water protection zones for lakes and reservoirs is accepted with a water area of ​​up to 2 sq. kilometers - 300 meters, from 2 sq. kilometers or 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 zones for these canals.
For sections of rivers enclosed in closed collectors, water protection zones are not established.
6. The width of coastal protective strips 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:
having a reverse or zero slope - 30 meters;
having a slope up to 3 degrees - 50 meters;
having a slope of more than 3 degrees - 100 meters.
For intramarsh lakes and streams, the width of the coastal protective strip is set at 50 meters.
The width of coastal protective strips for areas of water bodies of especially valuable fishery importance (spawning grounds, wintering pits, feeding areas) is set at 200 meters, regardless of the slope of adjacent lands.
In urban settlements, in the presence of storm sewers and an embankment, the border of coastal protective strips is combined with the parapet of the embankment.
7. The fixing on the ground with water protection signs of the established pattern of the boundaries of water protection zones and coastal protective strips of water bodies (with the exception of isolated water bodies) 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 informs the population about the establishment of the boundaries of water protection zones, coastal protective strips and the regime of economic and other activities within them in the manner prescribed by Part 9 of Article 41 of this Code.
For the purposes of complying with the legal regime of water protection zones and coastal protective strips, before their boundaries are fixed on the ground with water protection signs, for owners of land plots, landowners, land users and tenants of land plots, the boundaries of water protection zones and coastal protective strips of water bodies are considered established.
8. Information about the boundaries of water protection zones and coastal protective strips shall be entered into the state land cadastre.
9. Coastal protective strips should be predominantly occupied by trees and shrubs or tinned.
10. The maintenance of water protection zones and coastal protective strips, as well as water protection signs, is assigned to the federal executive body for the management of water bodies, water bodies in special use - to water users, and isolated water bodies - to owners.
11. The regime for the use of territories of water protection zones and coastal protective strips in the 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.

1. Water protection zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as the preservation of the habitat of aquatic biological resources and other objects of the animal and plant world.

(in ed. federal law dated 13.07.2015 N 244-FZ)

2. Within the boundaries of water protection zones, coastal protective strips 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 protective strip are established from the location of the corresponding coastline (boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protective strip - from the maximum tide line. In the presence of centralized stormwater 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 areas is set from the parapet of the embankment.

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 and more - in the amount of two hundred meters.

5. For a river, a stream with a length of less than ten kilometers from the source to the mouth, the water protection zone coincides with the coastal protective strip. 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, reservoir, with the exception of a lake located inside a swamp, or a lake, reservoir with a water area of ​​​​less than 0.5 square kilometer, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

(as amended by Federal Law No. 118-FZ of July 14, 2008)

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

(Part 7 as amended by Federal Law No. 181-FZ of June 28, 2014)

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

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

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

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.

12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.

13. The width of the coastal protective strip of a river, lake, 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 adjacent lands.

14. In the territories of settlements, in the presence of centralized stormwater drainage systems and embankments, the boundaries of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such areas is set from the embankment parapet. In the absence of an embankment, the width of the water protection zone, the coastal protective strip is measured from the location of the coastline (boundary of the water body).

(as amended by Federal Laws No. 118-FZ of 14.07.2008, No. 417-FZ of 07.12.2011, No. 244-FZ of 13.07.2015)

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

1) use of wastewater for the purpose of regulating soil fertility;

(as amended by Federal Law No. 282-FZ of October 21, 2013)

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

(as amended by Federal Laws No. 190-FZ of 11.07.2011, No. 458-FZ of 29.12.2014)

3) implementation of aviation pest control measures;

(as amended by Federal Law No. 282-FZ of October 21, 2013)

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 a hard surface;

5) location of petrol stations, warehouses of fuels and lubricants (except for cases when petrol 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), stations Maintenance used for technical inspection and repair of vehicles, vehicle washing;

(Clause 5 was introduced by Federal Law No. 282-FZ of October 21, 2013)

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

(Clause 6 was introduced by Federal Law No. 282-FZ of October 21, 2013)

7) discharge of sewage, including drainage, water;

(Clause 7 was introduced by Federal Law No. 282-FZ of October 21, 2013)

8) exploration and production of common minerals (with the exception of cases where exploration and production of common minerals are carried out by subsoil users engaged in exploration and production of other types of minerals, within the boundaries granted 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").

(Clause 8 was introduced by Federal Law No. 282-FZ of October 21, 2013)

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 facilities that ensure the protection of water facilities from pollution, clogging, silting and depletion of water in accordance with water legislation and legislation in the field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, silting and depletion of water is carried out taking into account the need to comply with the standards for permissible discharges of pollutants, other substances and microorganisms established in accordance with environmental protection legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, silting and depletion of water are understood to mean:

1) centralized systems water disposal (sewerage), centralized storm water disposal systems;

2) structures and systems for diverting (discharging) wastewater into centralized water disposal systems (including rain, melt, infiltration, watering and drainage waters), if they are designed to receive such waters;

3) local treatment facilities for the treatment of wastewater (including rainwater, meltwater, infiltration, watering and drainage water), ensuring their treatment based on the standards established in accordance with the requirements of legislation in the field of environmental protection and this Code;

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

(Part 16 as amended by Federal Law No. 282-FZ of October 21, 2013)

16.1. In relation to territories where citizens conduct gardening or horticulture for their own needs, located within the boundaries of water protection zones and not equipped with wastewater treatment facilities, until they are equipped with such facilities and (or) connected to the systems specified in clause 1 of part 16 of this article, it is allowed the use of receivers made of waterproof materials that prevent the entry of pollutants, other substances and microorganisms into the environment.

(Part 16.1 was introduced by Federal Law No. 282-FZ of October 21, 2013; as amended by Federal Law No. 217-FZ of July 29, 2017)

16.2. In territories located within the boundaries of water protection zones and occupied by protective forests, especially protective areas forests, along with the restrictions established by part 15 of this article, there are restrictions provided for by the legal regime of protective forests established by forest legislation, the legal regime of especially protective forest plots.

(Part 16.2 was introduced by Federal Law No. 538-FZ of December 27, 2018)

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is 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 of the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies, including the designation on the ground 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 Laws No. 118-FZ of 14.07.2008, No. 342-FZ of 03.08.2018)

Water Code (VK) of the Russian Federation deals with the regulation of relations in the field of water use based on the idea of ​​a water body as one of the key components of the environment, the habitat of aquatic biological resources, specimens of flora and fauna. Prioritizes human use of water bodies for drinking and household water supply. Regulates the use and protection of water bodies in Russia, taking into account the needs of people in water natural resources for personal and domestic needs, for the implementation of economic, etc. activities. It is based on the principles of the importance of water bodies as the basis of human life and activity. Defines the restriction or prohibition of the use of certain water bodies.

1. Water protection zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as 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 protective strips 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 protective strip are established from the location of the corresponding coastline (boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protective stripes - from the line of maximum tide. In the presence of centralized stormwater 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 areas is set from the parapet of the embankment.

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 and more - in the amount of two hundred meters.

5. For a river, a stream with a length of less than ten kilometers from the source to the mouth, the water protection zone coincides with the coastal protective strip. 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, reservoir, with the exception of a lake located inside a swamp, or a lake, reservoir with a water area of ​​​​less than 0.5 square kilometer, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

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

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

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

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

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.

12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.

13. The width of the coastal protective strip of a river, lake, 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 adjacent lands.

14. In the territories of settlements, in the presence of centralized stormwater drainage systems and embankments, the boundaries of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such areas is set from the embankment parapet. In the absence of an embankment, the width of the water protection zone, the coastal protective strip is measured from the location of the coastline (boundary of the water body).

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

1) use of wastewater for the purpose of regulating soil fertility;

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

3) implementation of aviation pest control measures;

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 a hard surface;

5) location of petrol stations, warehouses of fuels and lubricants (except for cases when petrol 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 of vehicles;

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

7) discharge of sewage, including drainage, water;

8) exploration and production of common minerals (with the exception of cases where exploration and production of common minerals are carried out by subsoil users engaged in exploration and production of other types of minerals, within the boundaries granted 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 facilities that ensure the protection of water facilities from pollution, clogging, silting and depletion of water in accordance with water legislation and legislation in the field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, silting and depletion of water is carried out taking into account the need to comply with the standards for permissible discharges of pollutants, other substances and microorganisms established in accordance with environmental protection legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, silting and depletion of water are understood to mean:

1) centralized water disposal systems (sewerage), centralized storm water disposal systems;

2) structures and systems for diverting (discharging) wastewater into centralized water disposal systems (including rain, melt, infiltration, watering and drainage waters), if they are designed to receive such waters;

3) local treatment facilities for wastewater treatment (including rainwater, meltwater, infiltration, irrigation and drainage water), ensuring their purification based on the standards established in accordance with the requirements of legislation in the field of environmental protection and this Code;

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

16.1. In relation to territories where citizens conduct gardening or horticulture for their own needs, located within the boundaries of water protection zones and not equipped with wastewater treatment facilities, until they are equipped with such facilities and (or) connected to the systems specified in clause 1 of part 16 of this article, it is allowed the use of receivers made of waterproof materials that prevent the entry of pollutants, other substances and microorganisms into the environment.

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is 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 of the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies, including the designation on the ground by means of special information signs, is carried out in the manner established by the Government of the Russian Federation.


Judicial practice under Article 65 of the Water Code.

    Resolution of September 4, 2018 in case No. А59-5536/2017

    Fifth Arbitration Court of Appeal (5 AAS)

    The parties do not dispute that the work under contract No. 1-2015 dated 04/01/2015 was suspended on the basis of a direct ban, namely: due to the provisions of Article 65 of the Water Code of the Russian Federation and the lack of permits, which is confirmed by the decision of the Sakhalin Regional Court dated 01/25/2016 in case No. 72-11/2016. In doing so, the respondent applied...

    Decision dated August 31, 2018 in case No. А82-17600/2017

    Arbitration Court of the Yaroslavl Region (AC of the Yaroslavl Region)

    To the Gremyachevsky creek and its protected area– up to 10/15/2017. According to the defendant, the actions of the Enterprise violated clause 7 of part 15 of Art. 65 of the Water Code of the Russian Federation, Articles 34, 39, 43.1 of the Federal Law No. 7-FZ "On Environmental Protection", paragraphs 3.2.6, 3.2.43 of the Rules technical operation systems...

    Ruling dated August 31, 2018 in case No. А32-4239/2017

    Fifteenth Arbitration Court of Appeal (15 AAS)

    Yugo-Seversky rural district (vol. 1, case sheet 64); Attached to the decision is a description of the land plot and his scheme (vol. 1, ld 65). Appendix No. 1 on the basis of the indicated resolutions of the head of the Tikhoretsky district Krasnodar Territory No. 907 dated 18.09.01, No. 1302 dated 12.28.01, No. 157 dated 02.22.02, the parties ...

    Decision No. 12-18/2018 7-62/2018 dated August 30, 2018 in case No. 12-18/2018

    Magadan regional court (Magadan region) - Administrative offenses

    The court on the lack of evidence of the implementation of the activities of MUP "Komenergo" for the treatment and discharge of wastewater within the boundaries of the water protection zone of the Talaya River is unfounded. Referring to the provisions of Article 65 of the Water Code of the Russian Federation, Decree of the Government of the Russian Federation of January 10, 2009 No. 17 “On approval of the rules for establishing the boundaries of water protection zones and the boundaries of coastal protective strips ...

    Ruling dated August 30, 2018 in case No. А50-10286/2018

    Seventeenth Arbitration Court of Appeal (17 AAS) - Administrative

    The essence of the dispute: Contesting non-normative legal acts related to the application of environmental protection legislation

    Judicial act. The appeal refers to the fact that the washing box cars put into operation before the amendments to paragraph 5 of part 15 of Art. 65 of the Water Code of the Russian Federation; also points out that Art. 6.5 of the Federal Law of 03.06.2006 No. 73-FZ "On the Enactment of the Water Code Russian Federation» ...

 
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