Good afternoon

The purpose of establishing a coastal protective strip is set out in the Decree of the Government of the Russian Federation of January 10, 2009 N 17 “On approval of the Rules for establishing on the ground the boundaries of water protection zones and the boundaries of coastal protective stripes water bodies" Art. 2:

Establishing boundaries is aimed at informing citizens and legal entities about the special regime for carrying out economic and other activities in order to prevent pollution, clogging, siltation of water bodies and depletion of their waters, preserving the habitat of aquatic biological resources and other animal and flora within the boundaries of water protection zones and on additional restrictions on economic and other activities within the boundaries of coastal protective strips.

And the shoreline of a public water body is in accordance with Part 6 of Art. 6 VK RF:

6. A strip of land along the coastline (border of a water body) of a public water body (shore strip) is intended for public use. The width of the shoreline of public water bodies is twenty meters , with the exception of the coastal strip of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers. The width of the shoreline of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers, is.

five meters

8. Every citizen has the right to use (without the use of mechanical vehicles) the shoreline of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating craft.

That is, the coastal protective strip is established with the aim of limiting certain types of economic activities that may cause damage to water bodies, and the coastal strip of a public water body is established with the aim of ensuring the rights of citizens to access water bodies that are in state or municipal ownership.

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

17. Within the boundaries of coastal 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 of farm animals and organization for them summer camps, bath

The width of the coastal strip is 20 m for all objects, with the exception of the coastal strip of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers - for them it is 5 m.

The width of the coastal protective strip is established in accordance with Part 11, Part 12, Part 13 of Art. 65 VK RF:

11. The width of the coastal 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 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 river, 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.

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

If a coastal protective strip is provided for use, the persons to whom it is provided cannot restrict citizens’ access to the water body

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Client clarification

And read well the resolutions of the Russian government dated December 3, 2014. No. 1300 in this resolution, each point can be considered separately. Can you have your opinion?

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 materials, 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. Water disposal 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.

From time immemorial, people settled and founded cities and villages on the banks of waterways. Our contemporaries also strive to acquire land plots and build Vacation home close to ponds in a picturesque area. Residential and commercial real estate objects grow like mushrooms in the coastal areas of large and small rivers, lakes, and reservoirs. However, developers do not always adhere to the current standards that regulate construction in water protection zone.

The country's legislative bodies adopted new option Water Code, it came into force at the beginning of 2007 and made adjustments, removing many prohibitive norms and softening previously existing requirements. It has now become possible to place garden, vegetable and summer cottage plots in water protection zones, and their privatization is permitted.

What does the legislator mean by the concept of a water protection zone?

A water protection zone is an area that is adjacent to the boundaries of any water body (coastline), where a special procedure for economic and other activities is prescribed, that is, there are restrictions on the use of this territory. The purpose of establishing such a regime is to prevent Negative consequences pollution of rivers and lakes, which can lead to depletion of water resources and cause serious harm to local fauna and flora. Protective coastal strips are located within the boundaries of the protective zones.

To find out whether the site is included in the territory of the water protection zone, it is advisable for the developer to contact the cadastral registration service and make written request to the federal water resources authority, where the water register is maintained at the state level. This will make it possible to accurately determine which part of the site is located in the zone related to special conditions for the use of the territory (in this case, a water protection zone) and its specific area. An official response from the water industry will be required upon receipt. permitting documents for construction and will become the basis for the legitimacy of the developer in the event of any disputes.

Water protection zone: how many meters

The articles of the Water Code indicate the maximum parameter for the width of the water protection zone for territories located outside the city limits and outside the boundaries of any populated areas. It depends on the water body and its characteristics. In order not to conflict with legislative norms, when planning construction, you should know how many meters the water protection zone from the river forms. This parameter is determined by the length of the water flow, which is calculated from the source:

• when the length of the river is up to 10 km, the width of the zone, measured from the water’s edge, is 50 m;
• at 10 - 50 km - 100 m;
• for rivers over 50 km long - 200 m.

In the case when the distance from the source to the mouth of the river is less than 10 km, then the water protection zone and the coastal protective strip coincide, and in the area of ​​the source it covers an area equal to a radius of 50 m.

According to the law, the water protection zone of a lake or reservoir with a water area of ​​less than 0.5 km² (in addition to lakes located inside a swamp) is 50 meters. For reservoirs where species of valuable fish are found - 200 m. On the sea coast, this parameter corresponds to 500 meters.

When a body of water is used to supply drinking water, then according to the law, sanitary protection zones are established around it. And if the land falls into this category, then any construction here is prohibited. Such information is entered into the cadastral passport and indicates existing restrictions on the use of the site.

Construction in the water protection zone of a river or lake

Construction on areas that are fully or partially included in the water protection zone is permitted only on the condition that the house will not pollute the reservoir and all sanitary standards will be met. In other words, a residential building must have at least a wastewater treatment system (filtration). To dot all the i's and get specific and comprehensive information on this issue, it is rational to contact the territorial department of Rospotrebnadzor.

Mandatory environmental assessment is also provided project documentation, which allows to exclude any violations of environmental legislation.

Since surface water bodies and the corresponding coastal strip are state or municipal property, they must be publicly available for use by all citizens, therefore any construction at the water's edge and on a 20-meter strip is unacceptable. At the same time, including the construction of fences that prevent people from free access to the coastal area. According to current legislation The privatization of land plots within the borders of the coastal strip is also prohibited.

At the same time as compliance with the requirements regarding the water protection zone and coastal protective strip when constructing a residential building near a reservoir, it is necessary:

• have ownership rights to the site or have a lease agreement with the right to build on it with a certain type of permitting use (for individual housing construction or subsidiary personal farming;
• comply with construction and sanitary standards and regulations when constructing a structure.

In addition to building restrictions in areas classified as water protection, there are a number of other prohibitions. For example, on coastal protective strips it is prohibited:

• break ground;
• herd animals;
• place soil dumps.

Cautions

Statistics show that during inspections carried out by services that control environmental management, about 20% of developers commit violations when constructing real estate in water protection zones. Therefore, when planning construction on a site adjacent to a lake, reservoir or river, you should determine the water protection zone of the water body and clearly know what construction restrictions exist.

An informed developer will save himself from unnecessary problems, penalties and other more serious troubles. Fines for individuals are small, but the violations are fraught with the fact that they will be required to be eliminated in court, up to and including the forced demolition of the facility.

1. Water protection zones are territories that are adjacent to the coastline (borders of a water body) 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 depletion of their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.

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

2. Coastal protective strips are established within the boundaries of water protection zones, in the territories of which additional restrictions economic and other activities.

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 location of the corresponding coastline (border of the water body), and the width of the water protection zone of the seas and the width of their coastal protective strip stripes - from the line of 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 protective 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, 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 kilometers, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is established equal width 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 Federal law dated May 1, 1999 N 94-FZ "On the protection of Lake Baikal".

(Part 7 as amended by Federal Law dated June 28, 2014 N 181-FZ)

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 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 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 river, 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 areas 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 location of the coastline (the boundary of the water body).

(as amended by Federal Laws dated July 14, 2008 N 118-FZ, dated December 7, 2011 N 417-FZ, dated July 13, 2015 N 244-FZ)

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

1) use of wastewater to regulate soil fertility;

(as amended by Federal Law dated October 21, 2013 N 282-FZ)

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

(as amended by Federal Laws dated July 11, 2011 N 190-FZ, dated December 29, 2014 N 458-FZ)

3) implementation of aviation measures to combat pests;

(as amended by Federal Law dated October 21, 2013 N 282-FZ)

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

5) placement of gas stations, warehouses of fuel and lubricants (except for cases where gas stations, warehouses of fuel 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, washing vehicles;

(Clause 5 introduced by Federal Law dated October 21, 2013 N 282-FZ)

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

(Clause 6 introduced by Federal Law dated October 21, 2013 N 282-FZ)

7) discharge of wastewater, including drainage water;

(Clause 7 introduced by Federal Law dated October 21, 2013 N 282-FZ)

8) exploration and production of common mineral resources (except for cases where exploration and production of common mineral resources is carried out by subsoil users engaged in exploration and production of other types of mineral resources, within the boundaries of mining allotments allocated to them in accordance with the legislation of the Russian Federation on subsoil resources 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 introduced by Federal Law dated October 21, 2013 N 282-FZ)

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 water depletion in accordance with water legislation and legislation in field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, siltation and water depletion 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 legislation. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, siltation and water depletion are understood as:

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

2) structures and systems for the removal (discharge) of wastewater into centralized drainage systems (including rain, melt, infiltration, irrigation and drainage water), if they are designed to receive such water;

Article 60. Water protection zones of water bodies and coastal protective strips. 1. Water protection zones of water bodies are lands that are 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, siltation and depletion of water bodies, as well as to preserve the habitat of flora and fauna. .

Within water protection zones, coastal protective strips are established, in the territories of which additional restrictions on economic and other activities are introduced.
2. Within the water protection zones of water bodies, the following is prohibited:
carrying out aeronautical chemical works;
use of chemicals to control pests, plant diseases and weeds;
use of wastewater for soil fertilization;
placement of hazardous production facilities where hazardous substances, the list of which is determined by federal laws, are produced, used, processed, generated, stored, transported and destroyed;
placement of warehouses for pesticides, mineral fertilizers and fuels and lubricants, sites for refilling equipment with pesticides, livestock complexes and farms, storage and burial sites for industrial, household and agricultural waste, cemeteries and cattle burial grounds, wastewater storage facilities;
storage of waste and garbage;
refueling, washing and repairing cars and other machines and mechanisms;
placement of dacha, garden and vegetable plots when the width of water protection zones of water bodies is less than 100 meters and the steepness of the slopes of adjacent areas is more than 3 degrees;
placement of vehicle parking, including in the territories of country houses, gardens and vegetable plots;
carrying out final fellings;
carrying out excavation and other work without coordination with the federal executive body for managing water bodies if the water body is in federal ownership, and without agreement with the owner if the water body is separate.
In the territories of water protection zones of water bodies, intermediate felling and other forestry activities are permitted to ensure the protection of water bodies.
In cities and other settlements, if there are 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 for vehicles - no closer than 20 meters from the water's edge.
3. Within the coastal protective strips, in addition to the restrictions specified in Part 2 of this article, the following are prohibited:
plowing of land;
application of fertilizers;
storage of dumps of eroded soils;
grazing and organizing summer camps for livestock (except for the use of traditional watering places), arranging bathing baths;
installation of seasonal stationary tent camps, placement of summer cottages, gardens and vegetable 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 intra-marsh ones) - from the long-term average top 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 retaining level of the reservoir;
for seas - from the maximum tide level.
Water protection zones are not established for swamps. The width of coastal protective strips for swamps at the sources of rivers and streams, as well as floodplain swamps, is established 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 extending 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 watercourses 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 for a water area of ​​up to 2 square meters. 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 water protection zones of main and inter-farm canals are combined with the boundaries of land allocation strips 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, for the steepness of the slopes of adjacent territories:
having a reverse or zero slope - 30 meters;
having a slope of up to 3 degrees - 50 meters;
having a slope of more than 3 degrees - 100 meters.
For intramarsh lakes and watercourses, the width of the coastal protective strip is set at 50 meters.
The width of coastal protective strips for areas of reservoirs of particularly valuable fishery importance (spawning grounds, wintering pits, feeding areas) is set at 200 meters, regardless of the slope of the adjacent lands.
In urban settlements, if there is a storm sewer and an embankment, the border of coastal protective strips is combined with the embankment parapet.
7. Fixing on the ground with water protection signs of the established type the boundaries of water protection zones and coastal protective strips of water bodies (with the exception of isolated water bodies) is ensured 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 their boundaries in the manner established by Part 9 of Article 41 of this Code.
For the purpose 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 is subject to entry into the state land cadastre.
9. Coastal protective strips should be predominantly occupied by trees and shrubs or covered with grass.
10. Maintaining water protection zones and coastal protective strips, as well as water protection signs, in proper condition is the responsibility of the federal executive body for managing water bodies, water bodies under special use are the responsibility of water users, and isolated water bodies are the responsibility of the owners.
11. The regime for the use of territories of water protection zones and coastal protective strips in border areas is established by the Government of the Russian Federation on the proposal of a federal executive body authorized by the Government of the Russian Federation.