The width of the water protection zone of the river. What is a protective coastal strip

1. Water protection zones are territories that are adjacent to coastline seas, rivers, streams, canals, lakes, reservoirs and where a special regime is established for the implementation of economic and other activities in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as to preserve the habitat of aquatic biological resources and other animal objects and flora.

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 corresponding coastline, 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.

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".

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 coast 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 coastline.

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, production and consumption waste disposal facilities, chemical, explosive, toxic, toxic and poisonous substances, burial sites radioactive waste;

3) implementation of aviation pest control measures;

4) movement and parking Vehicle(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 (except for cases when 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 provided to them in accordance with the legislation 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 the territories of horticultural, gardening or dacha non-profit associations of citizens 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 environment.

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is prohibited:

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AT 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, legislative norms were not observed at all, 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.

A special regime of activity has been established at these sites to prevent clogging, pollution, deterioration and depletion. water resources, as well as to preserve the habitual habitat of the animal and plant world, 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 we are talking about, 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.

The determination of the exact dimensions of water protection zones and coastal protective strips was carried out by executive bodies Russian authorities. They 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 this moment do not have the right to set their own standards. 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 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. 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 parking lots for vehicles, 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 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 the forest can turn into an overgrown swamp, fast river- in a dirty stream. How many such examples can be given. Remember how many dacha plots were given away, how people with good intentions tried to ennoble the land ... But here's the bad luck: the construction of a thousand dachas 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.

The use of the water protection zone is regulated by law, private construction is allowed in compliance with established standards. The owner of a land plot located near various water bodies has the right to build, observing the restrictions on construction.

The water protection zone of a water body has a special legal status, to avoid conflict situations It is recommended that you familiarize yourself with the current regulations first.

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 under special conditions.

The law protects water bodies from pollution and damage, guarantees the safety of animals and plants located there. Protecting the existing natural balance, the VK RF determines the rules for use, punishment for violation of the 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, it is necessary to prevent violations of the law. Obtaining a building permit or registering home ownership will have to face unforeseen circumstances. The best option is prior approval and obtaining permission than the payment of 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 ban on building 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 not permissible to install fences and other barriers that prevent third parties from accessing the reservoir. Having fenced off part of the coastal zone and creating 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 by the violator, the funds from the guilty person are collected by enforcement proceedings.

Restrictions on construction in the water protection zone

Protection of the water protection zone is carried out in accordance with established standards. The approved coastline is the starting point for all measurements relating to building permits. The use of the coastline has a restriction on implementation various kinds activities and depends on the distance from the source of the reservoir.

For example, the width of the lane on which it is not allowed to build, is for rivers:

• if 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 distance 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 the lake is less than half a kilometer in size, then the water protection zone is located at 50 m. Such a regulation applies to artificial and natural water resources. For sea ​​shore the remoteness for development is significantly higher and is set at 500 m.

If the river has an insignificant length, less than 10 km, then the water protection zone coincides with the coast. An exception is made for carrying out activities directly near the source of a stream or a small river. You will have to retreat from the coast by 50 m, otherwise the ban on construction near the water body will be violated.

Other restrictions on use in economic activity and living near a water protection zone the following applies:

• the inadmissibility of using wastewater for land reclamation and other agricultural needs. Since the land plot is located in the immediate vicinity of the reservoir, after watering and irrigation, wastewater enters the reservoir;
• Animal burials, cemeteries or storage are not allowed in the zone industrial waste, especially increased toxicity;
• plowing areas is not allowed. The coastline should not be exposed to heavy equipment, the formation of earthen blockages and other actions leading to soil erosion;
• in the protective zone it is impossible to graze cattle and arrange summer paddocks;
• the movement of all types of transport, the formation of spontaneous or planned parking is prohibited.

With all existing restrictions, construction in compliance with established rules is permitted by law. This will require the issuance of additional permits and the introduction of equipment and devices for the protection of a nearby water body into the design documentation.

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Water protection zones of Moscow

Water protection zones - territories adjacent to the coastline of seas, rivers, streams, canals, lakes, reservoirs, where a special regime is established for the implementation of economic and other activities in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as to preserve the habitat of aquatic biological resources and other objects of the animal and plant world (part 1 of article 65 of the RF Civil Code).

The VC establishes the size of water protection zones only outside the boundaries of settlements.

The width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length of: up to 10 km - 50 m; from 10 to 50 km - 100 m; from 50 to 100 km - 200 m. For rivers, streams, with a length of less than 10 km from the source to the mouth, the water protection zones coincide with the coastal protective strip. The radius of the water protection zone of the sources of the river, stream - 50 m.

Thus, the water protection zone is major river, like the Volga, reduced from 500 to 200 m. Thus, an attempt was made to legitimize the development of water protection zones and the coastline.

There is no provision prohibiting waterfront construction. Therefore, according to VK-2006, it is allowed to build buildings not only in the water protection zone, but provided that they are equipped with treatment facilities - and in the coastal protective strip, that is, at a distance of 30-50 m to the water.

The size and boundaries of water protection zones in Moscow are established based on the specific conditions of planning and development in accordance with the Master Plan.

For sections of rivers enclosed in closed collectors, water protection zones are not established.

The water protection zone of sources of drinking water supply in Moscow is a specially protected area. Its boundaries are determined on the map, and in nature are marked with special signs.

According to federal and Moscow environmental legislation, water protection zones should be rid of warehouses, garages, workshops, etc. But for this it is necessary to define clear boundaries of water protection zones, which has not yet been done. The city authorities do not have the authority to do this, the work should be carried out by a federal structure - the Moscow-Oka Basin Administration. This organization has already drawn up an estimate of the work, but it does not have money for implementation and is not expected. Therefore, there are no legal grounds to demand from entrepreneurs that they move their enterprises or remove landing stages from the banks.

In addition, the Ministry of the Environment of the Moscow Region was reluctant to cooperate with its Moscow counterparts and did not take action against enterprises that dumped their sewage into rivers. Now, after its abolition, the situation, apparently, will become even more complicated.

The Moscow regional environmental prosecutor's office has identified more than 200 livestock farms in the Mytishchi, Pushkin and Istra districts of the Moscow region, located in protected areas and draining manure masses into the rivers, since there are no treatment facilities on the farms. The largest fine for damage to water protection zones is 140 million 900 thousand rubles. - was imposed on CJSC Ostankino.

On the territory of the natural monument "Valley of the Yauza River", the environmental prosecutor's office of Moscow revealed violations of the Federal Law "On Environmental Protection" and "On Specially Protected Natural Territories" - littering and pollution by a number of economic organizations.

The Moscow government has decided to withdraw all "environmentally harmful" enterprises from the territory of the Yauza River basin, adjacent to a specially protected environmental zone national park Elk Island. The authorities of the metropolis decided to continue the transformation of the north-east of the capital into one large hydropark. The territories lying along the banks of the Yauza, Likhoborka, Chermyanka and the river Ichka will be adapted for recreation, entertainment and sports activities of citizens.

It is planned to start the improvement of 12 coastal zones with the cleaning of the rivers themselves. Along the way, the land to be reconstructed is supposed to be freed from the garages and parking lots located here. Instead, it was decided to build modern multi-storey garages, but outside the conservation areas. And directly "by the water" will be built only cultural and leisure and sports and entertainment complexes, small shopping centers, cafes and restaurants.

Work on the improvement of river territories will simultaneously begin in Bibirevo, Severny Medvedkovo, Sviblov, as well as in Losinoostrovsky, Yaroslavsky and Babushkinsky districts.
According to the plans, the bulk of the floodplain lands of the North-East Administrative District will be transformed by 2010.

The authorities of the Moscow region accuse Mosvodokanal of activities that harm the nature near Moscow: as a result of many years of operation of water treatment plants, massive bottom sediments have accumulated in the Moskva River basin, as well as in the Klyazminsky, Pirogovsky and other reservoirs, whose toxic infiltrates poison underground aquifers. In the waters entering the Moscow region and allegedly purified by Mosvodokanal, a multiple excess of the maximum permissible concentrations of toxic substances was found. As a result, in a number of settlements of the region, located below the Moscow sewage treatment plant, there is an unusually high level of oncological, endocrine and other diseases, as well as cases of mutations in plants, fish and domestic animals.

At the same time, payments for environmental pollution, as well as taxes from the economic activities of Mosvodokanal, go to the Moscow budget.

AT recent times Along the banks of rivers, reservoirs and other bodies of water, all kinds of real estate objects are increasingly appearing, the construction of most of which does not meet the basic requirements of Russian legislation. That is why many Russians are interested in the question of the possibility of locating objects in coastal zones. According to the legislation, any of our compatriots has the right not only to acquire land plots in the water protection zone, but also to build them up at their own discretion, while observing all the restrictions established by the state and not violating the law.

What is a water protection zone?

According to Article No. 65 of the Water Code of the Russian Federation, a water protection zone is a territory that is directly adjacent to the coastline of the water area of ​​​​a water body, where a special regime of activity (economic or any other) is established, as well as the use and protection of natural resources in order to prevent their malicious or accidental pollution and preservation of existing objects of flora and fauna of these water bodies.

Where can you start building?

That is why, before starting construction, you should clearly understand for yourself whether this can be done in water protection zones and what the consequences may be if such real estate is built with significant violations of the law. After all, the situation may be such that it will be completely impossible to issue a building permit. Or even worse: you have to demolish the newly built house.

Before talking about construction restrictions, it is necessary to understand exactly where construction should not be started under any circumstances. In no way should this be done at the very edge of the reservoir. The situation is such that, according to the law, any construction works at a distance of less than 20 meters from the shore are completely prohibited. Moreover, limiting the free access of citizens to the coastal territory by erected fences and other barriers can lead to very unpleasant consequences.

Other restrictions on construction within water protection zones.

Outside the boundaries of cities and villages, the width of the water protection zone of reservoirs, as well as the width of their coastal protective strip, should be established only depending on the coastline approved by law.

Within the water protection zones of reservoirs, coastal protective strips are introduced, in the place of which additional restrictions are placed on various types of activities.
The width of the water protection zone of rivers or streams is entered depending on their source length:

• up to 10 km - in the amount of fifty meters;
• from 10 to 50 km -100 m;
• from 50 km and more -200 m.

The width of the coastal protective strip near lakes and various reservoirs, the area of ​​which is not more than 0.5 square km, will be 50 meters. It should be noted that the width of such zones near the seas must be 500 meters, which is significantly greater than that of any other natural and artificial reservoirs.

For rivers and other water bodies, the length of which is slightly less than 10 km, the water protection zone completely coincides with the coastal protective strip. At the same time, the radius of this zone for the sources of rivers and streams should be set at a size of 50 meters.

In addition, within the water protection zones it is strictly prohibited:

• use of wastewater to regulate soil fertility;
• place cemeteries, places where waste from the consumption of industrial and economic activities can be stored;
• plowing land, placing dumps of eroded soils, as well as organizing pastures for animals;
• traffic and parking of vehicles, including forced.

Within the boundaries of water protection zones, it is allowed and even allowed to design, build, reconstruct, repair, operate economic and other facilities in the case of equipping these facilities with buildings that can ensure the protection of rivers, reservoirs, etc. from water pollution and depletion in full compliance with water legislation and environmental laws.