Water protection zone of the water body and restrictions on construction. Restrictions on construction in the water protection zone

[Water Code of the Russian Federation] [Chapter 6] [Article 65]

1. Water protection zones are territories that are adjacent to the coastline 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 preserving the habitat of aquatic biological resources and other animal and flora.

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

3. Outside the territories of cities and other populated areas, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protective strip are established from the corresponding coastline, and the width of the water protection zone of the seas and the width of their coastal protective strip - from the line 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 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 of May 1, 1999 N 94-FZ “On the protection of Lake Baikal”.

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

9. Water protection zones of main or inter-farm canals coincide in width with the allotment strips of such canals.

10. Water protection zones for rivers and their parts placed in closed collectors are not established.

11. The width of the coastal protective strip is 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 coastline.

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

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

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

3) implementation of aviation measures to combat pests;

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 hard surfaces;

5) placement of gas stations, warehouses for fuel and lubricants (except for cases where gas stations, warehouses of fuels and lubricants are located in the territories of ports, shipbuilding and ship repair organizations, infrastructure of inland waterways, subject to compliance with the requirements of legislation in the field of protection environment and this Code), stations Maintenance used for technical inspection and repair of vehicles, washing vehicles;

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

7) discharge of wastewater, including drainage water;

8) exploration and production of common minerals (except for cases where exploration and production of common minerals is carried out by subsoil users carrying out exploration and production of other types of minerals, within the boundaries provided to them in accordance with the law Russian Federation on the subsoil of mining allotments and (or) geological allotments on the basis of an approved technical project in accordance with Article 19.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 “On Subsoil”).

16. Within the boundaries of water protection zones, design, construction, reconstruction, commissioning, operation of economic and other facilities are allowed, provided that such facilities are equipped with structures that ensure the protection of water bodies from pollution, clogging, siltation and 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 systems drainage (sewerage), centralized storm systems drainage;

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 intended to receive such waters;

3) local wastewater treatment plants for wastewater treatment (including rain, melt, infiltration, irrigation 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) structures for collecting production and consumption waste, as well as structures and systems for disposal (discharge) of wastewater (including rain, melt, infiltration, irrigation and drainage water) into receivers made of waterproof materials.

16.1. In relation to horticultural, market gardening or summer cottage areas non-profit associations 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 paragraph 1 of part 16 of this article, it is allowed to use receivers made of waterproof materials that prevent the flow of pollutants, other substances and microorganisms into the environment.

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

1) plowing of land;

2) placement of dumps of eroded soils;

3) grazing of farm animals and organization for them summer camps, bath

18. The establishment on the ground of the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies, including through special information signs, is carried out in the manner established by the Government of the Russian Federation.

1 comment on the entry “Article 65 Water Code of the Russian Federation. Water protection zones and coastal protective strips”

Article 65. Water protection zones and coastal protective strips

Commentary on Article 65

1. general review articles. The article includes 18 parts establishing the features of such elements of the legal regime of water protection zones and protective coastal strips, as features of the regime carrier object, regime restrictions and the boundaries of their action in space.
Part 1 contains the definition and goals of establishing a special regime for carrying out activities within the boundaries of water protection zones.
Part 2 provides for a specific type of zoning of water protection zones (in the form of coastal protective strips), as well as the possibility of introducing additional restrictions within the boundaries of coastal protective strips.
Parts 3 - 10 establish requirements for the size of water protection zones and rules for determining their boundaries. At the same time, part 7 contains a reference norm to Federal law dated 01.05.1999 N 94-FZ “On the protection of Lake Baikal”.
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NW RF. 1999, No. 18. Art. 2220.

Parts 11 - 14 establish requirements for the size of coastal protective strips and rules for determining their boundaries.
Part 15 contains a list of regime restrictions within the boundaries of water protection zones, and part 16 establishes permissible types of impact within their boundaries, as well as the conditions for the legality of such impact.
Part 17 contains a list of additional regime restrictions within the boundaries of coastal protective strips, the possibility of which is provided for in part 2 of the commented article.
In accordance with Part 18, the right to establish the procedure for establishing the boundaries of water protection zones and coastal protective strips on the ground is vested in the Government of the Russian Federation. Accordingly, the Government of the Russian Federation has the right to independently determine the entities obligated to establish such boundaries on the ground.
2. Goals, scope and addressees of regulations.
The purpose of the article is to ensure increased protection of water bodies from adverse impacts by introducing additional restrictions and prohibitions in areas adjacent to such objects.
The scope of the article is extremely wide, since it concerns all water bodies on the territory of the Russian Federation.
Therefore, the addressees of the article are an indefinitely wide range of persons who permanently or temporarily use territories adjacent to water bodies. The special addressee of the article is the Government of the Russian Federation, which, in turn, has the right to determine the circle of persons obliged to establish the boundaries of the zones on the ground provided for in the article. In accordance with paragraph 3 of the Rules for establishing the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies, these include the authorities state power subjects of the Russian Federation, Federal agency water resources and its territorial bodies.
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3. Basic concepts. They are terms whose meaning was disclosed above (“coastline”, “sea”, “river”, “canal”, “stream”, “lake”, “reservoir” - see commentary to Article 5; “water area” , “water body”, “depletion of water” - see commentary to Art. 1; “habitat of flora and fauna” - see commentary to Art. 3). Specific to the article under comment are such concepts as “water protection zone”, “coastal protective strip", "canal right-of-way", " locality», « storm drain", "embankment", "parapet", "water body of particular valuable fishery importance".

3.1. Water protection zone. The word zone (from the Greek swvn - belt) means a section, area, belt or strip that has a certain quality characteristic.
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Big Soviet Encyclopedia(in 30 volumes) / Ch. ed. A.M. Prokhorov. M.: Soviet Encyclopedia, 1972. T. 9. P. 572.

The establishment of various types of zones in environmental legislation is one of the methods of territorial protection by allocating areas with special conditions of use (see, for example, Articles 48 and 49 of Federal Law N 166-FZ “On Fisheries and Conservation of Aquatic Biological Resources”). Zoning is used to establish different legal regimes for areas of space that, before the establishment of zones, had a homogeneous legal regime (for example, the allocation functional zones inside national parks). The essence of zoning for environmental purposes is, as a rule, the establishment within zones of activity restrictions that are more stringent than in adjacent areas of space (for example, sanitary protection zones, security zones of specially protected natural areas, etc.). Establishing zones means establishing a spatial and temporal framework for restrictions on economic or other activities.
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See in more detail: Commentary on the Federal Law of December 20, 2004 N 166-FZ “On Fisheries and Conservation of Aquatic Biological Resources” / Ed. O.L. Dubovik. M., 2011.
Since natural complexes are very different in the set of components (mountains, forests, tundra, etc.), here we mean homogeneity on a certain legal basis, and not homogeneity in general. — Approx. auto

Accordingly, various types of zones (as well as belts) established for environmental purposes are a special case of specially protected areas. Consequently, the necessary elements of the legal regime of environmental protection zones are regime restrictions (regime of special protection), spatial and, if necessary, temporary boundaries of the restrictions.
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For more information on specially protected areas, see: UN General Assembly. Sixty-second session. Item 79 (a) of the provisional agenda. World oceans and maritime law. Report Secretary General. Addition. A/62/66/Add.2 (Russian). pp. 41 - 42; Educational and practical commentary on the land legislation of the Russian Federation / Ed. O.L. Dubovik. M.: Eksmo, 2006. P. 481 - 482; Kalenchenko M.M. Legal regime territorial protection of the marine environment / Ed. O.L. Dubovik. M.: Gorodets, 2009. P. 57 - 65.

In accordance with Part 1 of the commented article, water protection zones are territories that are adjacent to the coastline of certain water bodies (seas, rivers, streams, canals, lakes, reservoirs) and in which a special regime for carrying out economic and other activities is established. A special operating regime is established in following purposes:
— prevention of pollution, clogging, siltation of these water bodies;
— preventing the depletion of their waters;
— preservation of the habitat of aquatic biological resources and other objects of flora and fauna.
Water protection zones are established only for water bodies directly provided for in the commented article, namely: seas, watercourses (rivers, streams, canals) and reservoirs (lakes, reservoirs, ponds). The commented article obviously does not apply to swamps and natural outcrops groundwater, glaciers and snowfields, as well as underground water bodies.
Regime restrictions in water protection zones are provided for in part 15 of the commented article and include prohibitions on:
1) use of wastewater for soil fertilization;
2) placement of cemeteries, cattle burial grounds, burial sites for production and consumption waste, chemical, explosive, toxic, toxic and noxious substances, radioactive waste disposal sites;
3) implementation of aviation measures to combat pests and plant diseases;
4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.

Summary of determination rules
width of water protection zones

water body

Water protection
zone, m Border measured Coastal protective
band (m) at
outside
populated
points
in the populated
point zero
or
reverse
slope
=3

Sea
500 lines
the greatest
parapet tide
(in the presence of
stormwater
sewer),
and with him
absence -
from the coastal
lines

50
Lake 50 shore
lines
Reservoir
not on
watercourse 50

Reservoir
on the watercourse equals
width
water protection
watercourse zones
Lake,
reservoir,
having special
valuable fish
economic
value set to
compliance
with the legislator
stuff about
fisheries

200 regardless
slope
Channel equals width
right-of-way
30
40
50
Source
watercourse within radius
50 m not defined within 50 m radius
Watercourse
length, km<10 =50 береговой
parapet lines (with
availability
stormwater
sewer),
and with him
absence -
from the coastal
lines
30
40
50
River, stream 50 00 00
Watercourse in
borders
swamps
50
50

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Water protection zones are not established for rivers (parts thereof) placed in closed collectors.
For any lakes, reservoirs, with the exception of reservoirs located on watercourses. For lakes and reservoirs with an area of less than 0.5 square meters. km water protection zone is obviously not established.
The width of the coastal protective strip is equal to the width of the water protection zone and is 50 m, regardless of the slope.

Note that the boundaries of water protection zones may coincide in space with specially protected areas provided for by land, water legislation, legislation on wildlife, aquatic biological resources and the preservation of their habitat.
For example, in accordance with the Rules for the Establishment of Fish Protection Zones, the boundaries of the latter coincide with the boundaries of the water protection zones themselves. However, in accordance with paragraph 14 of these Rules, the rules for establishing the width of fish protection zones of ponds, flooded quarries that have a hydraulic connection with rivers, streams, lakes, reservoirs and seas (50 m) are also defined. Rosrybolovstvo is authorized to establish fishery protection zones and mark them on the ground. The rules for marking on the ground are approved by the relevant order of the Federal Agency for Fisheries. Fishing protection zones, unlike water protection zones, are created not by default (by force of law), but on the basis of the publication of a corresponding act by an authorized body.
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Decree of the Government of the Russian Federation of October 6, 2008 N 743 “On approval of the Rules for the establishment of fishery protection zones” // SZ RF. 2008. N 41. Art. 4682.
Order of the Federal Agency for Fisheries dated December 15, 2008 N 410 “On approval of the Procedure for establishing the boundaries of fishery protection zones on the ground” // BNA of the Russian Federation. 2009. N 5.
See, for example: Order of Rosrybolovstvo dated November 20, 2010 N 943 “On the establishment of fishery protection zones of the seas, the shores of which fully or partially belong to the Russian Federation, and water bodies of fishery importance in the Republic of Adygea, Amur and Arkhangelsk regions” (not published).

Due to the special significance of Lake Baikal as a World Heritage Site, its legal regime and status is regulated by Federal Law dated 01.05.1999 N 94-FZ “On the Protection of Lake Baikal” and the regulatory legal acts adopted in its implementation. Part 7 of the commented article refers to these regulations in terms of establishing the width of water protection zones for a given water body. According to Part 1 of Art. 2 of this Law, the Baikal natural territory includes Lake Baikal, its water protection zone adjacent to Lake Baikal, its drainage area within the territory of the Russian Federation, specially protected natural areas adjacent to Lake Baikal, as well as the territory adjacent to Lake Baikal up to 200 kilometers wide to the west and northwest of it. Nature management within the boundaries of the Baikal natural territory is carried out in accordance with zoning into a central ecological zone (the most stringent restrictions), a buffer ecological zone and an ecological zone of atmospheric influence.
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NW RF. 1999. N 18. Art. 2220.

The central ecological zone includes Lake Baikal itself with its islands, its water protection zone, as well as specially protected natural areas adjacent to Lake Baikal. We were unable to find any special regulations regarding the width of the water protection zone, so they are determined according to the general rules of the article under comment, that is, 50 m. Moreover, the list of regime restrictions in the central ecological zone (including) of Lake Baikal was approved by the Decree of the Government of the Russian Federation dated 08/30/2001 N 643 “On approval of the list of activities prohibited in the central ecological zone of the Baikal natural territory” and is more stringent than provided for in the commented article. In addition, the effect in space of the restrictions provided for by the said Resolution is much wider than the effect in space of the restrictions provided for by the water protection regime of the zone.
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NW RF. 2001. N 37. Art. 3687.

3.2. Coastal protective strip. Within the meaning of parts 1 and 2 of the commented article, the coastal protection zone is part of the water protection zone, within the boundaries of which additional restrictions have been introduced in comparison with the water protection zone.
Restrictions within the boundaries of the coastal protective strip are provided for in Part 17 of the commented article and include such prohibitions as the ban on:
- plowing of land;
— placement of dumps of eroded soils;
— grazing farm animals and organizing summer camps and baths for them.
In accordance with paragraph 8 of Art. 27 of the Land Code of the Russian Federation prohibits the privatization of land plots within the “limits of the coastal strip” established in accordance with the Water Code of the Russian Federation.
A summary of the rules for determining the width of coastal protective strips is presented in the table below.
3.3. Canal right of way. Today, there are building rules that establish the procedure for determining and the width of reclamation canals depending on many factors. In most cases, the actual width of the right-of-way of existing canals is established in accordance with the design documentation and varies greatly depending on the type of canal construction (cut, half-cut, embankment or half-embankment) and its capacity. For example, the norms for land allocation for reclamation canals SN 474-75 establish the procedure for determining the width for reclamation canals with a capacity of no more than 10 cubic meters. m/s.
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See, for example: Land allocation standards for reclamation canals SN 474-75.

The following data can be used as rough guidelines for channels with a capacity of no more than 10 m 3/s.

Right-of-way width for reclamation canals

Reclamation channels,
passing through:
Width along the bottom, m Width of the right of way in
unlimited use, m
min max min max
notch

semi-notch

half-embankment

embankments 0.4

As follows from the table, the width of the water protection zone of such canals will be from 17 to 45 m. If the width of the water protection coastal strip is determined according to the rules of part 11 of the commented article, its width will be from 30 to 50 m. In such a situation, the water protection coastal strip may completely coincide with the water protection zone or exceed it in size.
The width of land allocation strips for canals with a water throughput capacity of more than 10 cubic meters. m/s, canals developed by explosive methods, as well as those passing in areas prone to landslides and mudflows, and in populated areas should be determined by projects approved in the prescribed manner.
3.4. Locality. This is a populated place (settlement), the primary unit of human settlement within one built-up plot of land (city, urban-type settlement, village, etc.). A mandatory feature of a settlement is its constant use as a habitat, year-round or seasonally.
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Soviet encyclopedic dictionary. M.: Sov. Encyclopedia, 1984. P. 861.

3.5. Storm drainage. Sewage refers to the disposal of domestic, industrial and waste water. A complete list of terms and definitions related to sewerage is enshrined in GOST 25150-82, but the concept of “storm sewerage” itself is not disclosed in it. To understand the content of this concept, let us turn to the Territorial Construction Standards of the Moscow Region. Within the meaning of Section 4 of these Territorial Construction Standards, storm drainage can be understood as the removal of surface runoff of three types (rain, melt and watering), formed in built-up areas as a result of precipitation and the operation of road surfaces. Such a sewerage system should also provide for the possibility of receiving drainage water from associated drainages, heating networks, general underground utility collectors, as well as uncontaminated wastewater from industrial enterprises.
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GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M.: Standards Publishing House, 1974. P. 3.
GOST 25150-82. Sewerage. Terms and Definitions.
Territorial building codes. Rain drainage. Organization of collection, purification and discharge of surface runoff (TSN DK-2001 of the Moscow region (TSN 40-302-2001) (put into effect by order of the Ministry of Regional Construction dated July 30, 2001 N 120 “On the implementation of Territorial Building Codes of the Moscow Region (TSN DK 2001 MO) )").

3.6. Embankment. This is a fencing or protective structure along the coastline. From the point of view of hydraulic engineering, embankments are wave walls built to protect coastal ledges, including the roadbed of coastal railways and roads, from waves. Such walls are sometimes called retaining walls. Wave breakers may, if possible, be erected under the protection of the beach with a width sufficient to dampen the design waves, in combination with groins or breakwaters. When designing wave walls, the recommendations of current building codes and regulations for the design of retaining walls should be taken into account.
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GOST 19185-73. Hydraulic engineering. Basic concepts. Terms and Definitions. M.: Standards Publishing House, 1974. P. 13.
SP 32-103-97. Design of marine coastal protection structures. M.: Transstroy, 1998.

Embankments, as bank protection, protective, regulatory and fencing structures, are designed taking into account the possibility of their use for national economic and social purposes (as berthing, transport and other engineering structures, for mass recreation of the population and sports and recreational events).
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See: SNiP June 2, 01-86. Hydraulic structures. Basic principles of design. M.: State Construction Committee, 1987.

3.7. Parapet. The word “parapet” (French parapet, Italian parapetto) in Russian means a low solid wall running along the edge of a roof, terrace, balcony, along an embankment, bridge (as a barrier); on the crest of a dam, jetty, dam, in shipping locks. In construction, it can also denote a separate element of the specified structures. For the purposes of this article, a parapet should be understood as a fence running along the embankment.
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Soviet encyclopedic dictionary. M.: Sov. Encyclopedia, 1984. P. 964.
See, for example: GOST 23342-91. Architectural and construction products made of natural stone. Technical conditions. M.: Standards Publishing House, 1992. 9 p.

3.8. The slope of the shore of a water body. The concept of “slope” is very widespread in technical, natural sciences, and regulations in the field of technical regulation. In geodesy they are used to describe the terrain. From the point of view of geodesy, slope (also inclination) is an indicator of the steepness of the slope, that is, “the ratio of the elevation of the terrain to the horizontal extent over which it is observed.” For example, a slope of 0.015 corresponds to a rise of 15 m per 1000 m of distance.
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See, for example: VSN 163-83. Accounting for deformations of river channels and banks of reservoirs in the area of underwater crossings of main pipelines (oil and gas pipelines). http://www.complexdoc.ru/ntdtext/487968 ; VSN 3-80. Instructions for the design of marine berth structures.
Soviet encyclopedic dictionary. M.: Sov. Encyclopedia, 1984. P. 1372.

When designing infrastructure facilities, information about slope angles (longitudinal and transverse) at their intended location must be included in the design documentation (clause 34 of the Regulations on the composition of sections of design documentation and requirements for their content).
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Decree of the Government of the Russian Federation “On the composition of sections of project documentation and requirements for their content” dated February 16, 2008 N 87 // SZ RF. 2008. N 8. Art. 744.

The slope angle is measured during topographic work, usually using the trigonometric (geodesic) leveling method. It should be assumed that for the purposes of this article, the angle of the transverse slope must be taken into account.
3.9. A water body of particular value for fisheries. The fishery fund of inland freshwater bodies of Russia includes 22.5 million hectares of lakes, 4.3 million hectares of reservoirs, 0.96 million hectares of complex agricultural reservoirs, 142.9 thousand hectares of ponds and 523 thousand km of rivers. In addition, the Russian Federation also has a long sea coastline (about 60 thousand km).
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See: paragraph 2.1 of the Strategy for the Development of Aquaculture in the Russian Federation for the period until 2020 (approved by the Ministry of Agriculture of the Russian Federation on September 10, 2007).

For the purpose of reproduction, conservation and rational use of aquatic biological resources, objects of fishery importance in accordance with paragraph 2.1.2 of the Model Rules for the Protection of Surface Waters are divided into three categories: highest, first and second.
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Model rules for the protection of surface waters (approved by the State Committee for Nature Protection on February 21, 1991).

The highest category includes locations of spawning grounds, mass feeding grounds and wintering pits of especially valuable and valuable species of fish and other commercial aquatic organisms, as well as protected zones of farms of any type that carry out artificial breeding and cultivation of fish, other aquatic animals and plants.
The first category includes water bodies used for the preservation and reproduction of valuable fish species that are highly sensitive to oxygen levels.
The second category includes water bodies used for other fishing purposes.
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For more details see: Khalchansky S.A. Commentary on Article 51 // Commentary on the Water Code of the Russian Federation / Ed. O.L. Dubovik. M.: Eksmo, 2007. P. 282 - 283.

4. Development of legislation. The establishment of water protection zones (strips) for purposes similar to those provided for in Part 2 of the commented article was provided for in Article 91 of the Water Code of the RSFSR of 1972. The content of restrictions was not provided for by this Code, since the rights to determine the procedure for their establishment and use were delegated to the Council of Ministers of the RSFSR, unless otherwise was not provided for by the legislation of the USSR. In accordance with Article 99 of the said Code, in order to maintain a favorable water regime of rivers, lakes, reservoirs, groundwater and other water bodies, to prevent water erosion of soils, siltation of reservoirs, deterioration of living conditions for aquatic animals, to reduce fluctuations in flow, etc. The establishment of water protection zones for forests was also envisaged.
The Water Code of the Russian Federation of 1995 (Article 111) differentiated the concepts of water protection zones and coastal protection zones. The content of these concepts, within the meaning of the 1995 CC of the Russian Federation, corresponds to the modern understanding, taking into account the fact that the commented Code more clearly defines the features of their legal regime. This is especially true for regime restrictions, which in the current RF CC are enshrined in law, and not in by-laws of the Government of the Russian Federation.
Changes were made to the commented article once, but affected several parts at once. Thus, in accordance with paragraph 19 of Article 1 of the Federal Law of July 14, 2008 N 118-FZ “On Amendments to the Water Code of the Russian Federation and Certain Legislative Acts of the Russian Federation,” the following changes were made to Article 65: sentence 1 of part is set out in a new edition 3; Part 6 has been supplemented with a new proposal; in part 14 the word “settlements” is replaced by the words “settlements”; the word “accommodation” is excluded from part 16; Part 18 is presented in a new edition.
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NW RF. 2008. N 29 (part 1). Art. 3418.

The essence of the changes made to Part 3 was the need to reflect the characteristics of the seas as specific water bodies. In the previous edition, the boundaries of protective zones and strips for all water bodies outside populated areas were determined along the coastline. In accordance with the current edition, the border of protection zones (strips) of the seas is measured from the line of maximum tide.
Before changes were made to Part 6, the width of the protection zones (strips) of reservoirs was fixed and amounted to 50 m. In accordance with the current edition, the width of such a zone (strip) of a reservoir must correspond to the width of similar zones for the watercourse on which the reservoir is organized. For example, if the Kuibyshev Reservoir (Volga River) before the changes had a water protection zone 50 m wide, now it should be 200 m due to part 4 of the commented article.
The change in part 14 (replacing the word “settlement” with the words “settlement”) is recognized to distinguish concepts such as “a place where people live” (settlement) from “one of the territorial units of local government” (settlement).
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See: part 1 art. 2 of the Federal Law of October 6, 2003 N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” // SZ RF. 2003. N 40. Art. 3822.

The exclusion of the word “location” from part 16 of the commented article is also connected, in our opinion, with the bringing of regulatory legal acts into compliance with the Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ, which enshrines and systematizes the rules of territorial zoning.
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NW RF. 2005. N 1 (part 1). Art. 16.

The original version of Part 18 of the commented article contained a reference to land legislation in terms of determining the procedure for fixing the boundaries of security zones (strips). In the current version, the powers to establish the procedure for fixing borders are delegated to the Government of the Russian Federation.
5. Connection with other articles. The provisions of the commented article are applied insofar as this does not contradict the rules for the protection from pollution of swamps (Article 57), glaciers and snowfields (Article 58), protection of underground water bodies (Article 59), protection of forests (Article 63), as well as the provisions of Article 49 of the commented Code regarding the protection of water bodies containing medicinal water resources, special zones (Article 34) and sanitary protection (Part 2 of Article 43) sources of drinking and household purposes (see commentary to them).
6. The procedure for establishing boundaries. In accordance with Part 18 of the commented article, the Government of the Russian Federation is vested with the authority to determine the procedure for establishing water protection zones and coastal protective strips in the area. In accordance with its powers, the Government of the Russian Federation adopted the relevant Rules.
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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 strips of water bodies” // SZ RF. 2009. N 3. Art. 415.

According to the Rules, the establishment of boundaries is aimed at informing citizens and legal entities about the special regime for carrying out economic and other activities within the boundaries of water protection zones and about additional restrictions on economic and other activities within the boundaries of coastal protective strips (clause 2).
In accordance with paragraph 4 of these Rules, establishing the boundaries of the water protection zone and the width of the coastal protective strip for each water body on the ground includes:
a) determining the width of the water protection zone and the width of the coastal protective strip;
b) description of the boundaries of the zone (strip), their coordinates and reference points;
c) displaying boundaries on cartographic materials;
d) establishing boundaries on the ground, including through the placement of special information signs.
Information on the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies, including cartographic materials, is submitted to the Federal Water Resources Agency within a month for inclusion in the state water register (see commentary to Article 31).
The powers to establish boundaries on the ground are vested in government bodies.
Firstly, the Federal Agency for Water Resources in relation to all objects, the corresponding powers in respect of which were not transferred to the state authorities of the constituent entities of the Russian Federation. In particular, these are seas and (or) their parts, reservoirs, which are entirely located on the territories of the relevant constituent entities of the Russian Federation and the use of water resources of which is carried out to ensure drinking and domestic water supply to 2 or more constituent entities of the Russian Federation according to the list.
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Secondly, government bodies of the constituent entities of the Russian Federation to the extent of the powers granted to them.
The specified public authorities are obliged to ensure the placement of special information signs along the entire borders of water protection zones and coastal protective strips of water bodies at characteristic points of the relief, as well as at places where water bodies intersect with roads, in recreation areas and other places of mass presence of citizens and the maintenance of these signs in in good condition (clause 6 of the Rules). Samples of special signs are approved by Order of the Ministry of Natural Resources of the Russian Federation dated August 13, 2009 N 249 “On approval of samples of special information signs to mark the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies.”
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BNA RF. 2009. N 43.

Land owners, landowners and land users of land plots, the land plots of which are subject to the regime of water protection zones and coastal protective strips, are obliged to ensure unhindered access for representatives of authorized government bodies in order to place special information signs on the relevant land plots and maintain them in proper condition.
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Highlighted by us. From the wording of paragraph 7 of these Rules (“land plots on the lands of which there are water protection zones and coastal protective strips of water bodies”) it is assumed that the indicated zones (strips) are located on the land plots. However, the indicated zones (strips) are not physically located on the sites. Land plots on which regime restrictions apply may be part of lands of various categories with their own legal regime. The restrictions provided for in the commented article are legally established rules operating within certain boundaries, regardless of the legal regime of lands and land plots. For more details see: Krassov O.I. Land law: Textbook. M.: Yurist, 2007. P. 120 - 122.

The list of reservoirs, boundaries of water protection zones and coastal protective strips are established by the Federal Agency for Water Resources and its territorial bodies.
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Order of the Government of the Russian Federation dated December 31, 2008 N 2054-r “On approval of the List of reservoirs that are entirely located on the territories of the relevant constituent entities of the Russian Federation and the use of water resources of which is carried out to ensure drinking and domestic water supply to two or more constituent entities of the Russian Federation” // SZ RF. 2009. N 2. Art. 335.

N Name of reservoir Location
1. Belgorod reservoir, Belgorod region
2. Boguchanskoye Reservoir Krasnoyarsk Territory, Irkutsk Region
3. Borisoglebsk reservoir, Murmansk region
4. Bratsk Reservoir, Irkutsk Region
5. Bureya Reservoir Khabarovsk Territory, Amur Region
6. Vazuzskoe reservoir, Smolensk region, Tver region
7. Velevskoe reservoir, Novgorod region
8. Upper Volga Reservoir, Tver Region
9. Verkhne-Ruzskoe reservoir, Moscow region
10. Verkhne-Svirskoe water reservoir
sche (river part) Leningrad region
11. Vilyuiskoe reservoir Republic of Sakha (Yakutia), Irkutsk region
12. Volgograd reservoir Volgograd region, Saratov region
13. Volkhov reservoir Leningrad region, Novgorod region
14. Votkinsk reservoir, Udmurt Republic, Perm region
15. Vyshnevolotsk reservoir, Tver region
16. Gorky reservoir, Ivanovo region, Kostroma region,
Nizhny Novgorod region, Yaroslavl region
17. Egorlyk reservoir Stavropol Territory
18. Zeya Reservoir, Amur Region
19. Ivankovskoe reservoir Moscow region, Tver region
20. Ikshinskoye Reservoir, Moscow Region
21. Iovskoe reservoir Republic of Karelia, Murmansk region
22. Iremel reservoir Republic of Bashkortostan, Chelyabinsk
region
23. Iriklinskoe reservoir, Orenburg region
24. Irkutsk reservoir, Irkutsk region
25. Istra reservoir Moscow region
26. Kaitakoski reservoir Murmansk region
27. Kama Reservoir, Perm Territory
28. Klyazma Reservoir, Moscow Region
29. Knyazhegubsky reservoir Republic of Karelia, Murmansk region
30. Kolyma Reservoir, Magadan Region
31. Krasnodar reservoir Republic of Adygea, Krasnodar region
32. Krasnoyarsk reservoir Republic of Khakassia, Krasnoyarsk Territory
33. Kubanskoye (Bolshoye)
reservoir Karachay-Cherkess Republic
34. Kuibyshev reservoir Republic of Mari El, Republic of Tatarstan,
Chuvash Republic, Samara region,
Ulyanovsk region
35. Kursk Reservoir Stavropol Territory
36. Lesogorsk reservoir Leningrad region
37. Mainskoye Reservoir Republic of Khakassia, Krasnoyarsk Territory
38. Mikhailovskoye Reservoir Kursk region, Oryol region
39. Mozhaisk reservoir Moscow region
40. Narva Reservoir, Leningrad Region
41. Nizhnekamsk reservoir Republic of Bashkortostan, Republic
Tatarstan, Udmurt Republic
42. Novosibirsk reservoir Altai Territory, Novosibirsk region
43. Novo-Troitskoye Reservoir, Stavropol Territory
44. Nyazepetrovskoe reservoir, Chelyabinsk region
45. Ozerninskoye Reservoir Moscow Region
46. Pestovskoye Reservoir, Moscow Region
47. Pravdinskoye Reservoir
(GES-3) Kaliningrad region
48. Proletarskoye Reservoir Republic of Kalmykia, Stavropol Territory,
Rostov region
49. Pronsky reservoir Ryazan region, Tula region
50. Pyalovskoye Reservoir, Moscow Region
51. Rayakoski reservoir Murmansk region
52. Rublevskoye Reservoir Moscow Region

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 their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.

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

3. Outside the territories of cities and other populated areas, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protective strip are established from the 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.

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 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 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.

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.

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

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

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;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 5

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), service stations used for technical inspection and repair of vehicles, washing vehicles;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 6

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

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 7

7) discharge of wastewater, including drainage water;

Information about changes:

Federal Law No. 282-FZ of October 21, 2013 supplemented Part 15 of Article 65 of this Code with paragraph 8

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-I “On Subsoil”).

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

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

Everyone knows that man and his economic activities negatively affect the natural environment. And the load on it increases from year to year. This fully applies to water resources. And although 1/3 of the earth's surface is occupied by water, it is impossible to avoid its pollution. Our country is no exception, and close attention is paid to the protection of water resources. But it is not yet possible to solve this problem fully.

Coastal areas subject to protection

A water protection zone is a zone that includes the area around any water bodies. Special conditions are created here for within its boundaries there is a protective coastal strip with a more strict protection regime, with additional restrictions on environmental management.

The purpose of such measures is to prevent pollution and clogging of water resources. In addition, the lake may silt up and the river may become shallow. The aquatic environment is a habitat for many living organisms, including rare and endangered ones listed in the Red Book. Therefore, security measures are necessary.

The water protection zone and the coastal protective strip are located between the coastline, which is the boundary of the water body. It is calculated as follows:

for the sea - according to the water level, and if it changes, then according to the low tide level,
for a pond or reservoir - according to the retaining water level,
for streams - according to the water level during the period when they are not covered with ice,
for swamps - from their beginning along the border of peat deposits.

The special regime at the border of water protection zones is regulated by Art. 65 of the Water Code of the Russian Federation.

Design

The basis for the design are regulatory documents that are approved by the Ministry of Natural Resources of Russia and are consistent with those authorities that are responsible for

Customers for the design are territorial authorities from the Ministry of Water Resources of the Russian Federation. And in the case of reservoirs given for individual use - water users. They must maintain the territory of the coastal protective strip in proper condition. As a rule, tree and shrub vegetation should grow at the border.

Projects undergo verification and environmental assessment, and are approved by the executive authorities of the constituent entities of the Russian Federation. Special signs indicate where the border of the coastal protective strip ends. Before the project comes into force, its dimensions and the dimensions of water protection zones are plotted on the plan diagram for the development of settlements, land use plans, and cartographic materials. The established borders and regime in these territories must be brought to the attention of the population.

Dimensions of the protective coastal strip

The width of the protective coastal strip depends on the steepness of the slope of the river or lake basin and is:

30 m for zero slope,
40 m for slope up to 3 degrees,
50 m for a slope of 3 degrees or more.

For swamps and flowing lakes, the border is 50 m. For lakes and reservoirs where valuable fish species are found, it will be within a radius of 200 m from the coastline. In the territory of a settlement where there are storm sewer drains, its boundaries run along the parapet of the embankment. If there is none, then the border will pass along the coastline.

Prohibition on certain types of work

Since the zone of the coastal protective strip has a stricter protection regime, the list of works that should not be carried out here is quite large:

The use of manure waste to fertilize the land.
Disposal of agricultural and household waste, cemeteries, cattle burial grounds.
Use for discharging contaminated water and garbage.
Washing and repairing cars and other mechanisms, as well as their movement in this area.
Use for transport placement.
Construction and repair of buildings and structures without approval from authorities.
Grazing and summer housing of livestock.
Construction of garden and summer cottage plots, installation of tent camps.

As an exception, water protection and coastal protective strips are used to accommodate fishing and hunting farms, water supply facilities, hydraulic engineering facilities, etc. In this case, a water use license is issued, which stipulates the requirements for compliance with the rules of the water protection regime. Those persons who carry out illegal actions in these territories are responsible for their actions within the framework of the law.

Construction in a water protection zone

The protective coastal strip is not a place for development, but for the water protection zone there are exceptions to the rules. Real estate objects are still “growing” along the banks, and in geometric progression. But how do developers comply with legal requirements? And the law says that “the placement and construction of residential buildings or summer cottages with a water protection area width of less than 100 m and a slope steepness of more than 3 degrees is strictly prohibited.”

It is clear that the developer must first consult the territorial department of the Water Management Department about the possibility of construction and the boundaries of the protective coastal strip. A response from this department is necessary to obtain a construction permit.

How to avoid sewage pollution?

If the building has already been erected and is not equipped with special filtration systems, then the use of receivers made of waterproof materials is permitted. They do not allow environmental pollution.

Facilities that support the protection of clean water sources are:

Sewerage and centralized stormwater drainage channels.
Structures into which contaminated water is discharged (to specially equipped ones. This can be rain and melt water.
Local (local) treatment facilities built in accordance with the standards of the Water Code.

Places for collecting consumer and industrial waste, systems for discharging wastewater into receivers are made of special durable materials. If residential buildings or any other buildings are not provided with these structures, the protective coastal strip will suffer. In this case, fines will be imposed on the company.

Penalties for violation of the water protection regime

Fines for improper use of protected areas:

for citizens - from 3 to 4.5 thousand rubles;
for officials - from 8 to 12 thousand rubles;
for organizations - from 200 to 400 thousand rubles.

If violations are found in the private housing development sector, then the fine is issued to the citizen, and his costs will be small. If a violation is detected, it must be eliminated within the allotted time frame. If this does not happen, then the building is demolished, including forcibly.

For violations in the protective zone where drinking sources are located, the fine will be different:

citizens will contribute 3-5 thousand rubles;
officials - 10-15 thousand rubles;
enterprises and organizations - 300-500 thousand rubles.

Scale of the problem

The coastal protective strip of a water body must be operated within the framework of the law.

After all, one polluted lake or reservoir can become a serious problem for an area or region, since everything in nature is interconnected. The larger the body of water, the more complex its ecosystem. If the natural balance is disturbed, it can no longer be restored. The extinction of living organisms will begin, and it will be too late to change or do anything. Serious disturbances to the environment of water bodies can be avoided with a competent approach, compliance with the law, and careful attention to the natural environment.

And if we talk about the scale of the problem, then this is not a question of all humanity, but a reasonable attitude towards the nature of each individual person. If a person treats with understanding the riches that planet Earth has given him, then future generations will be able to see clean, transparent rivers. Scoop up water with your palm and... try to quench your thirst with water that is impossible to drink.

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-bog lakes) - from the average long-term highest level during the ice-free period;
for reservoirs - from the average long-term highest level during the ice-free period, but not lower than the forced 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.

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

What is a water protection zone

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

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

Changes in legislation

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

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

Water protection zones of water bodies: modern realities

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

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

Serious prohibitions in the old version of the Land Code

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

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

What was previously prohibited is now allowed

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

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

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

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

Results of changes to the Water Code

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

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

What can liberal policies lead to?

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

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

Scale of the problem

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

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

Instead of an afterword

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

﻿ Water protection zone of the water body and restrictions on construction. Restrictions on construction in the water protection zone

1 comment on the entry “Article 65 Water Code of the Russian Federation. Water protection zones and coastal protective strips”

Information about changes:

Information about changes:

Information about changes:

Information about changes:

Coastal areas subject to protection

Design

Dimensions of the protective coastal strip

Prohibition on certain types of work

Construction in a water protection zone

How to avoid sewage pollution?

Penalties for violation of the water protection regime

Scale of the problem

What is a water protection zone

Changes in legislation

Water protection zones of water bodies: modern realities

Serious prohibitions in the old version of the Land Code

What was previously prohibited is now allowed

Results of changes to the Water Code

What can liberal policies lead to?

Scale of the problem

Instead of an afterword

Water protection zone of the water body and restrictions on construction. Restrictions on construction in the water protection zone