You can dig in the coastal protective strip. Water protection zones and coastal protective strips

Water protection zones And coastal protective stripes - these terms in Lately on everyone's lips. And some people have already found themselves in an unpleasant situation related to these concepts. So let's finally figure out what it is.

Water protection zones and coastal protective strips of water bodies - these terms were introduced by the Decree of the Government of the Russian Federation of November 23, 1996 N 1404 “On approval of the regulations on water protection zones water bodies and their coastal protective strips.” The boundaries of zones and stripes, modes of their use, responsibility for their violations are determined by decisions of specific entities Russian Federation, on whose territory these water bodies are located.

Water protection zones of water bodies

Water protection zone water body - the territory adjacent to the water body. A special regime for its use and conduct of economic and other activities is determined on this territory. By by and large For an amateur fisherman, this concept is not needed. But for general development, so to speak, in general terms, I’ll tell you about it.

The size of the water protection zone is determined depending on the type of water body. For this size is determined depending on the length of the river and the area in which it flows. It is different for lowland and mountain rivers. In addition, for rivers that experience increased anthropogenic impact, the size of this zone is determined.

For lakes and reservoirs, the size of the water protection zone is determined depending on the area and location of the object. And, just like for rivers, depending on their significance and the degree of influence of anthropogenic impact on them.

As an example, I will give several values. For a river in the Kemerovo region, the size of the water protection zone is determined based on its economic, drinking and recreational value of 1000 meters. For mountain rivers and mountain sections of rivers – 300 meters. For rivers whose length is from 10 to 50 kilometers - 200 meters, from 50 to 200 kilometers - 300 meters, more than 200 kilometers - 400 m. For the Aba River (a tributary of the Tom), which has undergone significant anthropogenic impact, the size of the water protection zone is determined to be 500 meters.

For the Belovskoye Reservoir, the size of the water protection zone is determined to be 1000 meters. For the Kara-Chumysh reservoir this size is 4 kilometers, as well as for Lake Bolshoy Berchikul. For other lakes and reservoirs, the size of water protection zones is determined depending on the area of ​​the water area. With a surface area of ​​up to 2 square kilometers, the size of the water protection zone is determined to be 300 meters; for more than 2 square kilometers, the water protection zone is 500 meters.

In water protection zones, the use of aviation for pollination of fields and forests, the use of pesticides and mineral fertilizers, their storage. It is prohibited to place warehouses for fuel and lubricants and coal, ash and slag waste and liquid waste. The placement of livestock farms, cattle burial grounds, cemeteries, burial and storage of household, industrial and agricultural waste is prohibited. Mining, excavation and other work is prohibited.

In water protection zones, it is prohibited to wash, repair and refuel vehicles, as well as place parking for vehicles. It is prohibited to place gardening and summer cottages when the width of water protection zones is less than 100 meters and the steepness of the slopes is more than 3 degrees. Logging in main use forests is prohibited. The construction, reconstruction of buildings and structures, communications without the approval of a specially authorized state body for managing the use and protection of water resources is prohibited.

Coastal shelterbelts

Coastal shelterbelts– these are territories directly adjacent to a water body. This is where the amateur fisherman needs to be more careful. And this is connected not with the fisherman himself, but with his transport. Even more stringent restrictions apply within the boundaries of coastal protective strips.

In coastal protective strips, everything that was prohibited for water protection zones is prohibited. In addition, special prohibitions are added. In coastal protective zones prohibited everyone's movement Vehicle , excluding cars special purpose. It is prohibited to plow the land, store dumps of eroded soil, organize summer livestock camps and grazing, and establish seasonal stationary tent camps. It is prohibited to allocate garden plots and plots for individual construction.

The most important prohibition for fishermen is the prohibition of vehicle movement within the boundaries of coastal protective strips. If you violate this prohibition, there is a chance of running into a very significant fine.

The boundaries of coastal protective strips are determined, as I wrote above, by decisions of the constituent entities of the Russian Federation. For example, for the Kemerovo region, the size of coastal protective strips is shown in the table below.

Types of land adjacent to a water body The width of the coastal protective strip in meters, with the slope of the slopes of the territories adjacent to it
reverse and zero up to 3 degrees more than 3 degrees
Arable land 15-30 30-55 55-100
Meadows and hayfields 15-25 25-35 35-50
Forests, bushes 35 35-50 55-100

In coastal protective strips, plots of land are provided for the location of water supply, recreation, fishing and hunting facilities, hydraulic engineering and port structures upon receipt of water use licenses.

Owners of lands and objects located in water protection zones and coastal protective strips must comply with the established regime for their use. Persons who violate this regime are liable in accordance with current legislation.

Good afternoon

The purpose of establishing a coastal protective strip is set out in Decree of the Government of the Russian Federation of January 10, 2009 No. 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” Art. 2:

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

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

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

7. The coastal strip of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) and other water bodies provided for by federal laws is not determined.

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

That is, the coastal protective strip is established to limit individual species economic activity which may cause damage to water bodies, and the shoreline of a public water body is established in order to ensure the rights of citizens to access water bodies located in the state or municipal property.

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

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, the following are prohibited:
1) plowing of land;
2) placement of dumps of eroded soils;

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

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

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

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three degrees or more.
12. For flowing and drainage lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protective strip is set at fifty meters.
13. The width of the coastal protective strip of a river, lake, or reservoir that is of particularly valuable fishery importance (spawning, feeding, wintering areas for fish and other aquatic biological resources) is set at two hundred meters, regardless of the slope of the adjacent lands.

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

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

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Client clarification

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

    • Lawyer, Saint Petersburg

      Chat

      I looked and listed objects for placement without the provision of land ownership in accordance with Art. 39.36 Land Code. What specific question needs clarification?

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      Client clarification

      1- the very concept of the title of this resolution, the replacement of which can be carried out on lands and land plots without the provision of a land plot and the establishment of institutions.

      2- clause 10, clause 14, clause 16, clause 18, clause 20, clause 21 and clause 19, I understand this is provided for organizations servicing recreation areas of the population and further in the text.

      And on the basis of this resolution, we issued a decision to a person that he was taking a decent amount of land for personal use. And the rest, by verbal agreement, allows them to stand, that is, small vessels. How to be

      Lawyer, Saint Petersburg

      Chat

      1. This means that for the placement of objects listed in the specified List, it is not necessary to provide the site to citizens and legal entities on the right of ownership, lease... does not require the registration of an easement, but rather only obtaining permission from an authorized government body. In accordance with Part 3 of Art. 39.36 Land Code

      The procedure and conditions for the placement of these objects are established by the regulatory legal act of the constituent entity of the Russian Federation.

      There should be such a legal act in your region and there should also be a reference to it when issuing such a permit.

      2. The placement of these objects should not violate the restrictions established by Art. 65 Water Code.

      3. In accordance with Part 2 of Art. 6 Water Code

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

      If the actions of these persons violate your right to free access to public water bodies, or other rights, you have the right to write a complaint to the prosecutor’s office regarding this fact. If the prosecutor's office establishes violations, the perpetrators will be held accountable.

      If the answer to your question was helpful, please leave a +

      Sincerely, Alexander Nikolaevich!

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      Client clarification

      Lawyer, Saint Petersburg

      Chat

      But it completely takes away the mouth of the river that creates the sea and does not allow a small vessel to take off. What to do
      Tatiana

      I wrote to you above, file a complaint with the Prosecutor's Office. The prosecutor's office will conduct an investigation into this fact.

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      Client clarification

      Another question: I own a plot of land according to the law, 20 meters of the coastline, I retreated, but the same person wants to make a boat station there for personal use. What will this look like from a legal point of view?

      Client clarification

      Client clarification

      Lawyer, Saint Petersburg

      Chat

      Another question: I own a plot of land according to the law, 20 meters of the coastline, I retreated, but the same person wants to make a boat station there for personal use. This is what it will look like from a legal point of view
      Tatiana

      If the land plot is your property, then issue a permit for the installation of objects contained in the specified List of executive authorities and local government They cannot, since the land is privately owned. (you need to look at the boundaries of the site on the ground)

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      Lawyer, Saint Petersburg

      Chat

      Is the public strip exactly included in the protective strip of water bodies? Before this conversation they told me that no. Articles 6 and 65 are different
      Tatiana

      Look at the attached file, this is a schematic representation of the coastline and coastal protective strip.

      Yes, of course 6 and 65 tbsp. The RF VK are different, I didn’t say that they are the same

      i. i.jpg jpg

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    • Lawyer, Saint Petersburg

      Chat

      If I may ask one more question. Is the boat station located on the water or on a public shoreline? And if there is a protective strip of water bodies, then where is it on the water or on land? On the water it will be pantone.
      Tatiana

      The foreshore is on the shore, not on the water.

      The provision of water bodies for use is carried out in accordance with Chapter 3 of the Water Code, and cases of provision are contained in Art. 11 VK RF

      Article 11. Provision of water bodies for use on the basis of a water use agreement or a decision to provide a water body for use

      1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, property municipalities, are available for use for:
      1) fence (seizure) water resources from surface waters ny objects;

      2) use of the water area of ​​water bodies, including for recreational purposes;

      3) use of water bodies without abstraction (withdrawal) of water resources for the purpose of producing electrical energy.

      2. Based on decisions on the provision of water bodies for use, unless otherwise provided by Part 3 of this article, water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, and the property of municipalities are provided for use for:

      1) ensuring the defense of the country and the security of the state;

      2) discharge of wastewater, including drainage water;

      3) construction of berths, ship-lifting and ship-repair facilities;

      4) creation of stationary and (or) floating platforms, artificial islands on lands covered by surface waters;

      5) construction of hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, and other linear objects, if such construction is associated with changes in the bottom and banks of water bodies;

      6) exploration and production of mineral resources;

      7) carrying out dredging, blasting, drilling and other work related to changing the bottom and banks of water bodies;

      8) raising sunken ships;

      9) rafting of wood in rafts and using purses;

      10) intake (withdrawal) of water resources for irrigation of agricultural lands (including meadows and pastures);

      11) organized holiday children, as well as organized recreation for veterans, elderly citizens, and disabled people;

      12) intake (withdrawal) of water resources from surface water bodies and their discharge during aquaculture (fish farming).

      3. There is no requirement to conclude a water use agreement or make a decision to provide a water body for use if the water body is used for:
      1) navigation (including sea shipping), navigation of small vessels;

      2) performing a one-time takeoff and one-time landing of aircraft;

      3) withdrawal (withdrawal) of water resources from an underground water body, including water resources containing minerals and (or) being natural medicinal resources, as well as thermal waters;

      4) intake (withdrawal) of water resources in order to ensure fire safety, as well as preventing emergency situations and eliminating their consequences;

      5) intake (withdrawal) of water resources for sanitary, environmental and (or) shipping releases (water discharges);

      6) intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means;

      7) implementation of aquaculture (fish farming) and acclimatization of aquatic biological resources;

      8) conducting state monitoring of water bodies and other natural resources;

      9) carrying out geological research, as well as geophysical, geodetic, cartographic, topographical, hydrographic, diving work;

      10) fishing, hunting;

      11) implementation of traditional environmental management in places of traditional residence of indigenous peoples of the North, Siberia and Far East Russian Federation;

      12) sanitary, quarantine and other control;

      13) security environment, including water bodies;

      14) scientific, educational purposes;

      15) exploration and extraction of mineral resources, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains;

      16) watering gardens, gardens, country houses land plots, maintaining a personal subsidiary plot, as well as a watering place, carrying out work on caring for farm animals;

      17) bathing and satisfying other personal and everyday needs of citizens in accordance with Article 6 of this Code;

      18) carrying out dredging and other work in the water area of ​​a sea or river port, as well as work on the maintenance of inland waterways of the Russian Federation;

      19) creation of artificial land plots.

      4. The provision of water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out accordingly by executive bodies state power and local government bodies within the limits of their powers in accordance with Articles 24 - 27 of this Code.


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

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

    "Within the Borders water protection zones Driving and parking are prohibited 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."

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

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

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

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

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

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

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

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

    TERMS

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

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

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

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

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

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

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

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

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

    WIDTH

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

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

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

    Width water protection zone sea ​​is 500 m.

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

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

    LENGTH

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

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

    BORDERS

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

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

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

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

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

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

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

    PUNISHMENT FOR VIOLATION

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

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

    OBSTACLE TO FREE ACCESS TO WATER BODY

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

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

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

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

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

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

    IS IT POSSIBLE TO FISH IN THE COASTAL PROTECTIVE BAND?

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

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

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

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

    GRAZING AND WATERING ON THE SHORE OF FARM ANIMALS

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

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

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

    IS IT POSSIBLE TO WASH THE CAR ON THE SHORE?

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

    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. Water environment- this 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 there are valuable species fish, it will pass 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:

    1. The use of manure waste to fertilize the land.
    2. Disposal of agricultural and household waste, cemeteries, cattle burial grounds.
    3. Use for discharging contaminated water and garbage.
    4. Washing and repairing cars and other mechanisms, as well as their movement in this area.
    5. Use for transport placement.
    6. Construction and repair of buildings and structures without approval from authorities.
    7. Grazing and summer housing of livestock.
    8. 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 placement 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, disposal systems Wastewater The 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.

    COASTAL PROTECTIVE BAND - a coastal territory of a specified width from the water's edge of a water body, which is part of the water protection zone.[...]

    In the coastal protective strips of water protection zones, it is allowed to locate recreational facilities, water supply facilities, fishing and hunting facilities, as well as water intake, port and hydraulic structures, subject to a water use license.[...]

    Within the coastal protective strips, in addition to the restrictions established for water protection zones, 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 and garden plots and allocation of plots for individual construction; movement of cars and tractors, except for special purpose vehicles.[...]

    In forests of water protection zones and coastal protective strips, final felling is prohibited. It is permitted to carry out intermediate cuttings and other forestry activities that ensure the protection of water bodies.[...]

    Within water protection zones, coastal protective strips are distinguished, which are directly adjacent to water bodies. Within their limits, in addition to the restrictions in force in water protection zones, it is prohibited to plow land, use fertilizers, store dumps of eroded soils, install seasonal tent camps, place summer cottages and garden plots, allocate plots for individual construction, lay out driveways and roads, and vehicle traffic. , tractors and mechanisms.[...]

    Within water protection zones, coastal protective strips are established, in the territories of which additional restrictions on environmental management are introduced.[...]

    Within water protection zones, coastal protective strips are established where excavation of land, cutting and uprooting of forests, placement of livestock farms and camps, as well as other activities are prohibited. The procedure for establishing the size and boundaries of water protection zones, their coastal protective strips, as well as the regime for their use are established by the Government of the Russian Federation. In order to protect water bodies, it is envisaged to establish other zones: sanitary protection, emergency ecological situation and environmental disaster in water bodies. The latter include those where, as a result of economic activity or natural processes, changes occur that threaten human health, flora and fauna, and the state of the environment. natural environment.[ ...]

    Territorial standards include sanitary protection zones of industrial facilities (individual enterprises or groups, industrial units), water protection zones (including coastal protective strips), sanitary protection zones for surface and underground water intakes, sanitary protection districts.[...]

    It is as a result of the establishment of water protection zones and coastal protective strips and a special regime for economic and other activities within their boundaries that the protection and restoration of surface water bodies and the improvement of their hydrological regime are ensured.[...]

    Maintaining water protection zones, coastal protective strips and water protection signs in proper condition is the responsibility of water users. At the same time, land owners, landowners and land users on whose lands there are water protection zones and coastal protective strips are required to comply with the established regime for the use of these zones and strips. Thus, water protection zones and coastal protective strips can be considered rather as restrictions on land rights established in accordance with Art. 56 of the Land Code of the Russian Federation.[...]

    Additionally, to protect water bodies, coastal protective strips are installed, which are part of water protection zones, the territory of which is directly adjacent to water bodies. They should be occupied by forest-shrub vegetation or tinned. The minimum width of strips is set depending on topographic conditions and types of land adjacent to the water body. For water bodies of the highest fishery category, coastal protective strips must be at least 100 m.[...]

    The procedure for establishing the size and boundaries of water protection zones and their coastal protective strips, as well as the regime for their use, are established by the government of the Russian Federation.[...]

    The regulations establish the minimum width of water protection zones and coastal protective strips for various water bodies: for rivers, oxbow lakes and lakes - from the average long-term water line to summer period; for reservoirs - from the water's edge at normal retaining level; for seas - from the maximum tide level; for swamps - from their border (zero depth of the peat deposit). The minimum width of water protection zones is established for river sections extending from their source: up to 10 km - 50 m, from 10 to 50 km - 100 m, from 50 to 100 km - 200 m, from 100 to 200 km - 300 m, from 200 to 500 km - 400 m, from 500 km and more - 500 m.[...]

    A special legal regime is established for certain types of 3. c. f., which include water protection zones and coastal protective strips.[...]

    Decree of the Government of the Russian Federation of November 23, 1996 “On approval of the Regulations on water protection zones of water bodies and their coastal protective strips” // SZ RF, 1996, No. 49, art. 5567.[...]

    Isolation of such 3. h. provides for a law on the use and protection of natural resources, environmental legislation. Protective ecological zones include water protection zones of water bodies with coastal protective strips allocated within their boundaries, protective zones (districts) created for the protection natural complexes specially protected natural areas from anthropogenic influences, protective areas to ensure life cycles animals.[...]

    The standards and regime of water protection zones are determined by the Water Code of the Russian Federation (Article 111) and the Regulations on water protection zones of water bodies and their coastal protective strips, approved by the Decree of the Government of the Russian Federation of November 23, 1996. A water protection zone is the territory adjacent to the water areas of rivers, lakes, and reservoirs and other surface water bodies, where 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. The water protection zone is created as component environmental measures, as well as measures to improve the hydrological regime and technical condition, improvement of water bodies and their coastal areas. Within water protection zones, coastal protective strips are established, in the territories of which additional restrictions on environmental management are introduced.[...]

    The task of executive authorities is to bring to the attention of interested organizations and citizens decisions (decisions) on the boundaries of water protection zones and coastal strips of rivers, lakes, reservoirs and their water protection regime. State control over compliance with the procedure for establishing the size and boundaries, as well as the regime of economic and other activities within water protection zones and coastal protective strips, is entrusted to the executive authorities of the constituent entities of the Russian Federation, basin and other territorial bodies for managing the use and protection of the water fund of the Ministry of Natural Resources of the Russian Federation, specifically authorized state bodies in the field of environmental protection, state bodies for managing the use and protection of land and specially authorized forestry management bodies within the limits of their powers.[...]

    Sometimes in the legal literature water protection zones are considered as OOGTR. However, from a formal point of view, this position does not seem entirely correct. Neither the Water Code nor the Regulations on water protection zones of water bodies and their coastal protective strips define water protection zones in general as specially protected natural areas. At the same time, the Water Code of the Russian Federation contains a provision according to which water protection zones of water bodies that are sources of drinking water supply or spawning grounds for valuable fish species are declared specially protected areas in the manner established by the Government of the Russian Federation (Part 6 of Article 111). As follows from the meaning of Art. 2 of the Law on Protected Natural Areas, subjects of the Russian Federation have the right to classify water protection zones as specially protected natural areas, which is already being done in some regions (for example, in the Amur region)”10 or the city of Moscow. The Land Code classifies areas occupied by water protection zones and coastal protective strips as environmental lands (see section 2.1).[...]

    Lake Baikal has the status of an object World Heritage and is included in the UNESCO list. This object is one of the largest on the list and includes the water area of ​​the lake (with Olkhon Island and other islands) and its natural environment within the boundaries of the first catchment. The coastal protective strip of the lake includes little-changed mountain-taiga landscapes of the Barguzinsky, Primorsky, Khamar-Da-ban ridges, etc. and the Selenga delta. More remote, but ecologically significant areas of Lake Baikal are designated as various kinds of specially protected natural areas and objects.[...]

    When developing the Concept of the System of Protected Natural Areas in Russia, its developers proceeded from a broad understanding of protected natural areas3. Protected natural areas (PA) - natural areas allocated for the purpose of nature conservation, for which a special regime of environmental management and protection has been established (specially protected natural areas, forests various categories protection, especially protective forest areas, water protection zones and coastal protective strips, zones of sanitary protection of drinking water supply sources, protective areas allocated for the protection of fauna, natural landscapes within the boundaries of historical and cultural museums-reserves, reserved territories, lands of conservation anti-erosion, pasture-protective and field-protective plantings, other lands that perform environmental functions and are classified as lands for environmental purposes, etc.). In this interpretation, specially protected natural areas are an element of more common system protected natural areas.[...]

    In order to maintain water bodies in a condition that meets environmental requirements, ensure protection and rational use water resources when carrying out economic and other activities on the territory of the Russian Federation, the Water Code of the Russian Federation (dated November 16, 1995 No. 167-FZ) and the Decree of the Government of the Russian Federation “On the approved Regulations on water protection zones of water bodies and their coastal strips” dated November 23, 1996 No. 1404 provides establishment of water protection zones and coastal protective strips. Practical work in this direction is carried out by the basin departments of the Ministry of Natural Resources of Russia, which prepare Lists of water bodies in the region indicating their sizes. The lists are approved by order of the governor.[...]

    To maintain water bodies in a condition that meets environmental requirements, eliminates pollution, clogging and depletion of surface water and preserves the habitat of animals and plants, water protection zones are organized. They are territories adjacent to the waters of rivers, reservoirs and other surface water bodies; they are subject to a special regime for the use and protection of natural resources, as well as the implementation of other activities. Within the specified zones, coastal protective strips are established, where it is not allowed to plow the land, cut down forests, place farms, etc. [...]

    Particular attention should be paid to the special justification for the purpose of the water conservation area in Cheboksary, the creation of artificial watercourses and reservoirs as protected objects, settling ponds for wastewater, etc. Due to the fact that natural waters Cheboksary are characterized high degree pollution, their rehabilitation is necessary. This is a complex of impacts on natural waters and other components of the ecosystem in order to restore the latter’s lost properties and qualities (Orlov, Chernogaeva, 1999). Inside the Cheboksary Water Protection Zone, a coastal protective strip with the most stringent regime should be allocated, although this measure will cause a negative attitude from the owners of summer cottages and garages located in the valleys of small rivers. This should not scare us, since it is the river valleys that provide the city with its ecological framework. Water protection in Cheboksary must be observed not only for open natural channels, but also for canals, watercourses in pipes, collectors, embankments, etc. Therefore, when arranging embankments, drainages and filters should be installed at their base to ensure a hydraulic connection of groundwater and surface waters. In addition, such a connection always arises when attempting to fill up streams and ravines, divert the riverbed, etc. In this case, under-channel flows and other groundwater, which should also be taken into account when arranging the airfield. It is obvious that it is inadmissible to discharge untreated storm water and melt water into the city’s hydrographic network, from where they then enter the Cheboksary reservoir.[...]

    Mole alloy, despite its simplicity, has disadvantages. Significant losses of wood are associated with the release of logs onto the banks and especially with their sinking. Deciduous trees sink and get wet most quickly: birch, aspen, maple, etc. Moth alloy affects the natural state of rivers and causes great damage to fisheries. Sunken wood and bark litter the riverbed, and when they decompose, oxygen is absorbed and released harmful substances that poison the water. Floating logs often injure fish going to spawn, destroy spawning grounds and banks, which contributes to siltation of the riverbed. To facilitate the management of timber rafting, the coastal protective strip of bushes is usually cut down, which leads to intense erosion of the banks, contributes to siltation of riverbeds and water pollution by surface runoff. [...]

    Administrative liability for water offences. Perhaps during administrative reform This part of Russian legislation (except for the introduction of general environmental offenses) has undergone the greatest changes. The legislator decided not only to significantly expand the list of elements of water offenses, but also used the means of legal technology to the maximum extent when formulating the characteristics of the subject and the objective side, trying to specify them. Thus, the Code of the Russian Federation on Administrative Offenses contains Part 1 of Art. 7.2 compositions for destruction or damage to observation regime wells for groundwater, observation regime sites on water bodies, water management or water protection information signs, signs defining the boundaries of coastal protective strips and water protection zones of a water body; in Art. 7.6 - elements of unauthorized occupation of a water body or part thereof and use of them without permission (license) or without an agreement or in violation of the terms of the permission (license), agreement; in Art. 7.7 - composition of damage to hydraulic, water management, water protection structures, devices or installations; in Art. 7.8 - composition of unauthorized occupation of a land plot of a coastal protective strip, water protection zone of a water body or zone (district) of sanitary protection of sources of drinking and domestic water supply; in Art. 7.10 - elements of unauthorized assignment of the right to use water body and unauthorized exchange of water bodies; in Art. 8.12 - elements of violation of the procedure for allotment of land plots, the procedure for providing forests for use in water protection zones and coastal strips of water bodies, violation of the regime of their use; in Art.[...]

    In 1999-2000 When checking the implementation of water legislation (in connection with pollution of the water area with insufficiently treated and contaminated wastewater), more than 5.6 thousand violations were identified, for the commission of which various types 2,360 persons were brought to legal liability as a result of 1,912 submissions made by prosecutors, and 42 illegal legal acts were protested. Prosecutor's inspections established that in the area of ​​the Ivankovo ​​reservoir - the main source of drinking water supply in Moscow, from which 6 million cubic meters are supplied per day. m of water for the capital, no more than 20% actually functions treatment facilities, while more than 100 million cubic meters are supplied annually from the territories of enterprises and 27 settlements. m of wastewater, half of which is not treated to the standard level. Employees of the prosecutor's office achieved the repair of treatment facilities at 12 enterprises, the commissioning of treatment facilities with a capacity of 2000 cubic meters. m at the Zavidovskaya poultry farm, the removal of 14 objects from the banks of the reservoir, including 4 livestock complexes, about 40 objects, at the request of the prosecutor's office, passed the state environmental assessment, more than 200 violations were suppressed, in particular, unauthorized construction in a 15-meter coastal protective strip, unauthorized construction of berths and boathouses, etc., unauthorized construction of more than 30 cottages, the village of Zeleny Bor with 300 houses, was suspended, nine claims were filed in court for the demolition of unauthorized buildings, of which five have already been satisfied.