Is there a water protection zone near the pond. What is the difference between the coastal strip of general use and the coastal protective strip of water use

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

2. Within the boundaries of water protection zones, coastal protection zones are established, on the territories of which additional restrictions on economic and other activities are introduced.

3. Outside the territories of cities and other settlements, the width of the water protection zone of rivers, streams, canals, lakes, reservoirs and the width of their coastal protection strip are established from the location of the corresponding coastline (the boundary of the water body), and the width of the water protection zone of the seas and the width of their coastal protection stripes - from the line of maximum tide. In the presence of centralized storm drainage systems and embankments, the boundaries of the coastal protection zones of these water bodies coincide with the embankment parapets, the width of the water protection zone in such areas 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, brook less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protection zone. The radius of the water protection zone for the sources of the river, stream is set at fifty meters.

6. The width of the water protection zone of a lake, a reservoir, with the exception of a lake located inside a swamp, or a lake, a reservoir with a water area of less than 0.5 square kilometers, shall be 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 right-of-way of such canals.

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

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

12. For flowing and wastewater lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protection strip is set at fifty meters.

13. The width of the coastal protection strip of a river, lake, reservoir of especially valuable fishery value (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters regardless of the slope of the adjacent lands.

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

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

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

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

Information about changes:

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

5) location of filling stations, warehouses of fuel and lubricants (except for cases where filling 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 clause 6

6) placement of specialized storage facilities for pesticides and agrochemicals, the 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 clause 7

7) discharge of waste water, 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 Clause 8

8) exploration and production of widespread minerals (except for cases where exploration and production of widespread minerals is carried out by subsoil users who are engaged in exploration and production of other types of minerals, within the boundaries provided to them in accordance with the legislation of the Russian Federation on the subsoil of mining allotments and (or ) geological allotments on the basis of an approved technical design in accordance with Article 19.1 of the Law of the Russian Federation of February 21, 1992 N 2395-I "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 depletion of water in accordance with water legislation and legislation in the field of environmental protection. The choice of the type of structure that ensures the protection of a water body from pollution, clogging, silting and depletion of water is carried out taking into account the need to comply with the standards for permissible discharges of pollutants, other substances and microorganisms established in accordance with the legislation in the field of environmental protection. For the purposes of this article, structures that ensure the protection of water bodies from pollution, clogging, siltation and depletion of water are understood as:

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

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

3) local treatment facilities for wastewater treatment (including rainwater, 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;

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

(as amended by Federal Law of 13.07.2015 N 244-FZ)

2. Within the boundaries of water protection zones, coastal protection zones are established, on the territories of which additional restrictions on economic and other activities are introduced.

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.

(as amended by Federal Law of 14.07.2008 N 118-FZ)

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

(Part 7 as amended by Federal Law of 28.06.2014 N 181-FZ)

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

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

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

12. For flowing and wastewater lakes and corresponding watercourses located within the boundaries of swamps, the width of the coastal protection strip is set at fifty meters.

(as amended by Federal Laws of 14.07.2008 N 118-FZ, of 07.12.2011 N 417-FZ, of 13.07.2015 N 244-FZ)

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

1) the use of wastewater to regulate soil fertility;

(as amended by Federal Law of 21.10.2013 N 282-FZ)

(as amended by Federal Laws of 11.07.2011 N 190-FZ, of 29.12.2014 N 458-FZ)

3) implementation of aviation measures to combat harmful organisms;

(as amended by Federal Law of 21.10.2013 N 282-FZ)

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

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

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

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

7) discharge of waste water, including drainage water;

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

(Clause 8 was introduced by the Federal Law of October 21, 2013 N 282-FZ)

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

4) structures for the collection of industrial and consumer waste, as well as structures and systems for the drainage (discharge) of wastewater (including rain, melt, infiltration, irrigation and drainage water) into receivers made of waterproof materials.

(Part 16 as revised by Federal Law No. 282-FZ of 21.10.2013)

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

(Part 16.1 is introduced by Federal Law of October 21, 2013 N 282-FZ; as amended by Federal Law of July 29, 2017 N 217-FZ)

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

(Part 16.2 is introduced by Federal Law of December 27, 2018 N 538-FZ)

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

1) plowing of land;

2) placement of dumps of eroded soil;

3) grazing farm animals and organizing summer camps and baths for them.

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

(Part eighteen as amended by Federal Laws of 14.07.2008 N 118-FZ, of 03.08.2018 N 342-FZ)

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

In the last decade, many private real estate objects have been built on the shores of our reservoirs in cities and villages of the country. But at the same time, the legislative norms were not observed at all, by and large, they did not interest anyone. But construction in such places is illegal. Moreover, the coastal areas of water bodies have a special status. It is not for nothing that these territories are protected by law, there is probably something important, special in them ... Let's talk about this in more detail.

What is a water protection zone

First, you need to understand a little about the terminology. A water protection zone, in terms of legislation, is land adjacent to water bodies: rivers, lakes, seas, streams, canals, reservoirs.

A special mode of activity has been established in these areas to prevent clogging, pollution, deterioration and depletion of water resources, as well as to preserve the habitual habitat of flora and fauna, biological resources. On the territory of water protection zones, special protective belts are established.

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). Or rather, the size of the coastal territories has been greatly reduced. To understand what this is about, let's give an example. Until 2007, the smallest width of water protection zones for rivers (the length of the river is important) was 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 also clearly determined by such parameters as the type of land adjacent to the water body.

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

Water protection zones of water bodies: modern realities

Now the width of the coastal areas is established by the law itself (the Water Code of the Russian Federation, article 65). Water protection zones and coastal protection zones for rivers more than fifty kilometers long are limited to an area of no more than two hundred meters. And the executive authorities at the moment do not have the right to establish their own norms. We clearly see that the water protection zone of the river, even the largest, is no more than two hundred meters. And this is several times less than the previous standards. This is about rivers. And what about other water areas? Here the situation is even worse.

Water protection zones of water bodies, such as lakes, reservoirs, have decreased in size by ten times. Just think about the numbers! Ten times! For reservoirs, the area of which is over 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. Dimensions are in size, but any body of water has its own ecosystem, which should not be invaded, otherwise it threatens to disrupt all bioprocesses. So how can you leave even a small lake without protection? The only exceptions were those water bodies that are important in fisheries. We see that the water protection zone has undergone not the best changes.

Serious prohibitions in the old version of the Land Code

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

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

What was previously forbidden is now allowed

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

Fertilization of the soil with sewage is not allowed.
Such a territory cannot become a place for the placement of cattle burial grounds, cemeteries, burial of poisonous, chemical and radioactive substances.
Aviation 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. An exception can only be specialized areas with a hard surface.

Protective belts are now legally fenced only from plowing land, from arranging pastures for livestock and camps.

In other words, the legislators gave the go-ahead to place dacha cooperatives in the coastal strip, car wash, repair, refueling of cars, provide land for construction, etc. In fact, construction is allowed in the water protection zone and on the coastline. Moreover, the obligation to coordinate all types of activities with competent authorities (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 protected area can become the property of private individuals. And then they can do whatever they want with her. Although earlier in Art. 28 FZ was an outright ban on the privatization of these lands.

Results of changes in the Water Code

We see that the new legislation is much less demanding on the protection of coastal areas and water resources. Initially, concepts such as a water protection zone, its size and the size of protection zones were defined by the laws of the USSR. They were based on geographic, hydrological, 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, to preserve the eco-balance of coastal zones, since they are a habitat for animals. The river's water protection zone has been established once, and the rules have been 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 the legislators when introducing such drastic changes was simply to give an opportunity to legitimize the spontaneous massive 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 earlier naturally falls under the earlier regulations and documents. This means that it cannot be legalized. This is the kind of collision that arose.

Where Liberal Politics Can Lead

The establishment of such a soft regime for water bodies and their coastal zones, permission to build structures in these places will have a detrimental effect on the state of the surrounding areas. The water protection zone of the reservoir is designed to protect the object from pollution, from negative changes. After all, this can lead to a violation of a very fragile ecological balance.

Which, in turn, will affect the life of all organisms and animals living in this territory. A beautiful lake in the forest can turn into an overgrown swamp, a fast river into a muddy tributary. But you never know such examples can be given. Remember how many summer cottages were distributed, how people with good intentions tried to ennoble the land ... But here's the bad luck: the construction of a thousand summer cottages on the shore of a huge lake led to the fact that it turned into a terrible stinking semblance of a reservoir in which it was no longer possible to swim. And the forest in the area has considerably thinned out after the participation of people. And these are not the saddest examples yet.

Magnitude of the problem

The water protection zone of a lake, river or other body of water should be under the scrutiny of the law. Otherwise, the problem of one polluted lake or storage facility may develop into a global problem for the whole 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 is probably worth considering this.

Instead of an afterword

In our article, we examined the current problem of water protection facilities and the importance of observing their regime, and also discussed the latest changes in the Water Code. I would like to believe that the relaxation of norms regarding the protection of water bodies and adjacent territories will not lead to catastrophic consequences, and people will rationally and respect the environment. After all, a lot depends on you and me.