Consider one of the articles of the Water code, which has caused much controversy, a lot of discussions and misunderstandings, to which there is confusion, sometimes outrage. This is Chapter 6,”Protection of water bodies“, article 65, part 15, paragraph 4. Here is what it says:
“Within the boundaries of water protection zones prohibit the movement and Parking of vehicles (except special vehicles), except for their movement on roads and Parking lots on the roads and in specially equipped areas with solid coverage.”
There are anglers who go fishing on foot. This point, of course, not concerned, But, after all, the vast majority of anglers come for fishing trips on personal motor vehicles. And here there is a lot of questions.
First, as to carry to a distance the rig up to the shoreline, because the width of water protection zones is based on a body of water from 50 to 200 meters. Modern fishing involves pretty heavy set of tackles and other tools required for fishing. Not all young, not all athletes. And after the fishing we still have the catch of the haul, and usually uphill. And even the garbage I could pick up. Many complain that can’t stand fish, unless you see the side of his car. Were also cases, when I removed the wheels, into the cabin. Protected sites on the waters, away from civilization, no.
If you carefully read the article 65 of the Water code, you will realize that the traffic on the roads and Parking on roads in water protection zones is not prohibited. Then the question arises: what is the road from the point of view of the Law. Federal law No. 196-FZ “On road safety”, adopted on 15 November 1995, amended on 28.12.2013, article 2 States:
“The road — equipped or adapted and used for movement of vehicles a strip of land or surface of artificial structures. The road includes one or several carriageways, and also tram ways, sidewalks, roadsides and dividing strips at their presence.”
Of the above in the last sentence, we are interested only in the sidelines. In other words, if within a water protection area is the road, including dirt, then it is possible to move and leave the car on the roadside. Well-equipped kitchen on the banks of reservoirs in the vast majority of cases. Therefore, in addition to the roadside stand vehicles nowhere else. And if your car moves off the road and stopped on the grass near the shore, then there is a clear violation of the Law.
Here is another article of the Water code, relating to recreational fishing. This article 6, “Water objects of General use,” part 8, which reads:
“Every citizen has the right to use (without the use of mechanical vehicles) coastal strip of water objects of General use for the movement and stay near them, including for the implementation of Amateur and sports fishery and mooring of floating devices.”
It is also mentioned mechanical vehicle, i.e. again it is said that the use of road transport within the coastal strip cannot.
The coastline is a border water body. It is defined for:
1) sea — continuous water level, and in the case of periodic changes of water level of maximum low tide;
2) river, Creek, canal, lake, flooded career — average long-term level of water in the period when they are not covered with ice;
3) pond, reservoir is at the normal retaining water level;
4) the swamp — on the border of the peat deposits at zero depth.
The coastline is a strip of land along the shoreline of the water body for General use is designed for General use. The width of the coastal strip of water objects of General use is 20 m, with the exception of the coastal strip of channels, as well as rivers and streams, the length of which from source to mouth no more than ten kilometers. The width of the coastal strip of channels, as well as rivers and streams, the length of which from source to mouth no more than ten kilometers, is 5 m.
Water protection zone — a territory that is adjacent to the shoreline of seas, rivers, streams, canals, lakes, reservoirs , and which is established special regime of implementation of economic and other activities to prevent pollution, contamination, silting of these water objects and an exhaustion of their waters, as well as the preservation of habitats of aquatic biological resources and other objects of flora and fauna.
Coastal protective strip – the territory within the boundaries of water protection zoneswhere additional restrictions are introduced economic and other activities.
Width of water protection zone of rivers or streams depends on their length, from source to mouth: — up to 10 km – 50 m; from 10 to 50 km – 100 m; — 50 km and over 200 m.
Width of water protection zone of the lake, reservoir, except lakeslocated inside a swamp or lake, a reservoir with area less than 0.5 sq km, is set at 50 m. the Width of water protection zoneof the reservoir, located on the watercourse, is set equal to the width of the riparian zones of the watercourse.
Width of water protection zone of lake Baikal is installed separately (the Federal law from may 1, 1999 No. 94-FZ “On protection of lake Baikal”).
Width of water protection zone of the sea is 500 m.
The width of the coastal protective strip depends on the slope of the shore of the water body and is 30 m long (from the coastline) for a reverse or zero bias, 40 m for slopes up to 3 degrees and 50 m for slope more than 3 degrees.
For flow and drainage of lakeslocated within the boundaries of the wetlands and watercourses of the respective width of the coastal protective strip is 50 m. the Width of the coastal protective strip of the river, lake, reservoir, having a particularly valuable fishery (spawning grounds, fattening, and wintering of fish and other aquatic biological resources) is 200 m regardless of slope of the surrounding land. On the territories of settlements in the presence of centralized stormwater systems wastewater and quays of border of coastal protective strips coincide with parapets of quays. Width of water protection zone in such territories is established from the parapet of the embankment. In the absence of embankment width of water protection zone, coastal protective strip is measured from the shoreline.
The length of the
If the concepts of “coastline” and “coastline” is clear — they by definition extend throughout the reservoir, the question arises: water conservation area – where’s she? Everywhere, throughout the reservoiror not? In the water code specifies only the width of water protection zones and coastal protective strips, i.e. the distance from the shore. And what is their length?
The length of riparian zones, and shorelineequal to the length of the reservoir. And the length of the coastal protective strip is different for different water bodies. How to know the borders of the coastal protective strip?
The boundaries of water protection zones and borders of coastal protective stripsof water objects are established in accordance with RF Government Resolution of January 10, 2009 № 17 “On approval of Rules of establishment on district of borders of water conservation zones and borders of coastal protective strips of water objects”.
The Ruling said that the establishment of borders by bodies of state power of subjects of the Russian Federation, which provide the definition of the width of water protection zones and the width of the coastal protective strip of each water body, description of the boundaries of water protection zones and borders of coastal protective strips of water object, their coordinates and reference points, mapping the boundaries of water protection zones and borders of coastal protective strips of water objects in cartographic materials, the establishment of boundaries of water protection zones and borders of coastal protective strips of water bodies directly on the ground, including through special information signs. Data on borders of water protection zones and borders of coastal protective strips of water objects, including maps, are included in the state water register.
They (the state authorities of the constituent entities of the Russian Federation) provide the location of the special information signs all along the borders of water protection zones and coastal protective stripsof water objects in characteristic points of the terrain, and in places of crossing of water bodies by the roads, in rest areas and other places of mass stay of citizens and maintain these signs in good condition.
As a simple man, not having access to cartographic materials describing the boundaries of water protection zonesand borders of coastal protective strips of water object, their coordinates and reference points, can know the boundaries of water protection zone or coastal protection zone? Not otherwise, as by the presence of the special information signs.
A lot of discussion has caused part 18 of article 65 of the Water code, which deals with the establishment on district of borders of water protection zones and borders of coastal protective strips of water bodies, including through special information signs. The article stated that, establishment of special information signsshall be in the manner prescribed by the Government of the Russian Federation. I.e. here it is necessary to know the RF Government Decree of January 10, 2009 № 17 “On approval of Rules of establishment on district of borders of water conservation zones and borders of coastal protective strips of water objects”, which defines the Rules of establishment on district of borders of water conservation zones and borders of coastal protective strips of water bodies. This regulation describes the samples of informative signs.
With regard to information signs on the presence of riparian zones , and its width, then among anglers turned heated discussion. Like, if there is no sign, there is no prohibition. This is not so. Unlike road signs, the presence of the mark on the reservoir is possible, but not necessary. The lack of information signs, unfortunately, is not an excuse, just as ignorance of the law. A citizen is obliged to fulfill the requirements of the environmental legislation.
In part 5 of article 6, “Water objects of the General using” it is said that the information about restriction of water use on water objects of common use is provided to citizens by local authorities, not only through special information signs, but also through the media. Can also be used other ways of provision of such information.
THE PENALTY FOR VIOLATION
The punishment provided by Law for violation of clause 4 of part 15 of article 65 of the Water code?
For violation of clause 4 of part 15 of article 65 of the Water code (traffic and Parking of vehicles within the water protection zones and coastal protective strip) provides for administrative punishment under part 1 of article 8.42 of the Code of the Russian Federation about Administrative Offences in the form of a fine from 3000 to 4500 rubles for each offender.
OBSTACLE-FREE ACCESS TO THE WATER OBJECT
Here are excerpts from the article 6, “Water objects of General use” of the Water code.
Reservoirs that are in state or municipal property, are water objects of common use, i.e., public water facilities, unless otherwise provided in this Code.
Every citizen has the right to have access to water objects of common use and free to use for personal and domestic needs, unless otherwise stipulated by this Code, other Federal laws.
A strip of land along the shoreline of the water object of General use (coastal strip) is intended for General use.
For this violationprovided for in article 8.12.1. Administrative code “Failure to comply with conditions for securing free access of citizens to water object of General use and its coastal zone“, imposed a fine on citizens in the amount from 3,000 to 5,000 roubles; on officials — from 40,000 to 50,000 rubles; for individuals engaged in entrepreneurial activities without forming a legal entity, — from 40,000 to 50,000 rubles or administrative suspension of activity for up to 90 days; for legal entities — from 200,000 to 300,000 rubles or administrative suspension of activity for up to 90 days.
IS IT POSSIBLE TO FISH IN THE COASTAL PROTECTION ZONE?
Not infrequently fishers have such question: is Prohibited fishing in the water protection zone or coastal protection zone?
No, not prohibited. To understand this, let us return to article 65 of Chapter 6 “Protection of water bodies” the Water code.
It is stated that in water protection zones is established a special regime of implementation of economic and other activities, and that the borders of coastal protective strips introduces additional limitations of economic and other activities.
What is the economic activity, I think, clearly, what “other activities” requires clarification. Recreational fishing does not fall under the concept of “other activities”. Other activity is primarily the operation, i.e. this concept is economic. And fishing is a leisure activity. In other words, fishing in coastal protective strips are not prohibited. Only limited entry to the vehicle.
GRAZING AND WATERING PLACE ON THE SHORE OF FARM ANIMALS
Besides the fact that grazing animals causes certain inconvenience for travelers and in particular fishermen, it is still forbidden by the same article 65 of the Water code, part 17 which reads as follows:
“Within the borders of coastal protective strips along with the established by part 15 of this article, the restrictions prohibited the grazing of farm animals and providing summer camps baths.”
CAN I WASH YOUR CAR ON THE BEACH?
To wash automobiles near ponds or in protected areas,prohibited throughout Russia, differ only fines in the regions. This step also falls under the eighth Chapter of the administrative code “Administrative offences in the field of environment protection and natural resources management”.