Federal Arbitration Court of the Far Eastern District
composed of:
presiding: Lesnenko C.Yew.
Judges: Grebenshchikova V.A., Novikova S.N.
starring
without the presence of representatives of the persons participating in the case
considered at the court session the cassation appeal of the Department of Urban Planning and Architecture of the Administration of Vladivostok
to the decision of the Fifth Arbitration Court of Appeal dated September 30, 2013
in case N А51-7802/2013 Arbitration Court Primorsky Territory
The case was considered: in the Court of Appeal judges: Goncharova A.The., Anisimova N.N., Eremeeva O.Yew.
At the suit of Woodland Limited Liability Company
to the Department of Urban Planning and Architecture of the Administration of Vladivostok
interested party: Department of Land and Property Relations of the Primorsky Territory
to contest the decision
In accordance with Article 163 of the Arbitration Procedure Code Russian Federation the court session was adjourned from 18.02.2014 to 15:40 on 25.02.2014.
Limited Liability Company "Woodland" (OGRN 1022501901366, location: 690000, Primorsky Territory, Vladivostok, Soyuznaya St., 19-11; hereinafter referred to as the Company) applied to the Arbitration Court of Primorsky Territory with a statement to recognize the decision of the Urban Planning and architecture of the administration of Vladivostok (OGRN 1092536003812, location: 690000, Primorsky Territory, Vladivostok, Zapadnaya st., 15; hereinafter referred to as the administration), expressed in a letter dated 25.02.2013 N 3140/20u on the refusal to approve the layout land plot on the cadastral plan of the relevant territory, with an approximate area of 1,119 sq.m, located at the address: Vladivostok, in the area of \u200b\u200bVilkov Cape (Yakornaya Bay), for the further operation of the building - a boat garage (lit. within a month from the date of the decision to approve and issue to the company the layout of the requested land plot on the cadastral plan of the relevant territory (taking into account the clarification of the stated requirements in accordance with Article 49 of the Arbitration Procedure Code of the Russian Federation).
The Department of Land and Property Relations of the Primorsky Territory (location: 690000, Primorsky Territory, Vladivostok, Svetlanskaya St., 22; hereinafter referred to as the Department) was involved in the case as an interested person.
By the decision of the Arbitration Court of Primorsky Krai dated July 25, 2013, the claims were denied.
By the decision of the Fifth Arbitration Court of Appeal dated September 30, 2013, the decision of the court of first instance was canceled, the stated requirements were satisfied in full.
In the cassation complaint, the department asks the decision of the appellate court to cancel, to leave in force the decision of the court of first instance. In support of the complaint, the applicant refers to the fact that the requested land belongs to the territories of common use and may lead to a violation of the interests of an unlimited number of persons in the use of the coastal strip of the water body.
In response to the cassation complaint, the society objected to its satisfaction, considering the contested judicial act lawful and justified.
The persons participating in the case, duly notified of the time and place of the consideration of the cassation appeal, including taking into account the placement of relevant information on the official website of the arbitration court on the Internet, did not ensure the presence of their representatives at the court session of the cassation court.
Having checked the legality of the challenged judicial act in the manner and within the limits of Articles 284, 286 of the Arbitration Procedure Code of the Russian Federation, the Federal Arbitration Court of the Far Eastern District sees no grounds for its cancellation.
As established by the courts and seen from the materials of the case, the company owns the real estate object - a boat garage (lit. 12), as evidenced by the certificate of state registration of ownership dated 26.09.2007.
On February 4, 2013, the company applied to the department with an application for approval and issuance of the layout of the land plot on the cadastral plan (map) of the relevant territory, with an approximate area of 1,119 sq.m, located at the address: Vladivostok, near Cape Vilkov (Yakornaya Bay) , for the further operation of the specified building, in order to further formalize the land plot for rent, attaching a package of necessary documents.
By letter No. 3140/20y dated February 25, 2013, the local government refused to approve the layout of the land plot due to the fact that part of the plot area (881 sq.m) is located in the coastal strip of the sea.
Considering that this non-normative legal act does not comply with the law and violates the rights and legitimate interests of the company, the latter applied to the arbitration court with the application under consideration.
In accordance with part 1 of article 198, part 4 of article 200 and part 2 of article 201 of the Arbitration Procedure Code of the Russian Federation, in order to satisfy the requirements for invalidating non-normative legal acts and illegal decisions and actions (inaction) of bodies exercising public powers, two mandatory conditions must be present : non-compliance with their law or other regulatory legal act, as well as violation of the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activities.
In accordance with Article 29 of the Land Code of the Russian Federation, the provision to citizens and legal entities of land plots from lands that are in state or municipal ownership is carried out on the basis of a decision of the executive bodies of state power or local self-government bodies that have the right to provide the relevant land plots within their competence in in accordance with Articles 9, 10 and 11 of this Code.
By virtue of paragraph 1 of Article 36 of the Land Code of the Russian Federation, unless otherwise established by federal laws, citizens and legal entities owning buildings, structures, structures have the exclusive right to privatize or acquire the right to lease land plots. The location of the boundaries of the land plot and its area are determined taking into account the actual land use in accordance with the requirements of land and town planning legislation (paragraph 2 of clause 7 of Article 36 of the Land Code of the Russian Federation).
This right is exclusive, that is, no one, except the owner of the building, structure, structure, has the right to privatize a land plot occupied by such a building, structure, structure, or to acquire this land for rent.
In refusing to satisfy the stated requirements, the court of first instance proceeded from the fact that the requested land plot is located within the boundaries of the coastal strip of the sea and belongs to public areas, in connection with which the applicant does not suffer negative consequences from the absence of a lease agreement for such a plot.
Having examined and evaluated the evidence available in the case in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation, the Court of Appeal came to the conclusion that the contested refusal of the management to approve the scheme for the location of the requested land plot to the company on the grounds that it was located in the coastal strip contradicts the requirements of the current legislation.
By virtue of paragraphs 11, 2 of article 22 of the Land Code of the Russian Federation, land plots may be leased, except in cases established by federal law, when land plots are withdrawn from circulation.
Clause 8 of Article 27 of the Land Code of the Russian Federation establishes a ban on the privatization of land plots within the coastal strip established in accordance with the Water Code of the Russian Federation, as well as land plots on which ponds, flooded quarries are located, within the boundaries of a common area.
In this case, the company asks for a land plot for rent.
Meanwhile, the Land Code of the Russian Federation does not provide for a ban or restrictions on the transfer of land plots within the coastal strip for rent.
In accordance with paragraphs 6, 8 of Article 6 of the Water Code of the Russian Federation, the coastal strip is a strip of land along coastline a public water body (twenty meters wide) intended for public use; Every citizen has the right to use the coastline of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating craft.
Thus, the provisions of the Water and Land Codes of the Russian Federation do not exclude land plots located in the coastal strip from circulation, while their use requires only compliance with the restrictions specified by the legislator. No other restrictions on the coastline by the current legislation, including paragraph 12 of Article 85 of the Land Code of the Russian Federation and paragraph 8 of Article 28 of the Federal Law of December 21, 2001 N 178-FZ "On the Privatization of State and Municipal Property", have not been established.
Under such circumstances, the Court of Appeal rightfully declared the contested refusal of the administration illegal, as not complying with the Land Code of the Russian Federation, and ordered the administration, within a month from the date of entry into force of the court decision, to approve and issue to the company the layout of the land plot on the cadastral plan or cadastral map of the relevant territory .
The argument of the applicant of the cassation complaint that the requested land plot belongs to the territories of common use and may entail a violation of the interests of an unlimited number of persons for the use of the shoreline of the water body is untenable, since the issues of the tenant's use of the land plot for its intended purpose, taking into account the requirements and restrictions established by the current legislation relate to land control measures, and not to the procedure for considering an application for approval of the layout of a land plot on the cadastral plan of the corresponding territory.
The reference of the administration to the fact that the department is not an authorized body for the disposal of this land plot, since the ownership of it is delimited by virtue of Article 102 of the Land Code of the Russian Federation and Article 8 of the Water Code of the Russian Federation, is not taken into account by the court of cassation, since the subject of this dispute is the issue of approving the scheme of the land plot, which, according to the provisions of paragraph 7 of Article 36 of the Land Code of the Russian Federation, is attributed to the authority of the local government.
Other arguments preventing the provision of a land plot to the company for purposes not related to construction (for the installation and operation of a temporary building for the operation of the boat garage building) were not given by the administration.
Taking into account that the case was considered by the court fully and comprehensively, the conclusions of the court are based on the evidence available in the case and do not contradict them, the incorrect application of the norms of substantive and procedural law was not allowed, the court of cassation has no legal grounds for canceling the contested judicial act and satisfying the cassation appeal.
Guided by articles 286 - 289 of the Arbitration Procedure Code of the Russian Federation, the Federal Arbitration Court of the Far Eastern District
RESOLVED:
the decision of the Fifth Arbitration Court of Appeal dated September 30, 2013 in case No. A51-7802/2013 of the Primorsky Territory Arbitration Court is left unchanged, the cassation appeal is dismissed.
The decision comes into force from the day of its adoption.
| Judges | V.A. Grebenshchikov S.N. Novikov |
Document overview
The owner of the boat garage asked to approve and issue the layout of the land plot on the cadastral plan of the relevant territory for the further operation of this facility and land lease. He was refused on the grounds that part of the site is located in the coastal strip of the sea.
The district court agreed with the appellate instance, which found such a refusal unlawful.
By virtue of the Land Code (LC) of the Russian Federation, land plots can be leased, except for cases established by federal law, when land plots are withdrawn from circulation.
The Land Code of the Russian Federation prohibits the privatization of land plots within the coastal strip established in accordance with the Water Code (VC) of the Russian Federation, as well as land plots on which there are ponds, flooded quarries, within the boundaries of a common area.
In the disputed case, the land was requested for lease. And the RF LC does not prohibit or restrict the transfer of land plots within the coastline for rent.
In accordance with the VK RF, a coastal strip is a strip of land along the coastline of a public water body (20 m wide) intended for public use. Every citizen has the right to use the coastline of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating craft.
Thus, the RF LC and the RF LC do not exclude land plots located in the coastal strip from circulation. Their use assumes only observance of the restrictions defined by the legislator. There are no other restrictions on the coastline.
We were so immersed in the discussion of the fences blocking the coastal strip that we did not notice the revolution that had taken place in the legislation of the Russian Federation ...
Meanwhile, on August 2, 2011, the Federal Law of July 19, 2011 No. 246-FZ “On artificial land plots created on federally owned water bodies and on amendments to certain legislative acts of the Russian Federation” came into force . The main theme there is the creation of bulk territories.
But there are many other interesting norms.
Including those aimed at turning the coastline into a common area.
After all, how have you lived so far?
Part 6 of Article 6 of the Water Code of the Russian Federation establishes that a strip of land along the coastline of a public water body (shore strip) is intended for public use. The width of the coastal strip of public water bodies is 20 meters (with a number of features).
However, this is just general rule. Of which, of course, there are exceptions.
In particular, the Water Code of the Russian Federation contains Chapter 3, which determines the procedure for granting water bodies for use on the basis of a water use agreement or a decision to grant a water body for use.
Those who build fences do it on the basis of such contracts or decisions to provide them with a water body for use.
Of course, in the legislation of the Russian Federation there were norms obliging such users to provide everyone with free access to a water body. Yes, but they were very indistinct.
And most importantly, no real sanctions were provided for restricting access.
So more and more tenants appeared on the shore. After all, what a temptation for the authorities to transfer a piece of the coastline to someone for rent.
There is no need to clean up this part of the coastline, to keep order there. You can also collect rent. Beauty. And for citizens, you can save a couple of municipal beaches, so that once again they don’t climb into the fenced and protected area ...
Now everything is different.
For example, article 22 Land Code of the Russian Federation
supplemented by clause 3.2 as follows:
“3.2. A lease agreement for a land plot that is in state or municipal ownership and located within the shoreline of a public water body is concluded with the user of the water body, provided that citizens have free access to the public water body and its shoreline.
That is, now, when concluding a lease agreement for a water body, the tenant must sign the obligation to ensure free access for everyone to this water body and its coastal strip.
Violation of this contractual obligation by the tenant will lead to the fact that the lease agreement will simply be terminated with him.
Changes have also been made to Urban Planning Code of the Russian Federation
.
Clause 12 of Article 1 of the Civil Code of the Russian Federation, which defines the concept of “common use areas”, was set out as follows: “Common areas are territories that are freely used by an unlimited number of persons (including squares, streets, driveways, embankments, coastal strips of public water bodies
, squares, boulevards);
It would seem that only a few words about the coastal strips were added. In fact, they brought clarity. Now, finally, discussions on the topic of whether the coastal strips of water bodies of public use are public territory will stop. All are definitely. And there's nothing more to argue about.
Part 11 of Article 35 of the Civil Code of the Russian Federation was supplemented with the words “coastal strips of public water bodies”, which will simplify their inclusion in recreational areas used and intended for recreation, tourism, physical culture and sports.
And one more significant change was made to the GK of the Russian Federation, supplementing the requirements for documentation on the planning of the territory.
In particular, now the main part of the territory planning project should include a drawing or drawings of the territory planning, on which, in addition to the traditional lines denoting roads, streets, driveways, communication lines, engineering and transport infrastructure, passages to public water bodies and their coastal strips should be reflected
.
It is clear that drawing in the DPT a convenient passage for everyone through the area you rented to the water body and its coastal strip is half the battle.
But it is still necessary to ensure its real existence on the ground.
Local self-government bodies will now deal with this - for this purpose they have been burdened with additional responsibilities in order to ensure free access of citizens to water bodies. Federal Law No. 131-FZ of October 6, 2003 "On the general principles of the organization of local self-government in the Russian Federation"
made changes, as a result of which the responsibilities of local governments now include:
- creation of conditions for mass recreation of residents of the settlement and organization of arrangement of places for mass recreation of the population, including ensuring free access of citizens to public water bodies and their coastal strips (paragraph 15 of part 1 of article 14);
- establishment of rules for the use of public water bodies, including ensuring free access of citizens to public water bodies and their coastal strips (paragraph 28 of part 1 of article 15);
- informing the public about restrictions on the use of such water bodies, including ensuring free access of citizens to public water bodies and their coastal strips (paragraph 36 of part 1 of article 16).
The main thing now is that the administration of Sochi should properly monitor the provision of free access for citizens to the sea and the coastline :).
Well, we should not forget that the coastal strip is a public area open to free access.
Areas adjacent to water bodies
The current legislation does not classify land plots adjacent to a water body as part of the lands of the water fund. Their provision is carried out according to the general rules regulated by land legislation, however, the specifics established by water legislation should be taken into account.
In anticipation of considering this specificity, it should be noted that, according to the terminology used in the Water Code of the Russian Federation, a coastline is understood to be the boundary of a water body (and not a land plot). In relation to land plots adjacent to a water body, the legislation establishes certain regimes for their use (including those affecting the possibility of renting such a land plot or restricting the tenant in exercising certain powers).
A strip of land (foreshore) is allocated along the coastline of a public water body and is intended for public use. In connection with the appointment of the said land as an object of common use, the provision of land plots within the coastal strip to the ownership or permanent use of private persons is not allowed. The width of the coastline of public water bodies is twenty meters, with the exception of the coastline of canals, as well as rivers and streams, with a length of not more than ten kilometers (the coastline of these water bodies is five meters).
In addition to the coastline, water protection zones and coastal protective strips are also established along the coastline of a water body. The width of water protection zones for fresh water bodies can be from 50 to 200 meters, for the seas - up to 500 meters. The width of coastal protective strips is set from 30 to 50 meters, and for lakes and reservoirs of especially valuable fishery importance - up to 200 meters.
Within the boundaries of water protection zones, it is prohibited:
Use of wastewater for soil fertilization;
Placement of cemeteries, animal burial grounds, places of burial of production and consumption waste, radioactive, chemical, explosive, toxic, toxic and poisonous substances;
Implementation of aviation measures to combat pests and plant diseases;
Traffic and parking Vehicle(except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with a hard surface.
For the purpose of leasing a land plot located within the boundaries of a water protection zone, it is of fundamental importance that within the boundaries of water protection zones, legislation allows the design, placement, construction, reconstruction, commissioning, operation of economic and other facilities, provided that such facilities are equipped with structures that provide protection of water bodies from pollution, clogging and depletion of water in accordance with water legislation and legislation in the field of environmental protection.
More stringent restrictions on the use of land plots are established for lands within the boundaries of coastal protective strips. In addition to the above restrictions, the following are prohibited:
Plowing land;
Placement of dumps of eroded soils;
Grazing of farm animals and organization for them summer camps, bath.
Of great practical importance is the fact that in addition to reflecting water protection zones and coastal protective strips in the relevant documents for a land plot,
the boundaries of water protection zones and the boundaries of coastal protective strips should be fixed on the ground with special information signs.
It should be taken into account that in relation to water bodies, the water resources of which are natural healing resources, zones, districts of sanitary protection can be established in accordance with the legislation on natural healing resources, medical and recreational areas and resorts. In this case, additional restrictions on their use will apply to land plots included in the corresponding zones or districts of sanitary protection.
forest plot
The current Forest Code of the Russian Federation allows for the possibility of providing forest plots that are state or municipal property for lease to both legal entities and citizens. At the same time, the legislation establishes a number of special requirements for the procedure for granting forest plots for rent and the terms of the lease, including taking into account the type of use of the forest plot.
Thus, only forest plots that have passed the state cadastral registration can be the object of lease.
The maximum and minimum lease term for a forest plot is legally established - from 10 to 49 years. A special lease term (from 1 year to 49 years) is established for the following types of use of forest areas: a) use of forests for geological exploration of subsoil, for the development of mineral deposits; b) the use of forests for the construction and operation of reservoirs, other artificial water bodies, as well as hydraulic structures, specialized ports; c) the use of forests for the construction, reconstruction, operation of power lines, communication lines, roads, pipelines and other linear facilities.
It should be taken into account that the tenant, who duly performed the forest plot lease agreement, after the expiration of its term, has the pre-emptive right to conclude a lease agreement for a new term.
Fundamentally important point is that the right to conclude a lease agreement for a forest plot can be granted to a person only following the results of an auction for the sale of such a right. Exceptions to this rule are established only in relation to the above types of use of forest plots, as well as in relation to the use of a forest plot for the implementation of priority investment projects in the field of forest development.
The organization of an auction for the sale of the right to lease a forest plot and the procedure for its holding are regulated in detail by Chapter 8 of the Forest Code of the Russian Federation. The provisions of this chapter are in many respects similar to the provisions of the Land Code of the Russian Federation, which regulate the holding of auctions for the sale of land plots or the right to lease land plots.
The sellers of the right to conclude a lease agreement for a forest plot are state authorities, local governments.
In addition to the above features of concluding forest lease agreements, it should be borne in mind that the current forest legislation imposes on the tenant certain obligations related to the specifics of the subject of the lease, namely, the obligation to implement fire safety measures, sanitary safety, and reforestation.
Thus, summing up what Andrei Lebedev said, we can draw the following conclusions:
. If you are promised to rent or own a part of the coast adjacent to the water, for example, the Istra reservoir, do not rush to rejoice - 20 meters of the coastline (from the water's edge) are not allowed to be transferred to the ownership or permanent use of private individuals.
. The owner or tenant of a water protection zone, the size of which varies depending on the type of water body, is limited by law in the use of coastal land. Construction in such zones is allowed, but again with conditions and reservations.
. You can rent a forest plot adjacent to your property, but on the terms of an auction for the sale of the right to lease.
. For your own needs, you will not be able to rent a forest for a year or five - the minimum lease period for a forest plot (except for special periods) is 10 years, the maximum is 40.
In this article, we will consider what actions need to be taken in order to rent a lake.
Taking into account the specifics of water relations, the lease of water bodies takes place in a slightly different way than the lease of land plots. It will not work to rent a lake as a separate land plot for the simple reason that, in accordance with the Land Code of the Russian Federation, on lands covered with surface waters land is not formed. That is, it is impossible to form a land plot on the lake and lease it according to the law. For the same reason, it will not be possible to register the lake as a property or rent a lake.
Can the lake be rented?
But this does not mean that the lake cannot be rented at all.
Having some knowledge in the field of water legislation, this will be quite easy.
The lease of a lake, for example, for recreational purposes is formalized through a water use agreement.
In this case, it is possible to issue water use, both for the entire lake, and to issue a lease for a section of the lake. However, it should be noted that after registration of water use, it is by no means impossible to protect it.
Where to go to rent a lake?
In order to arrange a lease (water use) of the lake, you need to contact the territorial division of the Federal Agency for Water Resources (FAVR) or the regional authority authorized to dispose of water bodies. To begin with, in order to understand the overall picture and the possibility of obtaining a water body for use, it is recommended to go to the reception of specialists from the authority. With prior approval, you can prepare and submit the required package of documents for
How to find out which lakes are already rented?
Information about the objects leased (used on the basis of a water use agreement) is contained in the state water register. To request information about a water body from the GWR, you must submit a request using a special form to the territorial body of the FWR. Based on the result of receiving this request, you will be able to find out whether the lake is already rented or not. It should be borne in mind that according to the data of the water register, it is not always possible to unambiguously determine whether a water body is leased (used on the basis of a water use agreement) or not. This is due to the fact that many lakes have enough large area, therefore, in order to find out whether the requested part of the water area is leased or not, it is necessary first to carry out geodetic work and determine the boundaries on paper.
Lakeside rental
Renting a lakeshore will not be such a difficult task, especially if you already have a lease. It should be noted that it will not work to take ownership of the lake shore (a 20-meter strip of common use), this is prohibited by law. To apply for a land lease, you need to contact the land department of the district administration and provide there a diagram of the location of the land plot on the cadastral plan of the territory. To prepare such a scheme, it will be necessary to order the services of a cadastral engineer. After carrying out the above actions, the land plot that you ask to rent will be put up for auction and you will still have to bargain for it.
How much does it cost to rent a lake?
The cost of paying for the use of the lake is quite negligible. So what are the specific numbers? How much does it cost to rent a lake? For 0.5 GA you will pay no more than 500 rubles per year. However, one should not forget that a number of other obligations are imposed on the water user in addition to making rent.
So, for example, the water user is charged with the obligation to conduct regular monitoring of the ecological state of the lake. Such monitoring work can be performed only by a specialized organization with the appropriate permit for such work. The services of this organization cost at least 100,000 rubles a year.
Lake rental papers
The main document that confirms your right to lease the lake is the concluded water use agreement. In addition to the water use agreement, you must have a program of regular observations approved by the Basin Authority. Also, a mandatory document for water use is a water protection plan approved by the executive authority authorized to dispose of a water body.
After the conclusion of the water use agreement, it is necessary to contact the laboratory, which will take water samples and check them for exceeding the maximum permissible concentrations. Accordingly, in addition to the above documents, you must have an agreement concluded with an accredited laboratory for sampling.
There is no need for a water use agreement or a decision to grant a water body for use if it is used for swimming small boats, fishing, fish farming, hunting, watering gardens, garden plots, maintaining personal subsidiary plots, as well as watering, caring for farm animals, bathing.
Fines are imposed for violations of water use rules. For citizens - from 500 to 1000 rubles, for individual entrepreneurs - from 1500 to 2000 rubles, for legal entities from 10000 to 20000 rubles.
From the Water Code of the Russian Federation
How to legally lease part of the river bank
Fans of water recreation are building bathhouses, luxurious piers for yachts and modest moorings for boats on the banks of the Permian rivers.
Almost all of these structures were built illegally and may well be demolished by court order. How to rent a river bank without violating the norms of the Water Code, the correspondent of "RG" found out.
Business on the pier
An enterprising resident of the village of Starye Lyady on the Sylva River decided to earn some extra money. Taking advantage of the fact that his house is in a very convenient location for motor boats, he built a pier, for each mooring to which he charged 20 rubles. In addition, he blocked access to water with a fence, and the owners of motorboats were forced to moor only to his pier, because you can enter the village only from there.
Fans of water recreation, who heard out of the corner of their ears that the passage to the water should be free, began to resent. Information about this reached the Kama Basin Water Administration of the Federal Agency for Water Resources. His employees tried to explain to the river businessman that he was grossly violating the law. However, the businesslike man only laughed. I had to issue an order with the requirement to demolish the fence and provide access to water for everyone. Only after learning that this could be followed by fines, as well as a court decision on the forced demolition of the fence, the village businessman complied with the demand of officials.
On the Chusovaya and Sylva rivers, there have been cases when, with the help of floating dredgers, river latifundists take bottom soil and fill up the banks, increasing the area for development, without any permits and environmental impact assessments. Beautiful two-, three-story houses with a full range of amenities appear on artificial bulk banks. Sewerage flows directly into the river, of course, without any treatment facilities. But from Chusovaya there is a water intake for the inhabitants of Perm.
legal mooring
Naturally, everyone wants that outsiders do not wander under the windows overlooking the water surface, do not interfere with rest. And if funds allow, you can also build a luxurious pier for your boat, boat or jet ski. Some even erect capital piers for mooring expensive yachts.
According to the Kama Water Basin Administration in Perm region more than five hundred illegal buildings. Berths and bathhouses on piles, which appeared without any reason, can be demolished, and their owners brought to justice. Such troubles can be avoided if you carefully read the laws and lease the water area and the shore.
Personal pond
In addition to rivers, there are about one and a half thousand ponds in the Perm Territory. You can also relax on them. Many of these reservoirs are stocked with fish, and people come here to fish for carp or sterlet. But the use of ponds must also be in accordance with the law. Some entrepreneurs, having bought the land and blocked the rivulet flowing through the site with a dam, believe that the artificially created pond belongs to them. However, it is not. All flowing water bodies are federally owned. And any river, regardless of whether it is dammed or not, also belongs to the state.
The pond can be obtained for your own use. To do this, the owner of the land plot can dig a pit himself and fill it with water (such reservoirs are called "digging"), you can also use a quarry or other depression in the soil for a pond. In this case, it is possible, with a clear conscience, to register the reservoir as personal property by registering with state bodies.
A comment
Anton Nalimov, Head of the Water Resources Department of the Kama Basin Water Administration:
There are hundreds of ponds and lakes in our region, about thirty thousand rivers and streams with a total length of more than ninety thousand kilometers. But it is necessary that all reservoirs be used in accordance with the law.
Our administration is always open to citizens who want to behave in a civilized way on the rivers. If we discover the squatting of the water area, we always try to avoid any harsh measures. The state goes to meet the citizens. For example, holding an auction for the allocation of part of the water area for rent costs us an average of 50 thousand rubles. And people pay mere pennies for renting water. This year, we have already issued 36 licenses for the use of the water area and signed 15 agreements with lovers of river recreation.
On a note
The rights of citizens on water bodies
A strip of land along the shoreline of a water body is intended for public use. The width of the coastline is twenty meters, with the exception of the coastline of canals, rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastline of canals, rivers and streams, the length of which from source to mouth is not more than ten kilometers, is five meters.
A water use agreement or a decision on granting a water body for use is not needed if it is used for sailing small boats, fishing, fish farming, hunting, watering gardens, garden plots, maintaining personal subsidiary plots, as well as watering, caring for farm animals, bathing.
Fines are imposed for violations of water use rules. For citizens - from 500 to 1000 rubles, for individual entrepreneurs - from 1500 to 2000 rubles, for legal entities from 10000 to 20000 rubles.
From the Water Code of the Russian Federation
How to apply for a lease
1. First you need to draw up a project for the planned building, and it doesn’t matter what it is planned to build - a simple bridge for rinsing clothes and swimming, a multi-purpose pier for mooring speedboats or a two-story bathhouse with a bath. Documents can be prepared by any design organization. They must necessarily indicate the dimensions of the proposed structure - width, height, as well as the purpose of construction.
2. With ready-made papers, you must contact the Kama Water Basin Administration. Here the documents will be reviewed and the so-called "construction decision" will be issued free of charge. As a rule, there are no failures. True, having received such a decision, the owner of the site does not yet receive the right to use water or river waters. In order to legally splash around at your pier or moor boats, you need to rent part of the water area in the same basin management.
3. The site you have chosen is put up for auction, which is carried out by officials. But your chance of winning is almost 100%. So far, only 15 contracts for the use of water surface, and there are no competitive battles in the struggle for the coastline. As a rule, the applicant alone waits for the end of the auction, and a lease agreement is concluded with him for the use of the water area.
4. True, you will have to pay money for renting a water surface. According to the current rates, 34,000 rubles a year must be paid for the use of one square kilometer of the river surface. You should not be afraid of this amount, because one family, as a rule, needs 400-500 square meters (four to five acres of water area). In this case, the annual fee, for example, for five hundred "squares" will be 17 rubles 40 kopecks. And the paperwork is again free of charge. The contract is concluded for a period not exceeding twenty years.
5. You can also rent out part of the coastline. The current legislation provides for free access of citizens to water bodies and prohibits the capture of a twenty-meter strip from the edge of water bodies. But it is quite acceptable to rent this part of the land for the construction of boat garages, the continuation of berths. There is only one condition - these buildings should not be capital.
