IN summer period We often see cars of vacationers abandoned near country lakes and rivers. Many drivers, without thinking about the legality of their actions, park their cars directly on the shore of the reservoir, and also launch boats and boats, driving directly into the water. However, the law provides for administrative liability for these actions. Let's figure out which one and in what cases.
Rules for parking near water bodies
Basic regulatory documents regulating rules in this area:
- Article 65 of the Water Code of the Russian Federation;
- Article 8.42 of the Code of Administrative Offenses of the Russian Federation;
- Decree of the Government of the Russian Federation of January 10, 2009 No. 17 “On approval of the Rules for establishing the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies”
So, according to the law, the movement and parking of vehicles (except for special vehicles) within the boundaries of water protection zones is prohibited, with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.
In other words, any movement by car along the shore of a reservoir (in a water protection zone) and parking of a car is prohibited, unless it is a specially equipped area with a hard surface.
Dimensions of the water protection zone
How to determine whether you are in a water protection zone or not?
Water protection areas include areas 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 their pollution and clogging.
Usually a special sign is installed in such an area:
The width of the water protection zone depends on the reservoir:
- for rivers - from 50 m (for rivers up to 10 km long) to 200 m (for rivers over 50 km long);
- for lakes - 50 m.
- for the sea - 500 m.
The procedure for establishing the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies is established by the above-mentioned resolution of the Government of the Russian Federation. The boundaries of water protection zones and the boundaries of coastal protective strips are considered established from the date of entering information about them into the state real estate cadastre.
State authorities are obliged to ensure the placement of special information signs along the entire borders of water protection zones, as well as at places where water bodies intersect with roads, in recreation areas and other places where citizens are crowded.
Which authorities monitor compliance with the rules?
State supervision in the field of use and protection of water bodies is carried out by:
- The Federal Service for Supervision of Natural Resources - Rosprirodnadzor, directly considers cases of administrative violations;
- Ministry of Internal Affairs of the Russian Federation (police) - draw up appropriate protocols and send them to Rosprirodnadzor for consideration.
Amount of fine for parking near a reservoir
For parking your car in the immediate vicinity of a lake, river or sea, the driver may be held administratively liable under Art. 8.42 Code of Administrative Offenses of the Russian Federation.
The fine is:
- for citizens from 3,000 to 4,500 rubles;
- For officials from 8,000 to 12,000 rubles;
- for legal entities from 200,000 to 400,000 rubles.
Many people are interested in the question of whether numerous campsites near the sea are legal. This type of recreation, for example, is very popular on the southern coast of Crimea.
Formally, in the form in which this type of recreation has existed in Crimea for the last few years, camping is illegal. Practice shows that since 2015, the number of those brought to administrative responsibility for this type of violation has been steadily growing. Despite the fines, people leave their cars in close proximity to the sea, because there are no specialized parking lots for them. The question remains open: people continue to leave their cars on the shore, and government bodies continue
The new provisions on the water protection zone cause a double impression. It seems that our responsible persons care about protecting the Russian banks of rivers and lakes from urban negative influence civilization, and if you imagine some of the nuances and consequences of the introduction of these provisions, it becomes uncomfortable. There is a feeling that our legislators are only busy worrying about how to poison the lives of ordinary people. to a Russian person. By the way, this also applies to innovations in the provisions of the law on fishing. But first, let’s talk about the most important pain points of the new provisions on the water protection zone.
So, what follows from the new provisions.
If the length of a stream or river is no more than ten kilometers, That vehicle can be left at a distance of 50 meters from this body of water. The same distance for parking a car should be observed on the shore of a reservoir or lake.
With a river length of ten to fifty kilometers the distance from the shore of the reservoir to the car should be no less than one hundred meters.
If the river bed stretches for fifty kilometers and to infinity, then the water protection zone is already two hundred meters.
Paragraph 4 of the new regulations on the water protection zone states that it is now forbidden to approach the reservoir on dirt roads, not to mention parking on the river bank. This can only be done by special vehicles, probably police cars, ambulance, fire trucks, vehicles of the Ministry of Emergency Situations and so on. This is not specified in the paragraphs. Drawing conclusions from what was written above, we can say that now the reservoir can only be approached via a highway if it is laid next to a river, lake, pond or reservoir.
Now about impressions and considerations regarding these paragraphs of the “Water Code of the Russian Federation” dated June 2006, as amended in August 2018, with amendments and additions dated January 2019.
Well, firstly, as some authors comment, they constantly violate the new provisions on the water protection zone, since when driving a vehicle in Karelia, it is impossible not to break the law, since there are only streams and rivulets all around. Secondly, what about those who need to launch their small vessel into the water, and it, for example, is a hull boat like the Kazanka-M, Progress, Crimea, Voronezh and even a small boat “ Ob-3" or a PVC boat, large RIB, not to mention boats. Not everywhere there are asphalt roads. How are such small vessels usually launched into the water? Backing up to the water and lowering the boat off the trailer. You can’t carry any boat to the water with your hands, especially if the car is located two hundred meters from the river bank. In addition, it is difficult to imagine how to leave your vehicle two hundred meters from the river, where you are fishing under a river cliff, from where you cannot see or hear what is happening to your car? Especially if there is a large village nearby. And now not only in the city, but also in any village there are those who like to profit from other people’s property. They will simply “undress” the car, remove the wheels and so on.
I know from myself how tedious and difficult it is to carry even a not very large PVC boat to the water with many fishing accessories and other things if the car is parked far from the water. And this happens not only for reasons of compliance with the law. All this has been tested on my own back. And it is difficult to imagine a situation where all this would have to be done by an elderly person, a disabled person or someone suffering from heart disease, asthma, and so on. How can they carry all this two hundred meters to the river and from the river after finishing fishing? But the fines have increased here too. They now reach 4.5 thousand.
It seems that our deputies and legislators live in an unreal world, where there is a lot of free money, you can sleep at Duma meetings and not attend them. Their dachas are located in water protection zones, the plots of which they bought in violation of the law. The highway goes straight to their dachas, where there are piers and boats. First of all, we need to start demolishing all these structures, and only then adopt some provisions that infringe on the rights of ordinary citizens.
The Water Code of the Russian Federation is the main document regulating the use of water bodies and their protection. Naturally, some of his articles are related to amateur and sport fishing.
For example, Article 65 of the Water Code of the Russian Federation, in the chapter on the protection of water bodies, establishes the boundaries of water protection zones within which the movement and parking of vehicles is prohibited.
Water protection zone, fishing and car
Some anglers believe that these restrictions are set by the Fishing Rules, but in reality, this is done by the Water Code, although they overlap.
This is what the Water Code says in its latest edition, effective from January 1, 2019, part 15, paragraph 4.
Within the boundaries of water protection zones the following is prohibited:
movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.
Thus, There are three options where you can leave your car:
- outside the water protection zone;
- in a paved parking lot;
- on the road.
According to the same article, The boundaries of the water protection zone are (distance from the coastline):
- 50 meters - for rivers and streams up to 10 km long;
- 100 meters - for rivers and streams with a length of 10 to 50 km;
- 200 meters - for rivers and streams with a length of more than 50 km;
- 50 meters - for lakes and reservoirs (except for Lake Baikal);
- 500 meters - for the sea.
Finding a designated parking spot within a water protection zone is fantastic. Leaving the car unattended, far from the fishing spot is also not an option.
That is why this point caused lively discussions, saturated with indignation and indignation, on a variety of fishing Internet resources.
But leaving a car on the road and its side is NOT prohibited by the Water Code.
The following thoughts are for informational purposes only.
What is a road? Where you can and cannot park your car
Note that The Water Code does not define what is a road. Therefore, let us turn to Federal Law No. 196-FZ (as amended on December 27, 2018) “On Road Safety.”
We are interested in the second article “Basic Terms”, which says that:
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, shoulders and dividing strips, if any.
This clears things up. It turns out that if there is a road inside the water protection zone, even a dirt road, driving along it is not prohibited. You can leave your car on the side of the road.
Coastal strip
But there is one more point that needs to be paid attention to. Article 6, “Public water bodies” (clause 8), states that:
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.
This means that placing a car on the shoreline is also prohibited. But What is the coastal strip and how wide is it?
There is an answer to this in the same article of the Water Code (clause 6):
A strip of land along the coastline (border of a water body) of a public water body (shoreline) is intended for public use.
The width of the shoreline of public water bodies is twenty meters, with the exception 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.
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.
To summarize the above: theoretically, a car can be parked within the water protection zone not only in specially equipped places, but also on the road or its side outside the coastal strip.
Fines
Violation of paragraph 4, part 15 of Article 65 of the Water Code (movement and parking of vehicles inside the water protection zone), which was mentioned at the very beginning, entails the imposition of an administrative fine (under Part 1, Article 8.42 of the Code of Administrative Offenses of the Russian Federation):
- for citizens in the amount of three thousand to four thousand five hundred rubles;
- for officials - from eight thousand to twelve thousand rubles;
- for legal entities - from two hundred thousand to four hundred thousand rubles.
Be careful: If you drive along a road within the water protection zone and drive off the side of the road or leave your car on the grass, this will be considered a violation of the rules.
The Water Code was used as the main source Russian Federation(as amended on August 3, 2018) (version effective from January 1, 2019) - link to the updated document.
Water protection zones are an attempt by the State Duma to change an unenforceable law:
Where can I park the car?
You can park your car near a body of water, but you need to take into account several requirements:
Installation is possible where there is a hard road surface intended for moving and parking cars;
Installation is possible where there is a hard road surface used for parking cars;
Outside the water protection zone.
Dimensions of water protected zones
A fine for parking near a reservoir will be issued if the owner of the car did not maintain the appropriate distance prescribed by law. However, determining the size of this distance can be confusing, but it all depends on what type and size of the reservoir you plan to visit:
A river or stream with a length of no more than 10 kilometers is subject to a water protection zone at a distance of 50 meters, that is, you can park a car 50 meters away;
A river or stream that is more than 10 kilometers long and less than 50 kilometers long has a water protection zone within a radius of 100 meters;
A river or stream more than 50 kilometers long is protected within a radius of 200 meters;
A lake or any reservoir (with the exception of Baikal) has a water protection zone of 50 meters;
You cannot drive closer than 500 meters to the sea;
You cannot drive too close to the canals - no closer than the right-of-way.
Types of fines
The size of the fine for parking near a reservoir in 2015 differs depending on who the offender is. If an individual, the amount will be 3000-4500 rubles. If you are an official, you will have to pay from 8,000 to 12,000 thousand. If legal – 200-400 thousand rubles.
The amount of the fine may vary depending on the severity of the violation. There are drivers who not only drive straight to the water, but also practically stop the car right on the water. This violation deserves the maximum fine. If the car was left relatively far away, you can count on a minimal punishment.
It is worth remembering that in some cases you can stop a car right on the shore, if this is provided - there is a hard asphalt road, in this case law enforcement officers cannot issue a fine.
To avoid problems with representatives of the law on the spot, it is better to find out in advance the length of the river you are visiting if the trip is intended for this type of reservoir. It is important to remember that there is a fine for building a fire in the summer. You can measure the distance approximately and stop the car with some margin.
A fine for parking near a pond is issued even in cases where there is no corresponding sign. In places with large crowds of people they are, but not always. If there is no sign, responsibility is not removed, however, when talking with representatives of the law, you should behave with restraint and, in the event of a real violation, admit your own guilt - this helps to mitigate the punishment and reduce the size of the fine, reducing it to a minimum.
Punishment for parking near a body of water was introduced in 2011 after car owners began visiting rivers, beaches and other bodies of water en masse. Environmentalists sounded the alarm and demanded that the government introduce restrictions that would help preserve the integrity and environmental friendliness of water bodies, as well as reduce the ingress of harmful substances into the soil. It is difficult to say whether such measures helped, but since 2011 the amount of the fine has practically not increased. As for localization, this rule applies to absolutely all bodies of water and car owners of the Russian Federation. Even minimal volumes of reservoirs, lakes and other bodies of water must be protected by the absence of vehicle access.
By the way, the public does not always have an unambiguous attitude towards this type of violation. Many deputies even challenged such measures, since it is first necessary to prove the fact of damage to nature, and only then talk about penalties.
On March 31, 2010, a new article 8.42 was introduced into the Code of Administrative Offenses of the Russian Federation
"Violation of the special regime for carrying out economic and other activities on the coastal protective strip of a water body, the water protection zone of a water body, or the regime for carrying out economic and other activities in the territory of the sanitary protection zone of sources of drinking and domestic water supply
1. Use of the coastal protective strip of a water body, water protection zone of a water body in violation of restrictions on economic and other activities -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to four thousand five hundred rubles; for officials - from eight thousand to twelve thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles."So be careful if you decide to wash your car in a pond or have a barbecue near a pond with parking in the water protection zone of the reservoir (from 50 to 500 m), also in the same article.
Extract from the Water Code of the Russian Federation:
1. 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.
2. For a river or stream less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protective strip. The radius of the water protection zone for the sources of a river or stream is set at fifty meters.
3. The width of the water protection zone of a lake, reservoir, with the exception of a lake located inside a swamp, or a lake, reservoir with a water area of less than 0.5 square kilometers, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.
Within the boundaries of water protection zones the following is prohibited:
1) use of wastewater for soil fertilization;
2) placement of cemeteries, cattle burial grounds, places of burial of production and consumption waste, radioactive, chemical, explosive, toxic, poisonous and noxious substances;
3) implementation of aviation measures to combat pests and plant diseases;
4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.
Explanations from a person “in the know”
1. About bonfires. It is prohibited to light fires in areas not designated for this purpose. For lighting a fire in the wrong place, the fine is 1000-1500 rubles. (Article 8.32 of the Code of Administrative Offenses of the Russian Federation).
2. About parking a car in a water protection zone. The movement and parking of vehicles (except for special vehicles) is prohibited, with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces. Fine 3000-4500 rubles. (Violated: Article 8.42 of the Administrative Code, Article 65, paragraph 4 of the Water Code of the Russian Federation)HARD ROAD SURFACE:
"...The hard surface of roads includes an improved surface (cement concrete, asphalt concrete, crushed stone and gravel treated with binding materials) and a transitional type coating (made of crushed stone and gravel (slag) not treated with binding materials, stone pavements; made from local low-strength soils materials processed with binding materials))..."
Extract from the document: Order of Rosstat dated September 23, 2009 No. 205 “On approval of static tools for organizing federal statistical monitoring of activities carried out in the field of transport and communications”SPECIAL VEHICLE
"..."special vehicle" is a vehicle designed to perform special functions that require special equipment (truck cranes, fire trucks, vehicles equipped with lifts with working platforms, tow trucks, etc.)..."
Extract from the document: Decree of the Government of the Russian Federation of September 10, 2009 No. 720 “On approval of technical regulations on the safety of wheeled vehicles”3. Car wash. Prohibited (Article 8.42 or 8.33 - if necessary)
clause 11a). It is prohibited to discharge untreated and non-neutralized products into fishery reservoirs, onto the shores and onto the ice of these reservoirs. waste water industrial, municipal, agricultural and other enterprises and all types of transport, as well as industrial, household and other types of waste and waste.
Extract from the document: “Regulations on the protection of fish stocks and on the regulation of fisheries in water bodies of the USSR” dated September 15, 1958 No. 1045, as amended. and additional
You can jump off Article 8.42 in court or at the scene of the violation if you prove that there were no special information signs referring to Art. 65 clause 18 of the Water Code (The boundaries of water protection zones and the boundaries of protective strips are marked on the ground with special information signs in accordance with land legislation), in this case a protocol will be drawn up against you under Art. 8.33 Code of Administrative Offenses of the Russian Federation (300-500 rubles), but this is better than 3000-4500 rubles.
