Zones with special conditions of use of the territory: signs, types and records of zones
Zones with special conditions of use of the territoryare designated by special information type signs. For their damage, unauthorized transfer, destruction provides for administrative responsibility. All types of zones with special conditions for the use of the territory must be registered and reproduced on all maps.
Zones with special conditions for the use of territories include security areas:
- Objects of the power grid complex.
- Trunk pipelines.
- Gas supply facilities.
- Geodetic points.
- Networks and communication structures.
- Sea ports.
- Stationary points designed to monitor the state of nature, the level of its pollution.
This category also includes:
- Water and fish protection areas, reserves.
- Districts and zones of sanitary protection of medicinal natural resources, health resorts, recreational areas, water objects intended for household and drinking supplies.
- Protective areas of structures, enterprises and other objects.
- Protected areas of cultural and historical complexes.
In accordance with the laws and regulations, the list of zones with special conditions for the use of the territory also includes:
- Forest areas.
- Coastal strips of water (internal) roads of the Russian Federation.
- Near-airdrome areas.
Specificity of the selection
- The possibility of combining within different terrain different types of planned and existing modes of operation of sites.
- Placement of functional zones and indicators of their intended development. The latter are determined in accordance with the current general plan.
The considered plots are allocated in accordance with the norms of federal laws. Land management of zones with special conditions of use of territories is carried out for:
- Security of citizens.
- Creation of conditions for the operation of industrial, energy, radiation and nuclear hazardous, transport facilities, storage facilities for hazardous substances and materials.
- Protection of natural, historical and cultural monuments, archaeological complexes.
- Sustainable functioning of natural ecosystems.
- Protection of landscapes from pollution.
Symptoms of the zone with special conditions of use of the territory
As a rule, the allotments included in their composition are notare seized from the rightholders. However, within their limits, special regimes may be introduced that prohibit or restrict certain types of activities that are incompatible with the purposes of allocating such areas. The boundaries of zones with special conditions for the use of territories are determined by the current legislation. They are subject to description and entering into the state real estate. Zones with special conditions of use of the territory are created on the terrain adjacent to the objects in respect of which they are formed. The latter are not included in such sections. The creation of a zone with special conditions for the use of the territory presupposes certain legal requirements and restrictions on the operation of immovable / movable property.
In respect of such sites,rules for visiting, staying and so on. These requirements and restrictions express a protective or security regime. The area of the sites in question usually does not coincide with the size of the objects for which protection or protection against which they are created. The boundaries of zones with special conditions for the use of territories are much wider. In case of their coincidence, this should be directly indicated in the normative act, on the basis of which the site is formed. The object of protection or the source of impact must have its own separate boundary. Their area is not included in the sections under consideration, except in the case of their coincidence.
Taking into account the above criteria,it can be established that the zone with special conditions for the use of the territory is the locality, determined in accordance with the legislation, having its limits described in accordance with the procedure stipulated in the norms. It is intended for the protection of an object or protection against adverse effects on humans and nature, imposes legal requirements for exploitation and restrictions, determines the rules for visiting, finding, staying, etc. In this case, the zone, as a rule, does not coincide with the boundaries of the protected object or dangerous source.
For referring the terrain to a zone with specialconditions of use of the territory Rosreestr assesses the presence of all the features mentioned above. The only exception is the mandatory description and entry in the state treasury. This is done after referring the area to the category in question.
Zones with special conditions of use of the territoryshould be distinguished from other sites with restrictions. Creation of the first, as noted above, is carried out to protect an object or provide protection from a source of danger. The formation of other sites with restrictions may not pursue such goals. For example, zones with a special regime do not include specially protected areas, protective forests and other similar areas, where the object / object of protection is a single whole with them. In specially protected areas, various natural complexes are subject to protection. It can be directly land, subsoil, water objects, animal or plant world. At the same time, protection is not carried out separately from each of them, but in the aggregate. It is a specially protected area, which, in turn, is a single object in relation to the zone with a special mode of operation.
Similarly, protectiveforests. In fact, they are a complex of shrubs and trees. The object of protection in this case is not a specific plantation, but the entire area occupied by the forest. Monuments of culture and history do not act as zones with a special regime of exploitation of the territory. They are the object of protection. And zones with a special regime are installed on the terrain that is associated with them.
The State Treasury
Legislation provides for mandatory registration of zones with special conditions for the use of the territory. The following data are entered in the state treasury:
- Individual designation. This can be a number, type, type, index, and so on.
- Description of the location of boundaries.
- Names of bodies of state or municipal authority, by decision of which the terrain was created.
- Requisites of the relevant regulations, as well as acts on changing borders, sources of their official publication.
- The content of restrictions on the operation of immovable objects located within the area.
Materials of town-planning activity
Information about zones with a special mode is displayed:
- On the maps that are part of the planning and master plans.
- In the materials on the justification of projects and on the drawings of the survey.
- On the maps of zoning, included in the urban planning regulations of the rules of construction and land use.
The procedure for entering information into the cadastre
In Federal Law No. 221, in addition to the provisions regulatingprocedure for accounting for immovable objects, there are norms that provide rules for reflecting information on zones with a special mode of use. According to Art. 1, part 1 of this normative act, the state cadastre is a systematized set of data on registered real estate. It also includes information on the borders of Russia, regions, municipalities, populated areas, territorial zones and areas with a special regime of exploitation. According to Art. 46 (part 1) of Federal Law No. 221, state, territorial authorized power structures are required to provide information on registered plots before the effective date of the enactment. The composition of information and the rules for sending materials to the cadastral registration body are determined by the executive state body approved by the government. The law also provides for the period in which this information and documents must be submitted. It is no more than 10 days from the date of the decision to establish, change, cancel the creation of a zone with a special regime.
For such zones, documentation on the territorialPlanning defines boundaries and purpose. The Town Planning Code does not provide for the obligation to create functional plots in accordance with actual exploitation. This is due to the fact that planning is not focused on securing the current situation, but on the development of the terrain in the future. As a key goal of zoning is the allocation within the urban settlement of relatively homogeneous for the technogenic load and natural features of the sites. All infrastructure facilities are divided into three large groups:
- Industrial areas. These include the terrain within which the enterprises are located.
- Residential areas. Within these areas, residential development is common.
- Recreational zones.On these sites there are green massifs. They can be intended for recreation after a set of measures for improvement. In the composition of these plots there are urban gardens, forest parks, forests, squares and so on.
Legislation also provides for the allocation of territorial zones. But it is carried out in accordance with the existing layout on the ground. The territorial zones include:
- Residential areas. Within their limits, the maximum number of storeys of buildings is allowed.
- Social and business zones of different types. It can be plots of commercial, business, communal facilities, cultural institutions, health care and so on.
- Production areas, transportation and engineering infrastructures.
- Agricultural land, including gardening, cottages and so on.
- Recreational areas. They include gardens and parks, forests, ponds, sports facilities.
- Territories of specially protected areas. These sites have important historical, cultural, scientific, ecological, recreational, aesthetic, health and other value.
- Zones of special use.In their composition there are cemeteries, objects for placing industrial and domestic wastes, other objects, the location of which can be provided exclusively through the allocation of individual sites.
- Other territorial zones. They are allocated in accordance with the functional areas and the specific operation of allotments, as well as capital construction objects.
To zones established in accordance withlegislation, also include other territories. They include, in particular, the suburbs and areas intended for placement of capital construction objects.
The main features of the zones withspecial mode of use. When describing the criteria, attention should be paid to the difference between the two legal categories. This, in particular, is conducted about the objects of protection and directly to the zone with a special regime. The first include sources of negative impact on man and nature. A zone with a special mode of use is located along such an object or around it. In this case, the dangerous source and the area associated with it exist not as one whole, but separately from each other.
Statutory acts establish a dutyauthorized municipal and state bodies to provide information about all zones with a special regime of use. This rule also extends to the terrain allocated to the category in question before the entry into force of Federal Law No. 221. The procedure for registering such zones involves entering relevant information about them into the state treasury. In addition, information is reflected in planning, town planning documentation, diagrams and drawings, in maps. In zones with a special regime, there may be land plots owned by citizens on the basis of property rights. In this case, the title documents specify the relevant restrictions.