Zones with special conditions for the use of the territory: signs, types and accounting of zones

Zones with special conditions for the use of the territory are indicated by special signs of the information type. For their damage, unauthorized transfer, destruction provides for administrative liability. All types of zones with special conditions for the use of the territory must be registered and reproduced on all maps.

Classification

Zones with special conditions for the use of territories include security areas:

1. Power grid facilities.
2. Trunk pipelines.
3. Gas supply facilities.
4. Surveying points.
5. Networks and communication facilities.
6. Sea ports.
7. Railways.
8. Stationary points designed to monitor the state of nature, the level of pollution.

This category also includes:

1. Water and fish protection areas, reserves.
2. Districts and zones of sanitary protection of medicinal natural resources, resorts, recreational areas, water bodies intended for household, drinking water supply.
3. Protective sections of structures, enterprises and other objects.
4. Protected areas of cultural and historical complexes.

Additionally

In accordance with laws and regulations, the list of zones with special conditions for the use of the territory also includes:

1. Forest park sites.
2. Coastal strip of water (internal) paths of the Russian Federation.
3. Priaerodromny sites.

Selection Specifics

Zones with special conditions for the use of territories are localities, the limits of which are determined by the rules and within which special regulations apply. The allocation of such sites is carried out taking into account various factors. In particular, the establishment of zones with special conditions for the use of territories is carried out in accordance with:

1. The possibility of combining within one locality different types of planned and existing modes of operation of sites.
2. By placing functional zones and indicators of their intended development. The latter are determined in accordance with the current general plan.

Goals

The sites under consideration are allocated in accordance with the norms of federal laws. Land management of zones with special conditions for the use of territories is carried out for:

1. Safety of citizens.
2. Creation of conditions for the operation of industrial, energy, radiation and nuclear hazardous, transport facilities, storage facilities for harmful substances and materials.
3. Protection of natural, historical and cultural monuments, archaeological complexes.
4. Sustainable functioning of natural ecosystems.
5. Protect landscapes from pollution.

Signs of a zone with special conditions for the use of the territory

As a rule, allotments included in their composition are not seized from copyright holders. However, special regimes may be introduced within them that prohibit or limit certain types of activities that are incompatible with the purpose of distinguishing such areas. The boundaries of zones with special conditions for the use of territories are determined by applicable law. They are subject to description and entry into the state cadastre of real estate. Zones with special conditions for the use of the territory are created in the area adjacent to the objects in respect of which they are formed. However, the latter are not part of such sites. The creation of a zone with special conditions for the use of the territory implies certain legal requirements and restrictions on the operation of real estate / movable property.

In respect of such sites may be provided for the rules of visiting, staying and so on. These requirements and restrictions express the protective or protective regime. The area under consideration usually does not coincide with the size of the objects for the protection of which or protection against which they are created. The boundaries of zones with special conditions for the use of territories are much wider. If they coincide, this should be directly indicated in the regulatory act on the basis of which the site is formed. The object of protection or the source of influence should have its own separate border. Their area is not included in the considered sections, except for the case of their coincidence.

Definition

Taking into account the above criteria, it can be established that the area with special conditions for the use of the territory is the area defined in accordance with the legislation, having its own limits, described in accordance with the procedure provided for in the norms. It is intended to protect the facility or protect it from negative impacts on humans and nature, impose legal requirements for operation and restrictions, determine the rules for visiting, finding, mode of stay, etc. Moreover, the zone, as a rule, does not coincide with the boundaries of the protected object or a dangerous source.

Nuances

To classify the area as part of a zone with special conditions for the use of the territory, the Rosreestr evaluates the presence of all the signs indicated above. The exception is the mandatory description and entry into the state cadastre. This is done after classifying the area in the category in question.

Exceptions

Zones with special conditions for the use of the territory should be distinguished from other areas with restrictions. The creation of the former, as noted above, is carried out to protect an object or provide protection from a source of danger. The formation of other restricted areas may not pursue such goals. For example, specially protected areas, protective forests and other similar areas where the subject / object of protection is a single whole with them are not included in the composition of zones with a special regime. In specially protected areas, various natural complexes are subject to protection. It can be directly land, subsoil, water bodies, fauna or flora. Moreover , protection is carried out not for each of them separately, but in the aggregate. It constitutes a specially protected area, which, in turn, acts as a single object in relation to the zone with a special mode of operation.

Protective forests are likewise considered. In fact, they are a complex of shrubs and trees. The object of protection 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 subject to protection. And zones with a special regime are established on the terrain associated with them.

State cadastre

The legislation provides for the mandatory registration of zones with special conditions for the use of the territory. The following data are entered into the state cadastre:

1. Individual designation. This can be a number, type, type, index, etc.
2. Description of the location of the borders.
3. Names of state or municipal authorities by the decision of which the area was created.
4. Details of relevant decisions, as well as acts on changing borders, sources of their official publication.
5. The content of restrictions on the operation of immovable objects located within the terrain.

Materials of urban development

Information about zones with a special mode is displayed:

1. On the maps that make up the planning schemes and general plans.
2. In the materials for the justification of projects and in the drawings of land surveying.
3. On zoning maps that are part of urban planning regulations for the rules of development and land use.

The procedure for entering information into the inventory

In the Federal Law No. 211, in addition to the provisions governing the procedure for recording immovable objects, there are rules that provide for rules for reflecting information about zones with a special regime of use. According to Art. 1, part 1 of the specified normative act, the state cadastre is a systematic set of data on registered real estate. It also contains information on the borders of Russia, regions, municipalities, settlements, territorial zones and localities with a special mode of operation. According to Art. 46 (part 1) of Federal Law No. 211, state and territorial authorized structures of power are obliged to provide information on registered areas before the date of entry into force of a regulatory act. The composition of the 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 by which the information and documents must be submitted. It is no more than 10 days from the date of the decision to establish, amend, cancel the creation of a zone with a special regime.

Functional Sites

For such areas, the territorial planning documentation defines the boundaries and purpose. The Urban Planning Code does not provide for the obligation to create functional areas in accordance with actual operation. This is due to the fact that planning is focused not on fixing the existing situation, but on the development of the area in the future. The key goal of zoning is the allocation within the urban settlement of relatively homogeneous in terms of technogenic load and natural features of the sites. All infrastructure facilities are divided into three large groups:

1. Industrial areas. These include the area within which enterprises are located.
2. Residential areas. Within these areas, residential development is common.
3. Recreational areas. In these areas are green spaces. They can be intended for recreation after a set of measures for improvement. These sites include city gardens, forest parks, forests, squares, and so on.

Other categories

The 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:

1. Housing estates. Within their limits, various maximum number of storeys of structures is allowed.
2. Social and business zones of various types. It can be sites of commercial, business, municipal facilities, cultural institutions, healthcare, etc.
3. Production areas, transport and engineering infrastructure zones.
4. Agricultural land, including gardening, cottages and so on.
5. Recreational areas. They include gardens and parks, forests, ponds, sports facilities.
6. Territories of specially protected areas. These sites have important historical, cultural, scientific, environmental, recreational, aesthetic, health and other significance.
7. Special Use Zones. They include cemeteries, facilities for industrial and household waste, other facilities, the location of which can be provided solely by highlighting individual plots.
8. Other territorial zones. They are allocated in accordance with the functional areas and the specifics of the operation of allotments, as well as capital construction facilities.

Zones established in accordance with the law also include other territories. They include, in particular, the suburbs and plots intended for placement of capital construction objects.

Conclusion

The main features of zones with a special regime of use were considered above. When describing the criteria, attention should be paid to the difference between the two legal categories. This, in particular, is about the objects of protection and the very zone with a special regime. The first include sources of negative effects on humans 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 site associated with it exist not as a whole, but separately from each other.

Normative acts establish the obligation of authorized municipal and state bodies to provide information on all zones with a special regime of use. This rule also applies to areas allocated to the category in question before the entry into force of Federal Law No. 221. The registration procedure for such zones involves the introduction of relevant information about them in the state cadastre. In addition, the information is reflected in the planning, urban planning documentation, diagrams and drawings, in maps. Areas with special treatment may include areas owned by citizens on the basis of property rights. In this case, the title documents indicate the relevant restrictions.