What is a freeway right of way. Law on highways and road activities

What is a freeway right of way. Law on highways and road activities

25.07.2019

The highway is an object belonging to transport infrastructure. Its purpose is movement Vehicle. This object includes the whole set land plots within the so-called right-of-way, as well as structural elements and necessary road structures located on or under these sections. These designs relate to the technological part.

purpose highway- ensure continuous, safe and year-round traffic in accordance with the design speeds, established dimensions and loads at a given traffic intensity throughout the entire service life.

highway - what is it?

This term denotes a strip allocated on the ground. Its purpose is the location of the road on it, as well as the construction of any auxiliary structures and the planting of roadside green spaces. The concept of a temporary right-of-way includes the space that is allocated for a lateral reserve device, a quarry, a construction site (if necessary) and after the completion of the construction process will be reclaimed and returned to the land user.

A subgrade is a complex of soil structures for engineering purposes, existing in the form of excavations, embankments, etc. Their purpose is to serve as the basis for the so-called road pavement of the road. The subgrade is erected from soil (local or imported), provided that its stability is ensured, including slopes, roadsides and underlying natural soils.

The structure of the subgrade also includes those drainage structures that are associated with it - drainage devices, ditches, ditches, reserves.

What is road wear?

This is the name of a multilayer structure that is laid on top of the subgrade. It serves to receive the load from a moving vehicle and transfer it to the ground. Road pavement is arranged both on the carriageway and on the side of the road.

Its design is carried out according to a special calculation. It consists of several layers - a coating, its base, together with an additional layer. Pavement can be rigid (cement-concrete) or non-rigid (sand, bituminous, crushed stone, etc.).

Rigid - that coating, the base of which is monolithic (made of cement, concrete) or prefabricated from reinforced concrete slabs. If concrete is not provided for in the composition of the layers of the structure, this is considered non-rigid.

The photo below shows the right of way of the highway.

All by project

Let's now look at the principles on which the basic calculations are based, according to which new roads are being built, as well as the reconstruction of old ones. As you know, for the competent organization of absolutely any process, it is required correct algorithm. This also applies to design. new design such as highways. The main lever in this case the principle of standardization of design components, which is carried out on the basis of existing regulated documents, is advocated.

As in any construction industry, the design and construction of a highway is carried out according to the norms of existing state standards. The geometry of the road under construction is marked out according to the technical requirements relating to the specified operating conditions.

According to the meaning of the above definition, the right of way of a motor road is understood as a certain area of ​​the site immediately adjacent to it. This is where the main structural elements the route and here, as a rule, objects are also located, the purpose of which is service maintenance road profile.

What are the bans based on?

At the same time, the right of way of the motor road is surrounded on both sides by adjacent roadside lanes. This reserved space is prohibited from being used for foreign objects. What caused it?

This ban is based on a number of important factors, namely:

1. Possibilities for future redevelopment of the road or its expansion.

2. Ensuring convenience and accessibility in the event of a need for work on the reconstruction of the facility.

3. Availability of the canvas for cleaning it in winter weather.

Main dimensions

Let's look at the parameters according to which the design of the above right-of-way for the road section takes place. The boundaries of this territory are set depending on a number of normalized parameters, with the help of which the planning of the future site is possible. The area of ​​the object is assumed to be a width that directly depends on which category the projected path belongs to. What are these values?

  • For roads of the 5th category, the width is 25 m.
  • category 4 highway, like the 3rd one, has a size of 50 m.
  • The widest is the strip of the road belonging to the 1st or 2nd category. The value of this parameter in this case is 75 m.

In some cases, the accepted values ​​may be subject to adjustment. For example, if a motor road connects federal centers with each other, its access lane width is assumed to be 100 meters.

Same given parameter accepted when it comes to the right-of-way automotive value or its function is the organization of a bypass trajectory of the city, the population of which is up to 250,000 people. In the event that the number of inhabitants exceeds the specified figure, overall size taken equal to 150 m.

Sometimes they ask the question - how many meters is the right of way of the highway in the village? But already from the definition it is clear that in cities and villages it is not required. According to the design standards, the right of way of the highway in the settlement is not provided.

How off-road space is limited

This auxiliary section may have a different structure. If we consider the simplest case, then the configuration of a roadside site implies an embankment, the sole of which, with its strip, corresponds to the legally legal allotment width. The upper part of the embankment serves directly for the movement of cars. The adjoining platform is at least 3 m on both sides.

An increase in the main size of the right of way is possible by introducing the following structural elements and additions:

1. Lateral reserves.

2. Upland ditches.

3. Cuvettes.

4. Banquets.

When designing a road and calculating the width of the section under consideration, its level is always taken into account. At a higher location, the width of the right of way of the highway is the distance between the extreme lower points of the foot slopes. Otherwise, as the same parameter, the width of the excavation necessary for arranging, measured in the section between the edges of the outer slopes on top, is taken.

What the standards say

The withdrawal rates were created on the basis of the characteristic parameters of the embankment. Having at our disposal a digital value of the height of the canvas and the size of the slope (the steepness of its legs), it is relatively easy to calculate this parameter for roads of different classes, taking into account the degree of equipping them with additional components.

There can be one, two or three digital indicators in the designation of the norm. In a compact and concise form, information can be presented in this way: 36/32/60. How is this set of numbers deciphered?

The numbers of the first category characterize the width of the withdrawal area, which takes into account lateral visibility excellent quality. The second number indicates the width that is required for the diversion section with the design configuration of the cuvettes. The last number is the width that is required if reserves are placed on the sides.

How is the use of the area restricted?

Within the territory reserved for the right of way, it is prohibited to carry out a number of actions, namely:

1. Organize and conduct any type of activity that is not directly related to the conduct of road works.

2. Locate any buildings whose purpose is not related to road maintenance.

3. Plow the land.

4. Cut down trees.

5. Graze animals.

7. Install pointers that carry a secondary informative function.

In the case of having the normative figures for the parameters of each right of way, the design process new road is much easier and faster. But we should not forget that this standard does not extend its requirements to certain areas. These include places of approaches to bridges and tunnels, a path laid through mountainous terrain or in a road-climatic zone.

What is this line actually?

On any of the routes (more precisely, on its side), the right of way of the highway is a piece of land occupied by forest plantations, various kinds of drainage structures, power supply and communication lines and snow fences. Most often, its limits are indicated with the help of specialized signs. The installation of the latter is carried out in those places where the roadway bends. The distance between them is at least a quarter of a kilometer.

At its core, the right of way of a motor road is an independent engineering facility that requires separate design. Prior to the process of translating into reality, all relevant Technical information must be kept at the disposal of special road services.

Above, we have already mentioned the width of the right of way of the road, depending on belonging to a certain category. That is, in fact, it cannot be less than 25 m wide. In those places where it is necessary to erect protective structures, its width is subject to change, taking into account the parameters of each of them.

The boundaries of the right of way of the highway - what is it?

What are the boundaries of the right of way, and what factors affect this process? The procedure is based on the requirements of a planned nature regarding the formation roadways together with road service facilities.

Most important parameters, according to which these limits are calculated, includes a list consisting of:

1. The magnitude of the angle of the earthen slope.

2. Presence (absence) of lateral reserves.

3. Available safety requirements.

4. Number of traffic lanes.

6. The required height of the embankment or the depth of the equipped excavation.

Are there any restrictions?

Implementation of the above standards in the design of a branch road lane is subject to a number of limitations. They are allowed not to be observed on certain sections of the road. Which ones?

1. Those, during the laying of which the execution of design documents is not required.

2. Possessing slopes exceeding the 12-meter level in height.

3. Located in mountainous or significantly rugged terrain, among water bodies, in floodplain areas and near tunnels, bridges and overpasses.

The right of way on any route, or rather, on the side of it, is a piece of land on which there are forest plantations, various drainage facilities, communication and power lines, and finally, snow fences. Usually its limits are indicated by specialized signs. The latter are installed in places where the roadway bends at a distance no less than a quarter of a kilometer from each other.

In fact, the right of way of the highway (mashinapro.ru) seems to be a typical engineering object that needs its own design before being implemented. Documented in a certain way, all technical information is contained in special road services.

Width of the right of way of the highway

However, even without turning to them for help, one can note the fact that the minimum width of such a strip cannot be less than 24 m. And in places where there is a need for protective structures, it changes taking into account their parameters. At the same time, the average values ​​of such objects should be equal to:

  • for roads of the first two categories - 75 m;
  • for tracks of III and fourth categories - 50 m;
  • for linear objects of the 5th category - 25 m;
  • for entrances that facilitate the connection of administrative centers, large cities, sections of highways built to go around settlements with a population of less than a quarter of a million people - 100 m;
  • for routes used to bypass cities with more than 250,000 people living in them - 150 m.

Boundaries of the right of way of the motor road and factors influencing them

Framework right of way of highways are determined based on the planned requirements, specializing in the formation of automobile routes, as well as road service facilities, taking into account existing standards.

The position of these limits is determined based on the following factors listed below:

  • angle of earthen slopes;
  • lateral reserves (their presence or absence);
  • requirements regarding the implementation of safety regulations;
  • number of lanes;
  • road category;
  • the height of the embankments, as well as the depth of the equipped recesses.

Restrictions on the implementation of norms when creating bypass lanes

It should be noted that certain framework restrictions are imposed on the use of the just announced norms. In particular, they do not apply to road sections:

  • which do not require registration of project documentation;
  • which have slopes with a height maximum exceeding 12 m;
  • finally, which are located in mountainous or rugged terrain, between water bodies, as well as in floodplain zones and on the approaches to tunnels, overpasses and bridges.

Placement of objects in the right of way and roadside - basic concepts and technical standards

The unified legal framework for activities related to the use of federal highways, highways of the constituent entities of the Russian Federation, municipal and private roads, as well as their management are established by the Federal Law of the Russian Federation of November 8, 2007 No. 257-FZ "On highways and on road activities in of the Russian Federation and on amendments to certain legislative acts of the Russian Federation"

Article 3 (paragraphs 15 and 16) of the law defines the concepts of "right of way" and "roadside".
ROW - land plots (regardless of the category of land) that are intended for placement of structural elements of a highway, road structures and on which road service facilities are located or may be located;
Roadside - territories that are adjacent on both sides to the right of way of the highway and within whose boundaries a special regime for the use of land plots (parts of land plots) is established in order to ensure safety requirements traffic, and normal conditions reconstruction, overhaul, repair, maintenance of the highway, its safety, taking into account the prospects for the development of the highway.

The procedure for establishing and using right-of-way motor roads of regional and intermunicipal significance, owned Orenburg region approved by the Decree of the Government of the Orenburg Region of September 26, 2009 N238-p. .
The procedure for establishing and using roadside lanes highways common use regional and intermunicipal significance of the Orenburg region approved

Basic concepts and technical standards of placement

ROW

The boundaries of the right of way of the highway are determined in accordance with Decree of the Government of the Russian Federation of 02.09.2009 N717 "On the norms of land acquisition for the placement of roads and (or) road service facilities"

Within the boundaries of the right of way of a motor road, with the exception of cases related to the performance of work to ensure road safety, construction, reconstruction, overhaul, repair and maintenance of a motor road, it is prohibited:

  • construction of residential and public buildings, warehouses;
  • carrying out construction, geological exploration, topographic, mining and survey work, as well as the installation of surface structures;
  • placement of buildings, structures, structures, devices and objects not related to the maintenance of the highway, its construction, reconstruction, repair, maintenance and operation;
  • plowing of land plots, grass mowing, felling and damage to forest plantations and other perennial plantations, removal of sod and excavation of soil;
  • installation of advertising structures that do not meet the requirements of technical regulations and regulations on traffic safety, as well as information boards and signs that are not related to road safety.

Advertising structures in the right of way of the highway are placed in accordance with Article 19 of the Federal Law of March 13, 2006 N 38-FZ "On Advertising" and Article 25

Within the right of way of the motor road, the following may be located:

  • engineering communications, roads (except for those belonging to the Orenburg region), railways, power lines, communication lines, pipeline and railway transport facilities, as well as other structures and objects that are located along the highway or cross it;
  • entrances, exits and junctions (including transition lanes) to objects located outside the right of way of the highway and requiring access to them /

The placement of such objects within the right of way of the motor road is allowed in exceptional cases in agreement with the organization that performs the functions of the developer or in the operational management of which the motor road is assigned, if their placement outside the right of way of the motor road is difficult or impractical due to the terrain conditions, or if such the placement will not require the reorganization of these facilities in the event of the reconstruction of the highway. (Decree of the Government of the Orenburg Region of September 26, 2009 N238-p)

Roadside

Within the boundaries of the roadside lanes of the highway, the construction of capital structures is prohibited, with the exception of:

  • objects intended for maintenance; motor roads, their construction, reconstruction, overhaul, repair and maintenance;
  • objects of the State Road Safety Inspectorate of the Department of the Ministry of Internal Affairs Russian Federation subject of the Russian Federation
  • road service facilities, advertising structures, information boards and signs;
  • engineering communications.

Depending on the class and (or) category of roads, taking into account the prospects for their development, with the exception of roads located within the boundaries settlements, the width of each roadside lane is set from the border of the right of way of motor roads in the amount of:

  • seventy-five meters for highways of the first and second categories;
  • fifty meters for highways of the third and fourth categories;
  • twenty-five meters for highways of the fifth category;
  • one hundred meters for entrances to the regional center, as well as for sections of highways built around cities with a prospective population of up to two hundred and fifty thousand people;
  • one hundred and fifty meters for sections of highways built to bypass cities with a population of over two hundred and fifty thousand people.

Advertising structures in the roadside lane of the highway are placed in accordance with Article 19 of the Federal Law of March 13, 2006 N 38-FZ "On Advertising" and Article 26 of the Federal Law of 08.11.2007. N257-FZ.

Construction, reconstruction within the boundaries of roadside lanes of highways of capital construction facilities, facilities intended for road activities, road service facilities, installation of advertising structures, information boards and signs are allowed with a written consent government agency"Main Department of the Road Facilities of the Orenburg Region", containing mandatory technical requirements and conditions. (Decree of the Government of the Orenburg Region of December 29, 2014 N1024-p.)

1. Technical standards placement of road service facilities

Road service facilities - buildings, structures, structures, other objects intended for servicing road users along the route ( gas stations, bus stations, bus stations, hotels, campsites, motels, catering points, stations Maintenance, similar facilities, as well as places of rest and parking of vehicles necessary for their operation).

  • subject to the conditions of access to the highway through the intersection in one / different levels and junctions at the same level (with/without crossing traffic flows of direct direction vehicles). (Decree of the Government of the Orenburg Region of December 29, 2014 N1024-p.)
  • Road service facilities must be equipped in accordance with technical requirements and conditions issued by the state institution "Main Department of Road Facilities of the Orenburg Region", parking and stopping areas for cars, as well as entrances, ramps and junctions that provide access to them from the highway. When adjoining a motor road, entrances and exits must be equipped with transitional speed lanes in accordance with and equipped in such a way as to ensure traffic safety. Road service facilities should include: a sanitary zone (public toilet, garbage bins, etc.); the simplest means of first aid medical care, means of communication.

    Construction, reconstruction, overhaul, repair and maintenance of entrances, ramps and junctions, parking lots and places for stopping vehicles, transitional speed lanes are carried out by the owner of the road service facility or at his expense.

    Reconstruction, overhaul and repair of adjoining road service facilities to motor roads are allowed if there is a written consent of the owners of motor roads to perform the specified work. ()

    2. Technical standards for placement of outdoor advertising structures

    Within the boundaries of the right of way, it is prohibited:

    • installation of advertising structures that do not meet the requirements technical regulations and (or) regulatory legal acts on road safety:
    • installation of information boards and signs that are not related to traffic safety or road activities:
    • installation of advertising structures, information boards and signs within the boundaries of roadside lanes of motor roads is allowed with the consent in writing of the owner of the motor road:
    • cause blinding of road users by light, including reflected light;
    • restrict visibility, interfere with the perception of the driver road conditions or operation of the vehicle;
    • have a resemblance (to appearance, picture or sound effect) with technical means traffic management and special signals, as well as create the impression that a vehicle, pedestrian or any object is on the road;
    • make sounds that can be heard within the road by persons with normal hearing.
    • on one support, in alignment and in one section with road signs and traffic lights
    • on emergency-dangerous sections of roads and streets, on railway crossings within the boundaries transport interchanges at different levels, bridge structures, in tunnels and under overpasses, as well as at a distance of less than 350 m from them outside settlements and 50 m - in settlements, directly above the tunnel entrances and tunnel exits and closer than 10 m from them;
    • on sections of roads and streets with a subgrade embankment height of more than 2 m;
    • on sections of roads outside populated areas with a curve radius in the plan of less than 1200 m, in populated areas - on sections of roads and streets with a curve radius in the plan of less than 600 m;
    • above carriageway and roadsides, as well as on median strips;
    • on road barriers and guides;
    • on retaining walls, trees, rocks and other natural objects;
    • on sections of roads with a visibility distance of less than 350 m outside settlements and 150 m - in settlements;
    • closer than 25 m from stops of route vehicles;
    • within the borders of terrestrial pedestrian crossings and intersections of roads or streets at the same level, as well as at a distance of less than 150 m from them outside settlements, 50 m - in settlements;
    • on the side of the highway or street at a distance of less than 10 m from the edge of the subgrade of the highway (curb stone) outside settlements and at a distance of less than 5 m - in settlements;
    • on the side of a highway or street at a distance less than the height of an outdoor advertising medium, if top point located at a height of more than 10 m or less than 5 m above the level of the carriageway.

    On highways, the lower edge of a billboard or structures that fasten it is placed at a height of at least 2.0 m from the surface level of the site where the advertising medium is located, and on the territory of urban and rural settlements- at a height of at least 4.5 m.
    Depending on the area of ​​the advertisement, the distance between outdoor advertising means separately placed on one side of the road must be at least as given in Table 2.

    Installation and operation of an advertising structure is carried out by its owner under an agreement with the owner land plot, building or other real estate to which the advertising structure is attached, or with a person authorized by the owner of such property, including with the tenant.

    The constituent entities of the Russian Federation establish deadlines for which contracts for the installation and operation of advertising structures can be concluded. depending on the types and types of advertising structures and the advertising display technologies used, but not less than five years and not more than ten years. The specific terms of the contract for the installation and operation of an advertising structure on a land plot, building or other real estate located in the state or municipal property or on land, state property to which it is not delimited, are established, respectively, by the executive authority, the local government authority of the municipal district or the local government authority of the urban district, depending on the type and type of advertising structure, the technologies used to display advertising within the boundaries of the relevant deadlines. The conclusion of an agreement for the installation and operation of an advertising structure is carried out on the basis of an auction in accordance with the norms of the Federal Law of March 13, 2006 N 38-FZ "On Advertising" and civil law.

    3. Technical standards for the location of the intersection and junctions to the highway

    In accordance with the requirements of SP 34.13330.2012 "SNiP 2.05.02-85 *. Highways", in order to reduce interference from local traffic, increase speeds, convenience and safety of main flows on highways of categories I-III, the number of intersections, exits and entrances should be as small as possible. Crossings and junctions on roads of category IA outside settlements are provided no more than 10 km, on roads of categories IB and II - 5 km, and on roads of category III - 2 km, taking into account specific conditions (building, drawing the existing road network, etc. .d.).

    All exits and entrances on the approaches to roads of categories IB, IB, II and III must have hard surfaces - for a distance of 100 m; to category roads for 50 m.

    Crossings and junctions at different levels (traffic interchanges) should be taken in the following cases:

    • on roads of categories IA and IB - with motor roads of all categories;
    • on roads of category IB - with roads, the estimated traffic intensity on which exceeds 1000 units / day;
    • on category IB roads with six or more lanes - with motor roads of all categories;
    • on roads of categories II and III - between themselves with a total estimated traffic intensity of more than 12,000 units / day.

    Interchanges are designed in such a way that on the roads of categories I and II there are no left turns, as well as entrances and exits with left turns, at which the streams of the main directions of traffic would intersect at the same level.

    Overpasses of transport interchanges across roads of all categories must comply with the requirements of SP 35.13330.2012.

    Intersections and junctions of highways in one level are designed as follows:

    • simple intersections and junctions with a total prospective intensity movements less than 2000 given units/day;
    • canalized intersections and junctions with islands and safety zones with a total prospective traffic intensity from 2000 to 8000 reduced units / day;
    • roundabouts with a total prospective traffic intensity from 2000 to 8000 reduced units / day and relative equality of traffic on intersecting roads, provided that they differ by no more than 20%, and the number of cars making a left turn is at least 40 % of total traffic on intersecting roads.

    The smallest radius of curves at road junctions at intersections or junctions at the same level is taken depending on the category of the road from which the exit occurs, regardless of the angle of intersection and junction at exits from the roads:

    • categories I, II - not less than 25 m;
    • category III - 20 m;
    • categories IV, V - 15 m.

    At the intersections and junctions of highways at the same level, visibility of the crossing or adjoining direction should be provided for the distance indicated in Table 3, depending on the categories of crossing roads.

    Estimated speed, km/hThe smallest visibility distance, m
    to stoponcoming carwhen overtaking
    150 300 - -
    120 250 450 800
    100 200 350 700
    80 150 250 600
    60 85 170 500
    50 75 130 400
    40 55 110 -
    30 45 90 -
    20 25 50 -

    The location of the abutments on the sections of convex curves in the longitudinal profile and with inside rounding in the plan is allowed only with technical justification.

    Transition-speed lanes are provided at intersections and junctions at the same level at exit points on roads of categories I-III, including buildings and structures located in the roadside zone: on roads of category I at an intensity of 50 reduced units / day. and more moving out or entering the road (respectively for the deceleration or acceleration lane); on roads of categories II and III at an intensity of 200 reduced units / day. and more. The width of the transitional speed lanes is assumed to be equal to the width of the main lanes of the carriageway. The length of the acceleration, deceleration and acceleration lanes is taken according to Table 4.

    Road categoriesLongitudinal slopeFull width strip length, mThe length of the strip of acceleration and deceleration, m
    downhillon the risefor overclockingfor braking
    IB, IV and II 40 - 140 110 80
    20 - 160 105 80
    0 0 180 100 80
    - 20 200 95 80
    - 40 230 90 80
    III 40 - 110 85 60
    20 - 120 80 60
    0 0 130 75 60
    - 20 150 70 60
    - 40 170 65 60
    IV 40 - 30 50 30
    20 - 35 45 30
    0 0 40 40 30
    - 20 45 35 30
    - 40 50 30 30

    4. Technical standards for the placement of intersections of a highway with engineering communications

    The laying, transfer or reconstruction of engineering communications, their operation within the boundaries of the roadside lanes of a motor road are carried out by the owners of such utilities or at their expense, subject to the consent in writing of the owner of the motor road and on the basis of a construction permit issued in accordance with the Town Planning Code of the Russian Federation. This consent must contain technical requirements and conditions that are subject to mandatory execution by the owners of such utilities. (Federal Law of November 8, 2007 N257-FZ)

    Crossings of roads with pipelines (water supply, sewerage, gas pipeline, oil pipeline, heating pipelines, etc.), as well as with cables of communication and power transmission lines, are provided in compliance with the requirements normative documents to these communications.

    Intersections of various underground communications with highways are recommended to be provided at right angles. The laying of these communications (except for intersections) under road embankments is not allowed.

    Placement within the roadside lanes of communication lines and high-voltage power lines with a voltage of 6 to 110 kW, as well as underground utilities (cables and pipelines) is possible only if the following conditions are met:

    • the placement of communications does not require their reconstruction in the event of the reconstruction of the highway, or their reconstruction will be carried out at the expense of the owners of such facilities;
    • the distance from the border of the right of way of the highway to the bases of the supports of overhead communication lines and power lines, as well as underground utilities (cables and pipelines) must be at least 25 meters;

    The vertical distance from the wires of overhead telephone and telegraph lines to the carriageway at the intersections of highways must be at least 5.5 m (in the warm season). The elevation of wires at the intersection with power lines should be, m, not less than:

    • 6 - at voltage up to 1 kV;
    • 7 - at voltage up to 110 kV;
    • 7.5 - at voltages up to 150 kV;
    • 8 - at voltage up to 220 kV;
    • 8.5 - at voltage up to 330 kV;
    • 9 - at voltage up to 500 kV;
    • 16 - at voltage up to 750 kV.

    The distance from the edge of the subgrade to the base of the supports of overhead telephone and telegraph lines, as well as high-voltage power lines when crossing roads, is taken not less than the height of the supports.

    The smallest distance from the edge of the subgrade to the supports of high-voltage power lines located parallel to the roads is taken equal to the height of the supports plus 5 m.

    5. Technical standards for the placement of intersections of a highway with railways

    Crossings of motor roads with main railways are provided outside the stations and shunting routes, mainly on straight sections of intersecting roads. Sharp corner between intersecting roads in the same level must be at least 60 °.

    Crossings of motor roads of categories I-III with railways are provided at different levels.

    Crossings of motor roads of categories IV and V with railways are provided at different levels in order to ensure traffic safety when:

    • intersection of three or more main railway lines or when the intersection is located on sections railways with high-speed (over 120 km / h) traffic or with a traffic intensity of more than 100 trains per day;
    • the location of crossed railways in recesses, as well as in cases where visibility standards are not provided.
    • movement of trolleybuses on highways or the installation of combined tram tracks on them.

    At unguarded level crossings, visibility must be ensured, in which the driver of a car located at a distance of at least the visibility distance from the crossing for stopping (depending on the category of road) could see the train approaching the crossing at least 400 m away, and the driver of the approaching train could see the middle of the crossing at a distance of at least 1000 m. (

    Registration N 16969

    In accordance with Article 25 of the Federal Law of November 8, 2007 "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2007, N 46, art. 5553; 2008, N 20, art. 2251; N 30 (part 1), art. 3597; N 30 (part 2), art. 3616 ; N 49, article 5744; 2009, N 29, article 3582; N 39, article 4532) and paragraph 5.2.53.27 of the Regulations on the Ministry of Transport of the Russian Federation, approved by the Decree of the Government of the Russian Federation of July 30, 2004 (Collection of Legislation Russian Federation, 2004, N 32, item 3342; 2006, N 15, item 1612; N 24, item 2601; N 52 (part 3), item 5587; 2008, N 8, item 740; N 11 (part 1), item 1029; N 17, item 1883; N 18, item 2060; N 22, item 2576; N 42, item 4825; N 46, item 5337; 2009, N 3 , item 378; N 4, item 506; N 6, item 738; N 13, item 1558; N 18 (part 2), item 2249; N 32, item 4046; N 33, item 4088; N 36, item 4361), I order:

    1. Approve the attached procedure for the establishment and use of right-of-way for federal highways.

    2. Establish that this order comes into force from the date of declaring invalid paragraph 1 of Decree of the Government of the Russian Federation dated April 14, 2007 N 233 "On the procedure for establishing and using right-of-way federal highways" (Collected Legislation of the Russian Federation, 2007, N 17, item 2049; 2009, N 37, item 4414).

    Minister

    I. Levitin

    Procedure for Establishing and Using Right-of-Ways for Federal Highways

    1. The procedure for the establishment and use of the right of way for federal highways (hereinafter referred to as the Procedure) was developed in accordance with Article 25 of the Federal Law of

    November 8, 2007 N 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" 1 (hereinafter - Federal Law of November 8, 2007 N 257-FZ) and paragraph 5.2.53.27 of the Regulations on the Ministry of Transport of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 30, 2004 N 395 2, and determines:

    the procedure for establishing right-of-ways for federal highways for the purpose of locating such highways (construction or reconstruction of highways, as well as when registering rights to land plots occupied by such highways), as well as locating road service facilities;

    conditions for the use of the right-of-way of federal highways.

    2. The boundaries of the right-of-way of a motor road of federal significance are determined on the basis of documentation on the planning of the territory. The preparation of planning documentation for the territory intended for the placement of federal highways and (or) road service facilities is carried out taking into account the norms for allotment of land approved by the Government of the Russian Federation for the placement of these facilities 3 .

    3. Until January 1, 2012, in the absence of documentation on the planning of the territory intended for the placement of federal highways, it is allowed to establish the boundaries of the right of way of the highway on the basis of the layout of land plots on the cadastral plan or cadastral map of the corresponding territory 4 .

    4. Decisions on the formation of land plots from land plots that are in federal ownership or state ownership of which is not delimited, in order to locate a federal highway, including for the formation of a right of way for such a highway, are carried out by the Federal Highway Agency.

    5. Organization and performance of work on the formation of land plots for the purpose of locating a highway of federal significance is carried out by the owners of highways.

    6. In cases stipulated by the duly approved project documentation for the construction or reconstruction of highways of federal importance, if necessary, the withdrawal, including by way of redemption, of land plots and (or) other real estate objects located on them for the needs of the Russian Federation in order to locate a highway of federal importance, including for the formation of a right of way for such road, decision-making on the withdrawal, including by way of redemption, for federal needs of land plots and (or) other real estate objects located on them for the specified purposes, is carried out by the Federal Highway Agency 5 .

    7. The organization of work on the seizure, including by redemption, of land plots and (or) other real estate objects located on them for the specified purposes is carried out by the owners of federal highways, including taking into account the specifics established by Article 37 of the Federal Law of July 17 2009 N 145-FZ "On state company"Russian Highways" and on Amendments to Certain Legislative Acts of the Russian Federation" 6 (hereinafter - Federal Law of July 17, 2009 N 145-FZ).

    8. Preparation of an application for the transfer of land plots into the category of industrial, energy, transport, communications, radio broadcasting, television, informatics, lands for space activities, defense, security and other lands special purpose(hereinafter referred to as transport lands), in order to establish a right of way for a federal highway for the placement of such a highway and (or) road service facilities, is carried out by the owners of federal highways in accordance with the legislation of the Russian Federation.

    The transfer of land plots into the category of transport land in order to establish the right of way of a federal highway for the placement of such a highway and (or) road service facilities is carried out in accordance with the legislation of the Russian Federation.

    9. Provision of land plots that are in federal ownership or state ownership of which is not delimited, in order to establish the right of way of a federal highway for the placement of such a highway and (or) road service facilities, as well as when registering rights to land plots, occupied by highways of federal importance, is carried out by the Federal Highway Agency in accordance with the legislation of the Russian Federation, taking into account the specifics established by Article 36 of the Federal Law of July 17, 2009 N 145-FZ.

    10. Within the boundaries of the right-of-way of a federal highway, 7 are prohibited:

    1) performance of work not related to construction, reconstruction, overhaul, repair and maintenance of a motor road, as well as the placement of road service facilities;

    2) placement of buildings, structures, structures and other facilities not intended for servicing the motor road, its construction, reconstruction, overhaul, repair and maintenance and not related to road service facilities;

    3) plowing land, mowing grass, cutting and damaging forest plantations and other perennial plantations, removing sod and excavating soil, with the exception of maintenance of the right of way of a motor road or repair of a motor road, its sections;

    4) grazing of animals, as well as their driving through motor roads outside the places specially provided for these purposes, agreed with the owners of such motor roads;

    6) installation of information boards and signs that are not related to ensuring road safety or the implementation of road activities.

    11. Carrying out activities within the boundaries of the right of way of a highway of federal significance is allowed provided that such activity (under normal conditions of its implementation) does not entail:

    1) pollution of the right-of-way of roads, including the discharge of garbage outside the places specially provided for these purposes;

    2) use of drainage structures of motor roads for runoff or discharge of water;

    3) performance within the boundaries of the right of way of roads, including on the carriageway of roads, works related to the use of substances that may have an effect on reducing the adhesion of wheels of vehicles with pavement, as well as without compliance with fire safety requirements;

    4) creation of conditions hindering the provision of road safety;

    5) damage to roads or other actions that cause damage to roads or create obstacles to the movement of vehicles and (or) pedestrians;

    6) violation of other requirements established by regulatory legal acts of the Russian Federation to limit the use of federal highways and their right of way, as well as to ensure their safety.

    12. It is prohibited to cut down forest plantations located on land plots within the boundaries of the right-of-way of federal highways classified as transport land, except when such activity is carried out as part of the work on:

    construction and reconstruction of motor roads of federal importance in accordance with the approved projects for the construction, reconstruction, overhaul of such motor roads.

    13. Within the right of way of a highway of federal importance, it is allowed to lay and reorganize engineering communications, arrange intersections of highways railroad tracks at one level, the device of crossing or adjoining another road and the placement of road service facilities.

    14. Within the boundaries of the right-of-way of motor roads of federal significance, it is allowed to lay or reorganize engineering communications by the owners of such utilities or at their expense on the basis of:

    the consent of the owner of a highway of federal significance, issued in writing, to the laying or reconstruction of engineering communications, containing technical requirements and conditions binding for execution, if such laying or reconstruction does not require the reconstruction of these objects in the event of reconstruction of a highway of federal significance;

    an agreement according to which the laying or reconstruction of engineering communications is carried out, concluded by the owners of such engineering communications with the owner of the motor road, provided that if the laying or reconstruction of engineering communications within the boundaries of the right of way of the motor road entails the reconstruction or major repairs of the motor road, its sections, such reconstruction, major repairs are carried out by the owners of utilities or at their expense;

    a construction permit issued by a federal state institution subordinate to the Federal Road Agency, which is the owner of such a highway, in accordance with Federal Law of December 29, 2004 N 190-FZ "Urban Planning Code of the Russian Federation" 8 (hereinafter referred to as the Urban Planning Code of the Russian Federation), Federal law dated

    November 8, 2007 N 257-FZ and Federal Law of July 17, 2009 N 145-FZ (in the event that the construction or reconstruction of such utilities requires the issuance of a construction permit).

    15. Within the boundaries of the right-of-way of federal highways transferred to the trust management of the state company "Russian Highways", and necessary for the placement of engineering communications, it is allowed to lay or rebuild engineering communications by the owners of such utilities if there is an agreement on the establishment of an easement in relation to such land plots .

    16. Designing the laying or reconstruction of engineering communications within the boundaries of the right of way of federal highways is allowed on the basis of the consent of the owner of a federal highway, issued in writing, to the planned placement of such engineering communications, containing technical requirements and conditions that are mandatory for execution.

    17. The construction, reconstruction, overhaul of structures that are crossings of a federal highway with another highway or adjoining a federal highway with another highway, including in the right of way of a federal highway, are allowed if there is a construction permit issued by the subordinate Federal to a road agency by a federal state institution that is the owner of a federal highway, in accordance with the Town Planning Code of the Russian Federation and Federal Law No. 257-FZ of November 8, 2007, and consent issued in writing by the owner of a federal highway. If during the reconstruction of a federal highway it is necessary to reorganize intersections and junctions, the costs of such reconstruction shall be borne by the person in whose interests the construction, reconstruction, overhaul, repair of intersections and junctions are carried out.

    The placement of these facilities within the right of way of a federal highway transferred to the trust management of the Russian Highways State Company is carried out taking into account the specifics established by Federal Law No. 145-FZ of July 17, 2009.

    Repair of intersections and junctions of federal highways is carried out subject to the consent issued in writing by the owner of the federal highway, which includes, among other things, the coordination of the procedure for repairing these intersections and junctions and the scope of such work.

    In accordance with Part 5.1 of Article 20 of the Federal Law of November 8, 2007 N 257-FZ, the consent in writing of the owner of a federal highway must contain technical requirements and conditions that are subject to mandatory execution by persons involved in the construction, reconstruction, overhaul and repair of intersections and connections.

    18. The arrangement of intersections of highways by railways at the same level and at different levels is carried out in accordance with the Federal Law of November 8, 2007 N 257-FZ, the federal law on railway transport, the federal law on road safety, the requirements of technical regulations, other regulatory legal acts of the Russian Federation 9 .

    19. The placement of newly constructed road service facilities within the boundaries of the right of way of a federal highway is carried out in accordance with the territory planning documentation, the requirements of technical regulations and compliance with the following conditions:

    1) the distance from the entrance, exit, junction to the road service facility planned for placement to the nearest:

    bridge crossing should not be less than 1000 meters;

    railway crossing in one level should not be less than 250 meters;

    the existing junction of another highway or other object must be at least:

    600 meters - on motor roads of the second and third categories;

    100 meters - on highways of the fourth category;

    50 meters - on highways of the fifth category;

    2) the choice of the location of road service facilities should be carried out on a section of a motor road with a slope not exceeding 40%;

    3) road service facilities must not impair visibility on a federal highway and other conditions for ensuring traffic safety and the use of this highway. The minimum distances for ensuring lateral visibility are given in the appendix to this Procedure;

    4) road service facilities must be equipped in accordance with the technical requirements and conditions issued by the owner of a federal highway, areas for parking and stopping vehicles, entrances, exits and junctions providing access to them, as well as equipped transitional speed lanes.

    The placement of road service facilities within the boundaries of the right of way of federal highways transferred to the trust management of the state company Russian Highways is carried out taking into account the specifics established by Federal Law No. 145-FZ of July 17, 2009.

    20. Decisions on the formation of land plots located within the right of way of public roads of federal significance intended for the placement of road service facilities, and their provision for the placement of road service facilities, are carried out by the Federal Road Agency, and in relation to federal highways transferred in trust management of the state company "Russian Highways" - a state company.

    The organization and conduct of work on the formation of such land plots is carried out by the owners of highways.

    Land plots within the boundaries of the right of way of a federal highway for the placement of road service facilities are provided by the Federal Highway Agency or the owner of the highway.

    21. In cases of construction, reconstruction, overhaul of road service facilities located within the boundaries of the right of way of a federal highway, a construction permit is issued in accordance with the Town Planning Code of the Russian Federation and Federal Law of November 8, 2007 N 257-FZ:

    a federal state institution subordinate to the Federal Highway Agency, which is the owner of the highway, within the boundaries of the right of way of which it is planned to carry out the construction, reconstruction, overhaul of such facilities;

    The Federal Road Agency in cases of construction, reconstruction, overhaul of road service facilities located within the boundaries of the right of way of a federal highway transferred to the trust management of the state company Russian Highways.

    22. In accordance with Part 7 of Article 22 of Federal Law No. 257-FZ of November 8, 2007, a fee is charged for the provision of services for connecting road service facilities to a federal highway on the basis of an agreement concluded with the owner of the road on connecting a road service facility to such automobile road.

    23. When joining a road service facility to a federal highway, the owner of such a motor road informs the owners (owners) of the attached facilities about the planned reconstruction, overhaul of the federal highway and the timing of such reconstruction, overhaul.

    24. Reconstruction, overhaul and repair of adjoining road service facilities to federal highways are allowed if there is a consent issued in writing by the owner of the highway for the performance of these works, which contains technical requirements and conditions that are mandatory for execution.

    25. In the case of the reconstruction of a motor road of federal importance, the reconstruction of road service facilities and (or) entrances, exits, junctions to these facilities is carried out by the owners of such facilities in accordance with the technical requirements and conditions issued by the owner of the motor road.

    1 Collection of Legislation of the Russian Federation, 2007, N 46, art. 5553; 2008, No. 20, Art. 2251; N 30 (part 1), Art. 3597; N 30 (part 2), art. 3616; No. 49, Art. 5744; 2009, N 29, Art. 3582; No. 39, Art. 4532.

    2 Collection of Legislation of the Russian Federation, 2004, N 32, Art. 3342; 2006, N 15, Art. 1612; No. 24, art. 2601; N 52 (part 3), Art. 5587; 2008, No. 8, Art. 740; N 11 (part 1), Art. 1029; No. 17, art. 1883; No. 18, art. 2060; No. 22, Art. 2576; No. 42, Art. 4825; No. 46, Art. 5337; 2009, N 3, Art. 378; No. 4, art. 506; No. 6, art. 738; No. 13, Art. 1558; N 18 (part 2), Art. 2249; No. 32, Art. 4046; No. 33, Art. 4088; No. 36, art. 4361.

    5 Section 5.4.1(1) of the Federal road agency, approved by Decree of the Government of the Russian Federation of July 23, 2004 N 374 (Collected Legislation of the Russian Federation, 2004, N 31, Art. 3264; 2006, N 16, Art. 1747; N 37, Art. 3880; 2008, N 8, Art. 740; N 17, item 1883; N 42, item 4825; N 46, item 5337; 2009, N 4, item 506; N 6, item 738; N 18 (part 2), item 2249 ; N 33, item 4081; N 36, item 4361).

    6 Collection of Legislation of the Russian Federation, 2009, N 29, art. 3582.

    8 Collection of Legislation of the Russian Federation, 2005, N 1 (part 1), Art. 16; N 30 (part 2), Art. 3128; 2006, N 1, art. 10; N 1, Art. 21; No. 23, art. 2380; N 31 (part 1), Art. 3442; No. 50, art. 5279; N 52 (part 1), Art. 5498; 2007, N 1 (part 1), art. 21; No. 21, art. 2455; N 31, art. 4012; No. 45, art. 5417; No. 46, art. 5553; No. 50, art. 6237; 2008, No. 20, art. 2251; No. 20, Art. 2260; N 29 (part 1), Art. 3418; N 30 (part 1), Art. 3604; N 30 (part 2), art. 3616; N 52 (part 1), Art. 6236; 2009, N 1, art. 17; No. 29, art. 3601; No. 48, art. 5711.

    Right-of-way - a term applicable to those areas of land where the construction of road structural elements is possible. When allocating a road lane, the quality and category of the land plot are not considered.

    In addition to the roads themselves, facilities that provide services, as well as facilities necessary for the correct functioning of the route, can be arranged on the right of way. The right of way is the boundary of the land allocated for vehicles.

    Roads and terms

    Under roadside It is customary to understand such a territory, which on both sides directly adjoins the place intended for the movement of vehicles. Within the boundaries of the roadside area, there is a special strict regime for the use of each square centimeter of the area. It is necessary to equip the areas in such a way that the movement by car is as safe as possible. In addition, the right of way is arranged with the expectation of the upcoming reconstruction and even major repairs. The site is created in such a way as to simplify the tasks of maintaining the track, to guarantee the longest possible safety of the road. A professional approach to land allocation necessarily takes into account the development of the highway in the future, evaluating all possible prospects.

    Roads and laws

    A roadside right-of-way is not required if the road is laid in a built-up area. In all other cases, when allocating a piece of land, it is necessary to analyze the prospects for a possible increase in the flow of vehicles and the expansion of the route.

    Current standards:

    • 75 meters for 1 and 2 categories;
    • 50 meters for 3 and 4 categories;
    • 25 meters for category 5.

    When arranging, SNiP must be taken into account. Highways - places heightened danger Therefore, the issues of reliability and quality come first.

    Additional standards

    When creating roads that would connect the capitals and administrative centers, as well as Moscow, St. Petersburg with other cities, routes that would connect common federal roads, the right-of-way must be made 100 meters.

    150 meters is the standard for those sections that are intended for a bypass of large settlements (those where 250,000 people or more live).

    The governing body of a particular subject chooses the boundaries when taking into account SNiP. Highways - the area of ​​responsibility of the federals, municipalities, regionals, officials local level. This is what the executive branch does. Roads and their boundaries are the task of local governments or those that are in charge of state road property.

    Practical aspects

    An interested person draws up a project for the right of way. In some cases, this is formalized under a government contract, if it is a road that will then be the property of the state. If it is necessary to equip a private route, the owner takes over the tasks of the project.

    It will not work to make a project “on the knee”, you will have to turn to specialists. Designers will develop a complete package of supporting documentation, on the basis of which the authorized local authority decides on approval or sends it for revision. Only after the complete execution of the package of documents and the receipt of visas of all interested parties, it will be possible to start work. Obviously, the owner will have to pay for everything.

    And who can do it?

    The roadside area is not a place that anyone can equip. Only real professionals are allowed to work, because it depends on how safe and reliable the track will be.

    The work should involve design engineers, civil engineers with a specialization that involves the construction of roads. There are no strict criteria for selecting specific workers who follow the instructions of foremen, but preference should be given to those who have already dealt with the creation of routes. Tasks are complex and require application special equipment, so learning from scratch is frankly not easy.

    Nuances

    The right of way is allocated for permanent use, that is, the operation does not have a clearly defined period. But the additional width of the right of way, which builders receive for work, is issued only for a specified period of time, while work is underway to create the route.

    The lanes are allotted in strict accordance with how the construction is progressing. Each stage has its own section. Which lanes and when are allotted is determined by the project documentation.

    The choice of a land plot for the right of way is made in accordance with the land legislation in force at the moment. Also, provisions have been developed for the restoration of land, which are mandatory for accounting, since when creating a route, a strong destruction of the natural layer of soil occurs. In addition, other regulations are in force, including local documentation, which are required to be taken into account for the correct allocation and creation of right of way of the highway. The category of roads and how many lanes there will be are key factors in determining a specific amount. In addition, lateral reserves and excavations, slopes, if any, are laid down by the project documentation, should be taken into account.

    Summing up

    The creation of a highway is not an easy task that requires an extremely responsible approach. During construction new track prerequisite is the correct creation of the project, taking into account not only the requirements of the present, but also the prospects of the coming decades.

    Correct reasoning when claiming land from the state ensures that the builders will have at their disposal required amount meters along the road under construction. This will help to safely position the vehicles used in the work and ensure the quality of the road itself. The right-of-way created at the same time will be the key to the safety of motorists on the highway in the future.

    When creating a right of way, it must be taken into account that this territory is actively used to equip service points. For them, in turn, it is necessary to make the infrastructure. Taking into account the future development of the territories, already in the road design, it can be guaranteed that the lanes will be sufficient in size, reliable and fully satisfying the requirements not only at the time of construction, but also in the future.

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