Acceptance and composition of land transport. Legal regime of land for industry, transport and other special purposes

08.03.2020

1. Lands of transport are recognized as lands that are used or intended to ensure the activities of organizations and (or) the operation of objects of automobile, sea, inland water, rail, air, pipeline and other types of transport and the rights to which have arisen among participants in land relations on the grounds provided for this Code, federal laws and laws of subjects of the Russian Federation.

2. In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;

2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings, structures, devices and other objects of the railway transport;

3) establishment of right-of-way.

Free land plots on the right of way of railways within the lands of railway transport can be leased to citizens and legal entities for agricultural use, provision of services to passengers, warehousing of goods, arrangement of loading and unloading areas, construction of railroad warehouses (with the exception of warehouses for fuel and lubricants and gas stations of any type, as well as warehouses intended for the storage of hazardous substances and materials) and other purposes, subject to the traffic safety requirements established by federal laws.

The procedure for the establishment and use of railway right of way is determined by the Government of the Russian Federation.

3. In order to ensure road activities, land plots may be provided for:

1) placement of roads;

2) placement of road service facilities, facilities intended for the implementation of road activities, stationary posts of internal affairs bodies;

3.1. Land plots within the boundaries of the right of way of motor roads may be provided in accordance with the procedure established by this Code to citizens and legal entities for the placement of road service facilities. To create the necessary conditions for the use of roads and their safety, to ensure compliance with traffic safety requirements and to ensure the safety of citizens, roadside lanes are created. The establishment of the boundaries of the right of way of motor roads and the boundaries of roadside lanes of motor roads, the use of such right of way and roadside lanes shall be carried out in accordance with this Code, the legislation of the Russian Federation on motor roads and road activities.

4. In order to ensure the activities of organizations and the operation of maritime and inland water transport facilities, land plots may be provided for:

1) placement of artificially created inland waterways;

2) placement of infrastructure facilities of seaports, facilities of river ports, berths, piers, hydraulic structures, other facilities necessary for the operation, maintenance, construction, reconstruction, repair of surface and underground buildings, structures, devices and other objects of maritime, inland water transport;

3) allocation of the coastline.

The coastline of inland waterways is allocated for work related to navigation and rafting on inland waterways, outside the territories of settlements. The procedure for allocating the coastline and using it is determined by the Code of Inland Water Transport of the Russian Federation.

5. In order to ensure the activities of organizations and the operation of air transport facilities, land plots may be provided for the placement of airports, airfields, air terminals, runways, other ground facilities necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings, structures , devices and other air transport objects.

6. In order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground facilities of the system of oil pipelines, gas pipelines, other pipelines;

2) placement of surface facilities necessary for the operation, maintenance, construction, reconstruction, repair of surface and underground buildings, structures, devices and other pipeline transport facilities;

3) has become invalid.

7. In order to create conditions for the construction and reconstruction of automobile, water, rail, air and other types of transport, land is reserved. The procedure for reserving land for these purposes is established by federal laws.

8. Land plots provided for the construction, reconstruction, overhaul of pipeline transport facilities from other categories of land are not subject to transfer to the category of transport land and are provided for the period of construction, reconstruction, overhaul of such facilities. For land plots where underground pipeline transport facilities related to linear facilities are located, registration of the rights of owners of pipeline transport facilities in the manner prescribed by this Code is not required. The owners of land plots have restrictions on their rights in connection with the establishment of security zones for such objects.

Commentary on Art. 90 ZK RF

1. Much more detailed legislative regulation is devoted to transport lands than to industrial or energy lands. This is due, obviously, to the fact that one mode of transport differs from another in many ways. This also takes into account Art. 90 of the Land Code, which recognizes as transport lands lands that are used or intended to ensure the activities of organizations and (or) the operation of objects of automobile, sea, inland waterway, rail, air and other modes of transport, and containing provisions for each type of transport in a separate clause. "Other" modes of transport are summarized in paragraph 6 of Art. 90 LC to pipeline transport.

In accordance with the land plots that are in state or municipal ownership and provided for the needs of transport organizations, are limited in circulation.

2. In accordance with paragraph 2 of Art. 90 of the Land Code, in order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided:

1) for the placement of railway tracks;

2) for the placement, operation, expansion and reconstruction of railway stations, stations, devices and other objects of railway transport;

3) to establish right-of-way and protection zones for railways.

Similarly, the composition of the lands of railway transport is determined by Art. 2 of the Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation" (as amended on November 8, 2007) .
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SZ RF. 2003. N 2. Art. 169; N 28. Art. 2884.

Free land plots on the right of way of railways within the lands of railway transport can be leased to citizens and organizations for agricultural use, provision of services to passengers, storage of goods, arrangement of loading and unloading sites, construction of railroad warehouses (with the exception of warehouses for fuel and lubricants and gas stations). stations of any type, as well as warehouses intended for the storage of hazardous substances and materials) and other purposes, subject to compliance with traffic safety requirements established by federal laws. These provisions express the limited turnover of railway transport land: they can be transferred to private individuals only on lease and only if traffic safety requirements are observed.

In accordance with the Federal Law "On Railway Transport in the Russian Federation", the size of land plots for railway transport is determined by design and estimate documentation, agreed in the manner prescribed by land legislation. The right of way of the railways is the land plots adjacent to the railway tracks, intended for the placement of railway stations, drainage and strengthening devices, protective forest belts along the railway tracks, communication lines, power supply devices, industrial and other buildings, buildings, structures, devices and other railway transport facilities. Protected zones are land plots necessary to ensure the safety, strength and stability of railway transport facilities, land plots with mobile soil adjacent to land plots intended for accommodating railway transport facilities and ensuring protection of the railway track from snow and sand drifts and other negative impacts . Protected zones are established in order to ensure the safe operation of railways and other railway transport facilities, as well as the safety of the population, railway workers and passengers in places prone to landslides, landslides, erosion, mudflows and other negative impacts, in places where high-speed trains are moving.

In accordance with the Rules for the Establishment and Use of Right of Way and Protected Zones of Railways, approved by Decree of the Government of the Russian Federation of October 12, 2006 N 611, in order to form land plots within the boundaries of the right of way of railways and streamline the boundaries of land plots located within the boundaries of the right of way , the owner of the infrastructure of public railway transport or the owner of the railway track of non-public use or the organization carrying out the construction of the infrastructure of railway transport of public use and (or) the railway track of non-public use (interested organization), ensure the preparation of the relevant project of territorial land management (the project of boundaries of land plots located in right-of-way boundaries). The boundaries of the right of way are established taking into account the norms for the allotment of land plots necessary for the formation of the right of way, approved by the Ministry of Transport of Russia.
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SZ RF. 2006. N 42. Art. 4385.

Statement of newly formed land plots within the boundaries of the right of way for state cadastral registration is carried out at the request of the interested organization or a person authorized by it in accordance with the legislation of the Russian Federation. Within the boundaries of the right of way, in order to ensure the safety of traffic and operation of railway transport, the interested organization is obliged to ensure the following regime for the use of land:

a) prevent the placement of capital buildings and structures, perennial plantings and other objects that impair the visibility of the railway track and pose a threat to the safety of traffic and operation of railway transport;

b) not to allow the construction and placement of any buildings and structures, agricultural work in the locations of water supply and sewerage networks, water intake facilities and other engineering communications;

c) prevent the growth of weedy herbaceous and tree-shrub vegetation in places adjacent to agricultural land;

d) prevent the accumulation of dead wood, deadwood, logging residues and other combustible materials in places adjacent to forest areas;

e) to separate the boundary of the right of way from the edge of the natural forest with a fire-prevention plowing 3 to 5 m wide or a mineralized strip at least 3 m wide.

The placement of utilities, power lines, communications, main gas and oil pipelines and other linear structures within the boundaries of the right of way is allowed only upon agreement with the organization concerned.

Within the boundaries of the right of way, it is allowed, under the terms of the contract, to place outdoor advertising on the slopes of excavations, permanent fences, buildings, devices and other objects of railway transport. Such advertising must comply with the requirements established by the legislation of the Russian Federation and not endanger the safety of traffic and the operation of railway transport.

Land plots (parts thereof) located along the right of way may be included in the boundaries of the railway protection zone in the event of the passage of railway tracks:

a) in places prone to snowfalls (avalanches), landslides, erosion, mudflows, gully formation, karst formation and other dangerous geological impacts;

b) in areas of shifting sands;

c) for forests that perform the functions of protective forest plantations, including forests in floodplains and along surface water bodies;

d) in forests where clear-cutting of stands can affect the stability of mountain slopes and hills and lead to the formation of landslides, screes, ravines or cause mudflows and snowfalls (avalanches), affect the safety, stability and strength of railway tracks.

The Federal Agency for Railway Transport (hereinafter referred to as Roszheldor) (its territorial body), in agreement with the Federal Property Management Agency (its territorial body), makes a decision on the inclusion of land plots (their parts) within the boundaries of the buffer zone within two months from the date of submission by the interested organization:

a) statements describing the proposed prohibitions and restrictions;

b) a territorial land management project developed at its own expense and containing a description of the boundaries of the buffer zone, the boundaries of land plots (their parts) located within the boundaries of the buffer zone, established taking into account the norms for calculating buffer zones approved by the Ministry of Transport of the Russian Federation.

The decision of Roszheldor (its territorial body) on the inclusion of land plots (their parts) within the boundaries of the buffer zone must contain prohibitions and restrictions established in accordance with paragraph 10 of the Rules mentioned above. The decision is accompanied by a draft territorial land management with a description of the boundaries of the buffer zone, the boundaries of land plots (their parts) located within the boundaries of the buffer zone. The said decision shall be sent to the interested organization within a week from the date of its adoption.

Within the boundaries of protected zones, in order to ensure the safety of traffic and operation of railway transport, prohibitions or restrictions on the following activities may be established:

a) construction of capital buildings and structures, arrangement of temporary roads, cutting down of trees and shrubs, removal of sod cover, excavation, except when the implementation of these activities is necessary to ensure the stable, uninterrupted and safe operation of railway transport, improve the quality of user service railway transport services, as well as in connection with the installation, maintenance and repair of linear structures;

b) plowing land;

c) grazing;

d) release of surface and household waters.

The establishment of signs denoting the boundaries of the buffer zones is carried out by the organization concerned. Statement of land plots located within the boundaries of protected zones for state cadastral registration is carried out at the request of an interested organization or a person authorized by it in accordance with the legislation of the Russian Federation.

If it is necessary to withdraw land plots for the needs of the Russian Federation in order to form a right of way for railways:

— Roszheldor, in agreement with the Federal Property Management Agency, decides on the withdrawal of land plots for the needs of the Russian Federation in order to develop the railway network in the manner prescribed by the legislation of the Russian Federation;

- The Federal Property Management Agency, together with the Federal Agency for Railway Transport, takes the necessary actions related to the withdrawal of these land plots, in the manner prescribed by the legislation of the Russian Federation.

The norms for allotment of land plots necessary for the formation of a right of way for railways, as well as the norms for calculating the buffer zones of railways, must be approved by the Ministry of Transport of Russia in 2007.

3. In accordance with paragraph 3 of Art. 90 of the Land Code, in order to ensure the activities of organizations and the operation of road transport facilities and road facilities, land plots may be provided:

1) for the placement of highways, their structural elements and road structures;

2) placement of bus stations and bus stations, other objects of road transport and road facilities;

3) establishment of right-of-way roads.

Land plots on the right of way of roads within the lands of road transport can be leased to citizens and organizations for the placement of road service facilities and outdoor advertising. On the right of way of motor roads, with the exception of cases provided for by law, it is prohibited:

a) construction of residential and public buildings, warehouses;

b) carrying out construction, geological exploration, topographic, mining and survey work, as well as the arrangement of surface structures;

c) plowing of land plots, grass mowing, felling and damage of perennial plantings, removal of sod and excavation of soil;

In order to create normal conditions for the operation of federal highways and their safety, to ensure the safety of traffic and the population, roadside lanes are created in the form of land plots adjacent to the right of way of federal highways on both sides with the establishment of a special regime for their use. Owners of land plots located within such roadside lanes must be notified by the relevant executive authorities of the constituent entities of the Russian Federation about the special regime for the use of these land plots. The procedure for establishing and using roadside lanes of federal public roads is determined by the Rules approved by Decree of the Government of the Russian Federation of December 1, 1998 N 1420 (as amended on May 29, 2006). Depending on the road, they set a minimum width of roadside lanes of at least 50 m on each side. The designation of the boundaries of roadside lanes is carried out by the authorities of federal highways.
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SZ RF. 1998. N 49. Art. 6059; 2000. N 6. Art. 776; 2006. N 23. Art. 2526.

Within roadside lanes, the construction of capital structures (with a service life of 10 years or more) is prohibited, with the exception of road service facilities, traffic police (GAI) and road service. This rule does not apply to objects in operation, as well as to objects whose construction began before July 1, 1998 (and which may not be completed until now).

Placement within the roadside lanes of objects is allowed subject to the following conditions:

a) objects should not impair visibility on the road, other conditions of road safety and operation of the road and structures located on it, as well as pose a threat to public safety;

b) the choice of the location of objects should be carried out taking into account the possible reconstruction of the road;

c) placement, design and construction of facilities should be carried out taking into account the requirements of standards and technical norms for road safety, environmental safety, construction and operation of roads.

When choosing a location for road service facilities, one should strive to reduce to a minimum the number of junctions, entrances to and exits from the road, locating these facilities in a complex within the boundaries of the land allocated for these purposes. Road service facilities should be equipped with areas for parking and stopping cars, as well as entrances, exits and junctions that provide access to them from the road. When adjoining the road, entrances and exits must be equipped with transitional speed lanes and equipped in such a way as to ensure traffic safety.

The construction and maintenance of road service facilities is carried out at the expense of their owners. Agreements or decisions on the provision of land plots for the placement of non-permanent buildings and structures within roadside lanes should provide for the obligations of the owners of these objects to carry out their demolition or transfer at their own expense if these buildings and structures create obstacles to the normal operation of the road during its reconstruction or will worsen traffic conditions on it. Buildings and structures erected in violation of these Rules within the roadside lanes are recognized as unauthorized structures.

Decisions on the provision of land plots within the roadside lanes or land plots located outside these lanes, but requiring special access to them (entrances, exits, junctions, etc.), as well as land plots for parking and stopping vehicles are taken by the relevant bodies in agreement with the authorities of federal highways and traffic police (GAI), which have the right to:

a) carry out, within its competence, control over the use of land within roadside lanes to prevent emergency situations or eliminate their consequences, visit for this purpose land plots located within roadside lanes;

b) coordinate the construction of buildings and structures within the roadside, participate in the acceptance of these facilities for operation;

c) make proposals to cancel decisions on the allotment of land plots within roadside lanes or on the placement of objects on these plots, taken in violation of the law and traffic safety standards;

d) give instructions to the right holders of land plots located within roadside lanes to eliminate, within the established time limits, violations related to the mode of use of these lands or posing a threat to road safety.

4. In accordance with paragraph 4 of Art. 90 of the Land Code, in order to ensure the activities of organizations and the operation of marine and inland water transport facilities, land plots may be provided:

1) to accommodate artificially created inland waterways;

2) for the placement of ports, berths, piers, hydraulic structures, other facilities necessary for the operation, maintenance, construction, reconstruction, repair of water transport facilities;

3) to highlight the coastline.

The coastline of inland waterways is allocated for work related to navigation and rafting on inland waterways, outside the territories of settlements. The exhaustive List of inland waterways was approved by Decree of the Government of the Russian Federation of December 19, 2002 N 1800-r (as amended on May 5, 2008) .
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SZ RF. 2002. N 51. Art. 5130; 2005. N 28. Art. 2890.

In accordance with Art. 10 of the Code of Inland Water Transport of the Russian Federation within inland waterways located outside the territories of urban settlements, organizations of inland water transport have the right to use free of charge for work related to navigation, the coastal strip - a strip of land 20 m wide from the edge of the water deep into the coast at an average annual water level on free rivers and normal water levels on artificially created inland waterways. On a coast with a slope of more than 45 degrees, the coastline is defined from the edge of the coast deep into the coast. Special conditions for the use of the coastal strip are established by the Government of the Russian Federation.

Organizations of inland water transport are exempted from paying for the land plots they occupy, including for land covered with water and artificially created land plots (“filled territories”) during the construction of hydraulic structures and the creation of protected zones of communication lines. These organizations have the right:

a) use the coastal strip for carrying out work to ensure navigation and the construction of buildings, structures and structures for these purposes;

b) install coastal aids to navigation on the coastline;

c) carry out felling of trees and shrubs growing on the coastal strip to ensure the safety of navigation, including the visibility of coastal aids to navigation and geodetic justification when surveying sections of river beds;

d) use free of charge soil, stone, gravel, trees and shrubs located within the coastal strip;

e) permit the construction of temporary facilities for mooring, mooring and parking of ships and other floating objects, loading, unloading and storage of cargo, boarding and disembarking passengers from ships;

f) permit the construction of temporary structures and other necessary work in cases of unforeseen wintering of ships or transport accidents with ships.

Persons using the shoreline for temporary work, after their completion, are obliged to clean the shoreline and equip it.

It is not allowed to use the coastline for carrying out activities if such activities are incompatible with ensuring the safety of navigation. Installation on the coastline of any permanent lights directed towards the ship's passages, with the exception of navigational lights, is prohibited. Owners of temporary lights must coordinate their installation with the basin state authority on inland waterway transport and ensure that such lights are protected from the side of the ship's passages.

The right to use the coastline by inland water transport organizations does not apply to: specially protected natural areas; territories of hydraulic structures; land plots on which reclamation facilities are located; right of way of roads and railways; land plots fortified with special structures, and on other lands provided for by land legislation.

The allocation of land plots located within the coastal strip, the construction of any buildings, structures and structures on them are carried out in the manner prescribed by law, in agreement with the basin government bodies for inland water transport. It is prohibited to leave unattended ships and structures on the coastline that have a negative impact on the state of the coastline and (or) impede its use.

In connection with the introduction of the new VC from January 1, 2007, litigation is likely to be related to the determination of the belonging of the lands of individual water bodies to the lands of water transport or water fund.

5. According to paragraph 5 of Art. 90 of the Land Code, in order to ensure the activities of organizations and the operation of air transport facilities, land plots may be provided for the placement of airports, airfields, air terminals, runways, and other ground facilities necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings , buildings, structures, devices and other objects of air transport.

The Air Code of the Russian Federation of March 19, 1997 N 60-FZ adds practically nothing new to the provisions of the Land Code on air transport lands.

6. In accordance with paragraph 6 of Art. 90 of the Land Code, in order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided:

1) for the placement of pipelines;

2) for the placement of facilities necessary for the operation, maintenance, construction, reconstruction, repair of pipeline transport facilities;

3) to establish security zones with special conditions for the use of land.

The boundaries of the security zones on which the objects of the gas supply system are located are determined on the basis of building codes and regulations, the rules for the protection of main pipelines, and other normative documents approved in the prescribed manner. On these land plots, during their economic use, it is not allowed to build any buildings, structures, structures within the established minimum distances to the gas supply system facilities. It is not allowed to interfere with the organization - the owner of the gas supply system or the organization authorized by it in the performance of maintenance and repair of gas supply system facilities, the elimination of the consequences of accidents and disasters that have arisen on them.

In the event of an accident or catastrophe at the facility of the gas supply system, the organization that owns such a system or the operating organization authorized by it has the right to unhindered delivery of the necessary forces and means to the place of the accident, catastrophe and are obliged to fully compensate the damage caused by them to the owner of the land plot on whose territory the delivery was carried out necessary manpower and resources.

The rules for the protection of gas distribution networks were approved by Decree of the Government of the Russian Federation of November 20, 2000 N 878. In accordance with them, the security zone along the routes of gas pipelines should exclude the possibility of their damage and, depending on the conditions for the passage of the gas pipeline, is at least 2 m on each side. The routes of underground gas pipelines are marked with identification marks, which are installed by construction organizations. The installation of signs is formalized by a joint act with the owners of the land plots along which the route passes.
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SZ RF. 2000. N 48. Art. 4694.

In order to prevent their damage or violation of the conditions of their normal operation, encumbrances are imposed on land plots included in the security zones of gas distribution networks, which prohibit:

a) build housing, civil and industrial facilities;

b) demolish and reconstruct bridges, collectors, roads and railways with gas distribution networks located on them without preliminary removal of these gas pipelines in agreement with operating organizations;

c) destroy bank protection structures, culverts, earthworks and other structures that protect gas distribution networks from destruction;

d) move, damage, fill up and destroy identification marks, control and measuring points and other devices of gas distribution networks;

e) arrange dumps and warehouses, spill solutions of acids, salts, alkalis and other chemically active substances;

f) fence off and block off security zones, prevent the access of personnel of operating organizations to gas distribution networks, maintenance and repair of damage to gas distribution networks;

g) make fire and place sources of fire;

h) dig cellars, dig and cultivate the soil with agricultural and reclamation tools and mechanisms to a depth of more than 0.3 m;

i) open the gates and doors of gas control points, cathodic and drainage protection stations, hatches of underground wells, turn on or off the power supply of communications, lighting and telemechanics systems;

j) throw, attach and tie foreign objects, ladders to supports and above-ground gas pipelines, fences and buildings of gas distribution networks, climb on them;

k) arbitrarily connect to gas distribution networks.

These encumbrances are subject to state registration in the Unified State Register of Rights to Real Estate and Transactions Therewith.

Works that do not fall under the above restrictions are carried out by the owners of land plots in the gas distribution network security zone, subject to prior written notification to the operating organization at least three working days before the start of work. Such work is carried out on the basis of a written permission from the operating organization of gas distribution networks.

The operating organizations of gas distribution networks, subject to the prior written notification sent to the owners of land plots located in the protected zones, have the right to carry out the following works in the protected zones:

a) maintenance, repair and diagnostics of gas distribution networks;

b) arrangement at the expense of organizations - owners of gas distribution networks of roads, entrances and other structures necessary for the operation of networks on conditions agreed with the owners of land plots;

c) earthworks carried out in order to determine the technical condition of gas distribution networks or their repair;

d) clearing the routes (clearings) of gas pipelines from trees and shrubs in the presence of a logging ticket.

When passing the security zones of gas distribution networks through forests and tree and shrub vegetation, operating organizations of gas distribution networks are obliged at their own expense:

b) create mineralized strips along the borders of clearings with a width of at least 1.4 m;

c) to arrange crossings for fire-fighting equipment every 5-7 km.

In order to provide access to the security zone of the gas distribution network, the operating organization, if necessary, concludes temporary use agreements or easement agreements with the right holders of adjacent land plots. Works to prevent accidents or eliminate their consequences on gas pipelines can be carried out by the operating organization of the gas distribution network at any time of the year without the consent of the land owners, but with notification of them about the work being carried out.

Persons conducting economic activities on land plots located in the security zone of the gas distribution network are obliged to take all measures in their power to contribute to the safety of the network, and not to impede the access of the technical personnel of the operating organization to the gas distribution network. In the case of the passage of the gas distribution network through the territory of prohibited zones and special facilities, the personnel of the operating organization are issued passes (permits) to access the network at any time of the day without charging a fee.

The establishment of security zones of gas distribution networks does not entail a ban on transactions with land plots located in these security zones. The documents certifying the rights to land plots located in the security zones of gas distribution networks indicate the relevant restrictions (encumbrances).

Some conditions for the use of land are also contained in the Rules for the Protection of Main Pipelines, approved by the Decree of the Gosgortekhnadzor of Russia dated April 22, 1992 N 9, and the Rules for the Use of Forests for the Construction, Reconstruction, Operation of Power Transmission Lines, Communication Lines, Roads, Pipelines and Other Linear Facilities, approved Order of the Ministry of Natural Resources of Russia dated April 17, 2007 N 99.
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BNA. 2007. No. 22.

7. The procedure for reserving land for the construction and reconstruction of transport facilities (clause 7 of the commented article) is established by the Federal Law on land reservation.

Article 90 of the Land Code of the Russian Federation establishes the basis for the use of transport land. The objects of the transport systems of the Russian Federation occupy significant land areas of the state. The legal regime of these lands, first of all, depends on the type and purpose of transport communications. In Russia, there are such main types of transport as road, rail, air, pipeline, water.

The functioning of transport systems in the Russian Federation is regulated by transport legislation, which is formed both at the federal level and at the level of the constituent entities of the Russian Federation and at the local level. These normative acts may determine the specifics of the use of transport lands, as well as the legal regime of protected zones. It should be noted that the legal regime of transport lands is regulated, in comparison with other lands of this category, in sufficient detail.

Thus, the Federal Law of March 31, 1999 No. 69-FZ “On Gas Supply in the Russian Federation” (as amended on August 22, 2004) establishes that land plots for the construction, operation and repair of gas supply system facilities are transferred to organizations - owners of gas supply systems in the manner determined by the land legislation of the Russian Federation.

Protected zones with special conditions for the use of such land plots are established on land plots classified as transport lands. The boundaries of the security zones of gas supply system facilities are determined on the basis of building codes and regulations, rules for the protection of main pipelines, and other regulatory documents approved in the prescribed manner. The owners of these land plots, in the course of their economic use, cannot build any buildings, structures, structures within the established minimum distances to the objects of the gas supply system without the consent of the organization - the owner of the gas supply system or an organization authorized by it; such owners do not have the right to obstruct the organization - the owner of the gas supply system or the organization authorized by it in the performance of maintenance and repair of gas supply system facilities, the elimination of the consequences of accidents and disasters that have arisen on them.

Federal Law No. 153-FZ of August 25, 1995 “On Federal Railway Transport” (as amended on January 10, 2003) establishes rules for the use of land to ensure the functioning of railways. At the same time, the lands of railway transport are lands of federal significance, provided to its enterprises and institutions for the implementation of special tasks assigned to them. Railway transport lands include lands allocated for railway tracks and stations (including the right of way), as well as for protective and fortifying plantings, structures, buildings, structures and other objects necessary for the operation and reconstruction of railways, taking into account the prospects for their development.

For purposes of a temporary nature, enterprises and institutions of railway transport may be provided with land on a lease basis.

The procedure for the use of railway transport lands within the right of way is determined by the federal executive body in the field of railway transport, taking into account the requirements of the land legislation of the Russian Federation.

The size of land plots (including the right of way) are determined in accordance with the norms approved in the established manner, design estimates and general schemes for the development of railway lines and stations, and the allocation of land plots is carried out taking into account the sequence of their development in accordance with the land legislation of the Russian Federation.

Railway transport lands must comply with urban planning and environmental requirements established by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, sanitary and other standards.

In order to ensure the safety of the population and the normal operation of railways and other railway transport facilities (including from industrial facilities and other modes of transport) located on federal lands in places prone to landslides, collapses, erosion, mudflows and other dangerous impacts, security zones are established.

The procedure for establishing buffer zones, their size, and the mode of use of land allocated for these purposes are established by the Government of the Russian Federation. In addition, Art. 135 of the Tax Code of the Russian Federation, it is established that tree and shrub vegetation located on the lands of railway transport is intended to protect railway lines from adverse natural phenomena, prevent environmental pollution, and reduce the noise impact of railway transport.

The use of land for inland water transport is regulated by the Code of Inland Water Transport of the Russian Federation dated March 7, 2001 No. 24-FZ (as amended on June 29, 2004) . According to this Code, within inland waterways located outside the territories of urban settlements, inland water transport organizations have the right to use for work related to navigation, the coastal strip - a strip of land 20 m wide from the edge of the water deep into the coast at an average annual water level on free rivers and normal water levels in artificially created inland waterways. On a coast with a slope of more than 45 degrees, the coastline is defined from the edge of the coast deep into the coast. Special conditions for the use of the coastal strip are established by the Government of the Russian Federation.

When applying regulations governing the use of transport lands, attention should be paid to the fact that the grounds for granting and the rights on the basis of which persons use these lands are currently determined by the RF LC. So, in accordance with the provisions of Art. 20 and other articles of the Land Code of the Russian Federation, many users of transport land cannot use land on the right of permanent (unlimited) use.

Based on Art. 27 of the Land Code of the Russian Federation, state or municipally owned lands provided for the needs of transport organizations, including sea and river ports, railway stations, airfields and airports, facilities for navigation support of air traffic and navigation, terminals and terminal complexes in the zones of formation of international transport corridors, limited in circulation.

Legal regime of land for road transport

To ensure the activities of organizations and the operation of road transport facilities and road facilities, in accordance with paragraph 3 of Art. 90 LC, land plots may be provided for:

placement of roads, their structural elements and road structures;

placement of bus stations and bus stations, other road transport facilities and road facilities necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices;

establishment of right-of-way roads.

Land plots on the right of way of roads within the lands of road transport can be transferred in accordance with the procedure established by the Land Code for rent to citizens and legal entities, placement of road service facilities and outdoor advertising.

On the right of way of motor roads, with the exception of cases provided for by law, the following 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; plowing of land plots mowing grass, felling and damaging perennial plantings, removing sod and excavating soil; installation of outdoor advertising, information boards and signs that are not related to road safety. Sheinin L.B. Land law of Russia. - M., 2007.

Railway right of way - land plots adjacent to railway tracks, land plots intended for the placement of railway stations, drainage and strengthening devices, protective forest belts along railway tracks, communication lines, power supply devices, industrial and other buildings, structures, structures, devices and other objects of railway transport.

In order to create normal operating conditions for federal highways and their safety, to ensure traffic safety requirements and public safety requirements, roadside lanes are created in the form of land plots adjacent to the right of way of federal highways on both sides with the establishment of a special regime for their use, including the construction of buildings, structures and structures, restriction of economic activity within roadside lanes, installation of billboards and posters that are not related to traffic safety.

Owners of land plots, land users, landowners and tenants of land plots located within such roadside lanes must be notified by the relevant executive authorities of the constituent entities of the Federation about the special regime for the use of these land plots.

The regulation on transport lands includes road facilities, lands occupied by roads and buildings and structures directly adjacent to them, as well as structures and devices for energy, garage, gasoline distribution facilities, bus stations and bus stations and other structures. The main part of the lands of highways is the right of way.

A special regime of land use is established in the roadside lanes of motor roads. Decree of the Government of the Russian Federation of December 1, 1998 No. 1420 approved the Rules for the establishment and use of roadside lanes of federal public roads of the NW RF. 1998. No. 49. Art. 6059; 2000. No. 6. Art. 776. .

A special regime for the use of land within roadside lanes provides for a number of restrictions on the implementation of economic activities within these lanes in order to create normal conditions for the operation of roads and their safety, to ensure the requirements of traffic safety and public safety.

Owners, owners, users and tenants of land plots located within the roadside must be notified by the relevant executive authorities of the constituent entities of the Russian Federation about the special regime for the use of these lands. Land plots within roadside lanes are not withdrawn from their owners, owners, users and tenants.

Control over the placement of objects within the roadside lanes and compliance with the requirements of these Rules is carried out by specially authorized executive authorities of the constituent entities of the Russian Federation, the authorities entrusted with the management of federal public roads, as well as the traffic police of the Ministry of Internal Affairs of Russia.

The width of each roadside lane is differentiated depending on the category of the federal highway and taking into account the prospects for its development. Within the boundaries of settlements, the size of the roadside for existing federal highways is set to the border of the existing development, but not more than 50 m. The borders of roadside lanes are designated by the federal highway authorities.

The main limitation of the rights of owners, owners, users and tenants of land plots is that within the roadside it is prohibited to build capital structures (structures with a service life of 10 years or more), with the exception of road service facilities, traffic police facilities of the Ministry of Internal Affairs of Russia and road service facilities .

Owners, owners, users and tenants of land plots located within roadside lanes have the right to carry out economic activities on these land plots, subject to the restrictions established by the Rules; to build objects permitted by the Rules on the land plots provided to them; receive information about the repair or reconstruction of the federal highway. Zharikov Yu.G., Sheinin L.B., Sivakov O.V. Land Law: Textbook. -- M., 1995

Owners, owners, users and tenants of land plots located within roadside lanes have the following obligations: to comply with the rules for the use of land within roadside lanes, as well as environmental safety standards; not cause harm to the federal highway, comply with the conditions for the operation of the highway and traffic safety; provide access to the land plots belonging to them for representatives of the federal highway management body, as well as timely fulfill the instructions issued by them; coordinate with the federal highway management authority and the traffic police the provision of land plots within roadside lanes, as well as the construction of buildings and structures on such land plots belonging to them; in cases stipulated by the Rules, to demolish and transfer non-permanent buildings and structures erected on land plots.

In cases of erection of facilities in violation of the Rules within the roadside lanes, buildings and structures are recognized in accordance with the established procedure as unauthorized construction, and measures are taken against those who built them, provided for by the legislation of the Russian Federation.

For violation of the Rules, owners, owners, users and tenants of land plots located within roadside lanes may be held liable in the manner prescribed by law.

On these land plots, during their economic use, it is not allowed to build any buildings, structures, structures within the established minimum distances to the gas supply system facilities. Zharikov Yu.G. Land Law of Russia: Textbook. - M., 2006

It is not allowed to interfere with the organization, the owner of the gas supply system or the organization authorized by it, in the performance of maintenance and repair of gas supply system facilities, the elimination of the consequences of accidents and disasters that have arisen on them (clause 6, article 90 of the Land Code).

Protected zones with special conditions for the use of such land plots are established on land plots classified as transport lands.

State regulation in the field of road transport

State regulation in the field of public road transport is carried out in order to: ensure a balance of interests of the state ...

Land law

The legal regime of lands of settlements is the procedure for the use and protection of land plots within the boundaries of a settlement established by the norms of land, town planning and other legislation ...

Land legal relations

One of the categories of land established by the Land Code of the Russian Federation is agricultural land. Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on September 28, 2001) (as amended on December 27, 2009) // Collection of Legislation of the Russian Federation, - October 29, 2001. - No. 44...

Lands of transport

In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided for: placement of railway tracks; placement, operation...

Lands of transport according to the legislation of the Republic of Belarus

Transport lands include plots provided to transport enterprises and organizations to perform the tasks assigned to them for the operation, maintenance, construction, reconstruction, repair ...

International cooperation in the field of land use and protection. Legal regime of water fund lands

In accordance with the Land Code, the lands of the water fund include lands occupied by water bodies, as well as land plots provided for water management, including for the placement of water facilities and devices ...

Methodology for maintaining a cadastre of lands occupied by roads using land information systems

The objects of the transport systems of the Russian Federation, regions and municipalities occupy significant land areas, about 700 thousand hectares. Their legal regime depends on the type and purpose of transport communications ...

Procedure for Investigation of Accidents and Incidents in Transport

Road transport is now the most common mode of transport. Road transport is younger than rail and water transport, the first cars appeared at the very end of the 19th century ...

Ownership of land and the right to use forests

Legal regime of water fund lands

The procedure for the use and protection of lands of the water fund is regulated by the Land Code of the Russian Federation and water legislation ...

Legal regime of lands of settlements

The legal regime of the lands of settlements is a set of those contained in the land, environmental, urban planning and other legislation of the Russian Federation and its subjects ...

Agricultural lands are of paramount importance in the development of the Russian economy, they are the main area for the production of products for the population and raw materials for industry. The current law is usually...

Legal regime of agricultural land

Article 78 of the Land Code of the Russian Federation specifies the purposes of using agricultural land and lists the entities that have the right to use land of this category ...

Legal regime of agricultural land

A peasant (farm) economy is an association of citizens related by kinship and (or) property ...

Employed:

roads and buildings and structures directly adjacent to them (roadbed, bridges, signal, service and technical, etc.), drainage, protective, other artificial structures, parking and washing areas for rolling stock, protective forest plantations, structures at congresses and intersections of roads, industrial buildings, structures, bases, factories, quarries, service, residential and cultural premises and other facilities that have a special purpose for servicing the road sector;

structures and devices of energy, garage and petrol distribution facilities, bus stations and bus stations, linear production facilities, service and technical buildings, service stations, public gas stations, freight forwarding enterprises, car repair plants, depots, cargo yards, container and trailer sites, service, residential and cultural premises and other facilities that have a special purpose for servicing road transport ... "

Source:

Order of Rosreestr dated December 28, 2011 N P / 543

"On approval of the List of forms of state and departmental statistical reporting of the Federal Service for State Registration, Cadastre and Cartography, subject to collection and automated processing in 2012"

Official terminology. Akademik.ru. 2012 .

See what "Lands of road transport" is in other dictionaries:

Road transport lands- one of the types of land for industry and other special purposes. This type of land is used: for the placement of roads; placement of road service facilities, facilities intended for the implementation of road activities, ... ... Big Law Dictionary

GOST R 52456-2005: Global Navigation Satellite System and Global Positioning System. The receiver is individual for road transport. Technical requirements- Terminology GOST R 52456 2005: Global navigation satellite system and global positioning system. The receiver is individual for road transport. Technical requirements original document: 3.1. frequency band L: Band… …

LAND FOR NON-AGRICULTURAL SPECIAL PURPOSE- lands of industry, transport, communications, broadcasting, television, informatics and space support, defense and other purposes, provided by the relevant state executive authorities for use or lease ... ... Law Encyclopedia

transport land- transport land* Non-agricultural land provided in the prescribed manner for the construction, placement, operation and maintenance of railways and roads, inland water, sea, air and ... ... Technical Translator's Handbook

Lands of transport- 41. Transport lands* Non-agricultural lands provided in accordance with the established procedure for the construction, placement, operation and maintenance of railways and roads, inland water, sea, air and ... Dictionary-reference book of terms of normative and technical documentation

Lands of transport- land plots included in the industrial and other special purpose lands that are used or intended to ensure the activities of organizations and (or) the operation of automobile, marine, inland ... ... Big Law Dictionary

GOST 26640-85: Lands. Terms and Definitions- Terminology GOST 26640 85: Earth. Terms and definitions original document: 37. Mountain pasture Pasture located on the territory of the mountain system Definitions of the term from different documents: Mountain pasture 11. State land management * ... ... Dictionary-reference book of terms of normative and technical documentation

International Mother Earth Day- Below is the background information. International Mother Earth Day was proclaimed at the initiative of Bolivia at the 63rd session of the UN General Assembly on April 22, 2009. More than 50 co-sponsors of the resolution ... ... Encyclopedia of newsmakers

Pollution of the Earth's atmosphere- Atmospheric pollution from industrial emissions in Nizhny Novgorod ... Wikipedia

The land legislation clearly spells out for what purposes and how exactly certain lands, including lands allocated for transport, should be used.

The concept of transport lands

Transport land, according to Article 87 of the Land Code of the Russian Federation, is a separate category of land, the use of which is controlled by the state. A more detailed definition and legal regime of transport is described in Article 90 of the Land Code of Russia.

Transport lands are lands, the main purpose of which is the organization, use and operation to provide objects of various types of transport, as well as land relations arising in connection with their use.

Issues are regulated not only by the Land Code of Russia, but also by various subject federal laws, as well as the relevant laws of the subjects of the federation that are related to land use issues.

Types of transport, their characteristics

The concept of transport land implies the use of land for the following types of transport:

for communication by rail;
sea routes and sea spaces adjacent to the state;
for inland waterways;
for road traffic;
air Transport;
other modes of transport.

The legal regime of transport lands implies the use of land plots that are located outside settlements, but are or may be included in the territories they serve. According to the current legislation, lands, if this does not prevent their use for their intended purpose, can be leased for agricultural or other needs.

Railway transport lands are intended to be used for the following purposes:

for the placement and laying of railway tracks;
in order to establish allotment lands, as well as protected sections of railway tracks;
to accommodate all buildings and facilities related to rail traffic. These are railway stations, stations, crossings (ground and elevated), and other objects.

Railway transport lands, in accordance with the current legislation, must be used subject to the following regulatory legal acts:

town-planning purpose;
land regulations;
sanitary;
fire fighting;
environmental;
other acts providing for the exploitation of transport lands.

The legal regime of railway transport land implies the fact that land near the laid tracks and railway facilities is used for rent by individuals or legal entities. At the discretion of the municipality to which the transport lands belong, the land around them can be leased for the construction of a residential area or for any other needs.

At the same time, the use of leased lands should not interfere with the normal operation of transport lands and everything located on them.

Road transport lands can be used for the following purposes:

for the construction and operation of the roadway;
for the placement and use of automobile and road service facilities, as well as for the placement of road posts located in the department of the Department of the Ministry of Internal Affairs;
for the establishment and use of automobile land allotment. The latter can be leased for agricultural needs.

The lands of sea transport, as well as inland water transport, can be used for the following purposes:

for the allocation of the coastline, as well as its operation;
for the placement of facilities necessary for the maintenance and use of maritime transport. Such objects include seaports, berths, piers, technical structures and buildings, as well as other objects;
to accommodate artificial waterways.

The coastline, in accordance with the current legislation, is used to serve maritime transport, but this does not exclude the fact that some of its sections are leased to individuals or legal entities for their activities.

The legal regime of air transport land implies the allocation of land for the normal operation of air transport, its maintenance, placement of facilities and structures that are necessary for this.

For example, for the construction of terminals, airports, landing and take-off lines for aircraft, helicopters and other vehicles that fall under the category of aircraft.

Legal regime of pipeline transport lands

The lands allocated for gas supply are under special protection of the state. Therefore, the location, construction and unscheduled reconstruction of any objects that are not provided for by the norms of the current legislation are strictly prohibited.

The lands of pipeline transport can be used, according to Article 90 of the Land Code of Russia, exclusively for the following purposes:

In order to place on them (meaning ground construction) structures or buildings, as well as any other objects necessary for the use or laying of an oil pipeline, gas pipeline, as well as other types of pipeline facilities;
In order for them to be placed (only ground construction and operation is implied) structures and buildings that are needed for the correct operation of any type of pipeline.

Lands that are intended for transport of this type cannot be leased or indefinitely used to anyone (both individuals and legal entities), as well as for the needs of the state or municipality, which do not imply the use of pipeline transport.

The procedure governing the reservation of land for the construction and reconstruction of transport facilities

According to Article 70.1 of the Land Code of the Russian Federation, lands in the use of individuals, legal entities, municipalities and the state can be reserved for the construction or reconstruction of transport facilities on the grounds that are prescribed in Article 49 of the Land Code of Russia. Land can be withdrawn from the owners for temporary use with compensation or an appropriate replacement in kind (instead of one plot that is subject to reservation, they offer an equivalent one for temporary use).

Reservations have their own "expiration date". The legislation provides that land can be temporarily used for construction or reconstruction for no more than three years, and if these lands were previously owned by the state, but were used for other purposes, then for a period of no more than two years.

In addition, lands that belong to the state, but were not used for any purpose, were not leased or indefinitely used by individuals and legal entities for exploitation, can be reserved for the reconstruction or construction of transport facilities for up to 20 years.

At the same time, a change in the legal status of lands for the time of reservation is not provided. The order of reservation is established by the Government of the Russian Federation.

Prohibition to change the category of land provided for construction, reconstruction, overhaul of pipeline transport facilities

According to paragraph 8 of Article 90 of the Land Code of the Russian Federation, it is prohibited to transfer land to another category if they were provided for the construction / reconstruction or overhaul of those facilities that are intended for pipeline transport.

If all other transport lands may eventually acquire a different status (for example, be transferred from transport lands to agricultural lands), pipeline lands are deprived of this possibility.

This is due to the technically complex and practically dangerous exploitation of this type of land. Lands that are privately owned by individuals or legal entities may be forcibly withdrawn if this is required for the operation of pipeline transport (for example, the laying of such networks).

Those lands on which pipelines are located at the underground level do not require registration of ownership by the companies that serve and use them. However, the right to use land becomes limited: land cannot be sold, leased or used without the appropriate permission of executive authorities, state authorities or municipal authorities.