Documents, permission, approval of country ponds, lakes, and their "pitfalls". The farmer went to jail because of the pond on his plot Is it possible to dig a pond near the house
(Kalinovskiy Yu.)
("EZh-Jurist", 2011, N 17)
BUILDING A POND LEGALLY
Y. KALINOVSKII
Yuri Kalinovsky, practicing lawyer.
I want to dig a pond on my land. Do I need to get any permissions for this?
D. Krasnov, Uglich
Let's define what is meant by the word "pond". “A pond is an artificial reservoir dug to a depth of 3-5 m or created by building a dam in the valleys of small rivers, streams, on the territory of gullies or ravines. Usually a pond is a reservoir with an area of \u200b\u200bno more than 1 sq. km, which should have a sufficient steepness of the coast, a slight slope of the bottom and a bed resistant to erosion ”(Great Soviet Encyclopedia. M .: Soviet Encyclopedia, 3rd ed. 1969 - 1978).
Subparagraph 3, part 2, Art. 5 of the Water Code of the Russian Federation classifies the pond as a surface water body. They include natural or artificial reservoirs, watercourses or other objects in which the permanent or temporary concentration of water has characteristic forms and signs of the water regime (clause 4, part 1, article 1 of the RF VC). Under the water regime, one should understand the change in time of the level, flow and volume of water in a water body (clause 5, part 1, article 1 of the RF VK). It is the presence of these features that makes it possible to distinguish a pond as a water body from an artificial reservoir with water, the level of which is regulated by a person.
Land Code of the Russian Federation in sub. 3 p. 1 art. 40 of the Land Code of the Russian Federation allows the owner to carry out irrigation, drainage, cultural and other reclamation works in accordance with the permitted use, build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by law.
Thus, owners need to consider several important points:
- whether the permitted use of the land plot allows the construction of a pond;
- what environmental, construction, sanitary and hygienic and other special requirements should the future water body meet.
According to sub. 2, 3 p. 1 art. 40 of the Land Code of the Russian Federation, permitted use is the legal basis for the use by an individual or legal entity of a land plot, the construction of residential, industrial, etc. buildings and structures on it, the implementation of irrigation, drainage, etc. works closely related to the intended purpose of the land .
Owners of land plots are obliged to use the land plots for their intended purpose. It is also necessary to take into account the belonging of the site to a particular category of land and comply with the permitted methods of use, which should not harm the environment, including land as a natural object (clause 1, article 42 of the Land Code of the Russian Federation).
In accordance with Art. 81 of the Land Code of the Russian Federation, plots for dacha farming by citizens are located on agricultural land. A country plot of land is provided to a citizen or acquired by him for recreation. It is possible to build residential, utility buildings and structures on it, grow fruits, berries, vegetables, melons or other crops and potatoes (Article 1 of the Federal Law of 04/15/1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens" ).
Members of a horticultural, horticultural or dacha non-profit association can independently manage their land plots, also taking into account their permitted use and intended purpose, without causing damage to the land as a natural and economic object (Article 19 of the Federal Law of 15.04.1998 N 66-FZ).
The construction of buildings and structures in a dacha non-profit association is carried out in accordance with the project of its organization and development of the territory (clause 1, article 34 of the Federal Law of 15.04.1998 N 66-FZ). Control over this is carried out by the board of the association, as well as inspectors of state bodies, local governments.
The planning and development of the territories of horticultural associations of citizens should be carried out in accordance with building codes - SNiP 30-02-97 "Planning and development of the territories of horticultural associations of citizens, buildings and structures" (adopted and put into effect by the Decree of the Gosstroy of Russia dated September 10, 1997 N 18-51) .
So, clause 4.1 of SNiP 30-02-97 determines that the organization of the territory of a horticultural association must be consistent with the planning and development project for this territory approved by the local government administration. Such a project is a legal document binding on all members of the horticultural association. On the territory of common use, the planning and development project may provide for the creation of reservoirs for fire extinguishing, open reservoirs and special storage pits for irrigating horticultural crops.
The construction of a pond on an individual site entails changes to the planning and development project. In this case, their actions should be coordinated with the local government administration on whose territory the horticultural association is located (clauses 5.9, 8.3, 4.1 of SNiP 30-02-97 "Planning and development of the territories of horticultural associations of citizens, buildings and structures", adopted and put into effect by the Decree of the Gosstroy of Russia N 18-51).
The construction of the pond must take place in accordance with the developed and approved project documentation, meet the requirements of environmental legislation, construction, sanitary and hygienic and other special standards (subclause 3, clause 1, article 40 of the Land Code of the Russian Federation). In addition, it should be taken into account that the owners of land plots have the right, at their discretion, within their boundaries to carry out the construction of underground structures for their needs to a depth of 5 m, as well as the installation and operation of domestic wells and boreholes on the first aquifer, which is not a source of centralized water supply.
All work must be carried out in accordance with the procedure established by the relevant executive authorities of the constituent entities of the Russian Federation (Article 19 of the Law of the Russian Federation of February 21, 1992 N 2395-1 "On Subsoil").
If a pond has already been built on a summer cottage in violation of the established procedure and permitted use of land, then an administrative penalty may be imposed on the summer resident in the form of a warning or a fine for violating land legislation (clause 1, article 47 of the Federal Law of 04/15/1998 N 66-ФЗ ).
For the use of land not for the intended purpose, a citizen can also be fined. The size of the sanction is from 1000 to 1500 rubles. (Article 8.8 of the Code of Administrative Offenses of the Russian Federation).
It should be noted that since 2007, a pond may be owned by an individual (part 2 of article 8 of the Civil Code of the Russian Federation; paragraph 2 of article 261 of the Civil Code of the Russian Federation). Its alienation without alienation of the land plot within which it is located is not allowed. In addition, such a land plot is not subject to division if, as a result, a division of the pond is required (part 4, article 8 of the RF CC).
——————————————————————
In the process of creating a pond at your own dacha, many questions arise, and general recommendations are indispensable. Let's consider these questions.
How to make a natural pond?
First, let's define what is meant by this phrase:
How to choose a place and what to provide:
- distance from trees, tall shrubs. Water should not clog leaves, branches;
- good lighting, direct rays of the sun throughout the daylight hours are unacceptable;
- correctly positioned in the lowland so that rainwater does not spill over the territory, but flows into the pond;
- the site is chosen flat, with a slight slope.
What to consider so that the reservoir is “alive” and does not rot:
Making a pond
A properly made pond occupies at least a 10th part of the site. Deep - weakly warms up and simply dangerous, shallow - blooms. On the forums of summer residents, they recommend the optimal size of the reservoir 2.5 - 3 m in diameter, 1.5 depth. The pit is dug by hand or with the help of machinery. Next is waterproofing.
Ecopond - involves natural waterproofing, called clay castle. Only this natural material contributes to the life of a living ecological system. This is a good way to make a film-free pond:
How to make a small pond?
There are several simple ways to arrange miniature reservoirs on the site. 
Since the shape is a wave-like configuration, transitions are taken into account during instillation. Special steps are made, one wider than the other. After installation, the voids are filled with earth.
The form is set slightly above ground level, a layer of sand of about 20-30 cm is poured under it, but first they make markings on the ground. Then you can start digging a pit. How to do this is clearly visible in the figures below.
How to make a big pond
- At first mark the contours. For an irregular shape, a regular rope is suitable; for a rectangle, square - pegs are hammered, a twine is pulled between them.
- Digging a pit with an excavator. You can calculate its dimensions using the formula for calculating the volume of a truncated cone. This can easily be done on a site like fxyz.ru. It is only necessary to substitute the numbers in the desired line.
- Further - align the walls of the dug bowl and make them flat. Provide terraces around the perimeter of the reservoir. They do not allow the earth to crumble, serve as convenient steps when laying waterproofing. In the future, they will be useful in the design of the pond.
Important! In the bowl of the pit, three zones are provided: deep, 1.8-2.0 meters, (below the freezing level of the earth). She is prepared so that she successfully winters. Medium - for plants. Small - in summer such places warm up well, fry, living creatures accumulate here, microflora multiplies.
If you are digging a swimming pond, you do not need to deepen the bottom, it is made even.
Next you need:
- remove stones, snags from the bottom;
- prepare waterproofing material.
The company "Landscape Constructions" recommends that you first fill the bottom with sand, lay it on top geotextile. 
Among the existing options for waterproof coatings, usually choose butyl rubber film. The main argument is durability. She serves up to 20 years.
Laying out the film
How else can you waterproof a pond?
For your information! In specialized stores, you can buy a ready-made plastic mold for a reservoir of 1000 liters or more.
How to build a dam?
A pit is not required for a pond, it is enough to make a dam using a stream or a catchment area where water flows. Running water fills the reservoir constantly. Block it in the narrowest place. First, a ditch is dug, the bottom is laid out with greasy clay, and it is rammed. Then they build a wall of clay, deepen into the bottom and edges of the ravine. The crest of the dam is raised a meter above the future water level, the rapids are made steep. 
Dams are built from natural materials: stone, gravel, logs, sometimes they are concreted. The base is supposed to be wide so that the structure can withstand water pressure.
When building such structures, remember about floods, consider water drainage in extreme situations.
The embankment is covered with a width of half a meter to 4, with a height of at least 0.5 m. The dam is filled only after the dam has settled.
Concrete dam. It is reinforced with rods, a corner, a steel mesh. For concreting, waterproof cement is used, liquid glass, PVA glue are added. 
If there is a ravine
The ravine next to the site, along the bottom of which a stream flows and overflows in high water, can be turned from a potential enemy into a friend and helper. The ravine is blocked from coast to coast by an embankment. In front of it, rain, spring, or river water gradually accumulates, a water surface is formed.
Here is a similar positive experience step by step:
- Dig a bypass, temporarily direct a stream into it so as not to interfere with work.
- Make shields from boards, cover them with a film, on top - roofing material.
- Make gaps in the ravine, insert shields into them, lay out a dam from stones.
- The bottom of the proposed pond cover with clay, compact, lay a layer of sand on top, level. At the end of the pond lay out with a film, the walls - with a stone.
- In order to keep the water at a certain level, set overflow pipe. Excess water goes further along the diversion channel, into the ravine. To avoid silting, a sump is dug just above the course of a natural stream.
Such a water oasis practically does not require costs, it will avert the threat of flooding, decorate the place of rest. 
How to make sure that the pond does not freeze in winter?
In autumn, especially tender and valuable plants are removed from the pond, and ornamental fish are moved to the aquarium. The pond will freeze at low temperatures, it is impossible to counteract nature, but it is possible to facilitate the wintering of fish in the reservoir, to ensure the flow of oxygen. 
- Reeds, cattail placed vertically. Oxygen through the hollow stems penetrates into the water.
- Styrofoam, bundles of straw on water will slow down freezing.
- Do products, pouring boiling water over ice.
- In severe frosts cover insulation (straw, burlap, roofing material). Such flooring cannot be kept for a long time, natural light is needed. A wooden or foam box is placed above the hole, an incandescent lamp is hung, the hole does not freeze.
Used here floating aerator, however, its action is effective only at low sub-zero temperatures. 
Pond from a quarry
Such reservoirs are called quarry ponds or gravel pits. Usually these are old neglected quarries in which peat or stone was mined. The water in them stagnates, fish is found, mainly, a trifle. Used for breeding fish when it is possible to provide a constant flow of water. Specialized farms on quarry ponds produce up to 2 centners of fish per hectare. Such reservoirs are of interest to entrepreneurs. 
If there is a well
The easiest way is to feed the reservoir from the well. Here is such a scheme, with the help of which a good idea was realized, the owner of such a pond shared at the dacha forum. Water performs a cycle, its consumption is small.
- Water from the pond flows to the filter. In this case, it performs the function of a skimmer.
- The water cleared of debris falls into the waterfall that oxygenates the water. The pump in the well turns on only when there is a need to raise the water level.
- The relay works, turns on the pump in the well, water enters the pond, fills it up to the required level. Next comes the filter's turn. All mechanisms enter in turn. Such a scheme automatically maintains the water level necessary for the operation of the filter and waterfall.
How to make a flowing pond
The bridge as a decoration of the reservoir
Straight, curved, hanging over the water surface - the bridge can be anything. Wood, concrete, stone, metal and their combinations are suitable for structures. Even the smallest bridge will enliven the site, become a continuation of the path, add an unusual line to the landscape. 
A simple bridge is easy to make:
pond filter
Alexander Pizanets tells how to make a filter for a pond in the video below.
Hello. On lands of the agricultural category, the construction of a pond can be quite problematic.
Question: On changing the type of permitted use of a land plot from the composition of agricultural land during the construction of a digging pond on this land plot.
Answer:
LETTER
dated November 16, 2011 N D23-4740
The Department of Real Estate of the Ministry of Economic Development of Russia considered the appeal on the issue of changing the type of permitted use during the construction of a pond on a land plot from the composition of agricultural land and reports the following.
According to paragraph 2 of Art. 77 of the Land Code of the Russian Federation, agricultural land includes agricultural land, land occupied by on-farm roads, communications, forest plantations designed to protect land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, buildings, structures used for the production, storage and primary processing of agricultural products.
In accordance with paragraph 1 of Art. 40 of the Land Code of the Russian Federation, the owner of a land plot has the right to build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by law.
As a general rule, the permitted use of land plots is determined by the urban planning regulations contained in the rules for land use and development (clause 9, article 1, clauses 2 and 6 of article 30 of the Town Planning Code of the Russian Federation).
At the same time, town planning regulations that determine the permitted use of land plots are not established for certain categories of land, including for agricultural land as part of agricultural land (clause 6, article 36 of the Town Planning Code of the Russian Federation).
The use of land plots that are not subject to town planning regulations or for which town planning regulations are not established is determined by the authorized federal executive bodies, the authorized executive bodies of the constituent entities of the Russian Federation or the authorized bodies of local self-government in accordance with federal laws (clause 7 of article 36 Town Planning Code of the Russian Federation).
At the same time, it should be noted that the procedure for making a decision to change the permitted use of land plots that are not subject to urban planning regulations or for which urban planning regulations are not established is currently not defined by federal legislation.
In this regard, we note that since, in accordance with Art. 72 of the Constitution of the Russian Federation, the issues of ownership, use and disposal of land are in the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, then according to paragraph 2 of Art. 3 of the Federal Law of 06.10.1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" the subjects of the Russian Federation have the right to exercise their own legal regulation on subjects of joint jurisdiction until the adoption of the relevant norms of federal legislation.
In addition, according to paragraph 4 of Art. 79 of the Land Code of the Russian Federation, a ban on the use of land plots from agricultural land for other purposes can be established only in relation to especially valuable productive agricultural land, the cadastral value of which significantly exceeds the average level of cadastral value for a municipal district (urban district).
Thus, according to the Department of Real Estate, before the federal legislation establishes a procedure for changing the permitted use of agricultural land, a change in the permitted use of land for the construction of a digging pond can be carried out in accordance with the decision of the head of the local administration in accordance with paragraph 3 of part 1 of Art. 4 of the Federal Law of December 29, 2004 N 191-FZ "On the Enactment of the Town Planning Code of the Russian Federation".
Deputy Director
Real Estate Department
M.V. BOCHAROV
16.11.2011
Question: About the absence of the need to obtain a permit for the construction of a pond on a land plot from the composition of agricultural land.
Answer:
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
LETTER
dated August 17, 2011 N OG-D23-962
The Department of Real Estate of the Ministry of Economic Development of Russia considered the appeal on the construction of a pond on a land plot from the composition of agricultural land and reports the following.
According to paragraph 1 of Art. 40 of the Land Code of the Russian Federation, the owner of a land plot has the right to build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by law.
At the same time, a pond is a unity of a water body and a land plot, in connection with which, for example, its alienation is not allowed without the alienation of the land plot within which it is located (parts 2 and 3 of article 8 of the Water Code of the Russian Federation).
Accordingly, the pond is part of the land and therefore is owned by the owner of the land (parts 2 and 3 of article 8 of the Water Code of the Russian Federation).
Given the above, we inform you that if the pond is created only by excavation, such as digging ponds, then a building permit is not required.
If the formation of a pond requires the construction of a hydraulic structure, then a permit must be obtained for the construction of these structures, but not the water body itself.
A building permit is issued in the manner prescribed by Art. 51 of the Town Planning Code of the Russian Federation.
Director
Real Estate Department
A.I.IVAKIN
17.08.2011
Question: What documents does an organization need to collect in order to obtain permission to create a pond on the territory of agricultural land owned by it for fish farming?
Answer: In accordance with Art. 10 of the Federal Law of 03.08.1995 N 123-FZ "On breeding livestock" (hereinafter - Law N 123-FZ), land plots provided to citizens - members of a peasant (farm) economy and legal entities for the breeding and use of breeding animals, refer to agricultural lands (use). The rights to land plots, the procedure for granting and the mode of use of land plots, the establishment of security zones on these plots are determined by the legislation of the Russian Federation.
Paragraph 1 of Art. 78 of the Land Code of the Russian Federation, it is determined that agricultural land can be used for agricultural production, the creation of protective forest plantations, research, educational and other purposes related to agricultural production.
In accordance with Art. 77 of the Land Code of the Russian Federation, agricultural lands are recognized as lands located outside the boundaries of a settlement and provided for the needs of agriculture, as well as intended for these purposes. As part of agricultural land, agricultural land, land occupied by on-farm roads, communications, forest plantations intended to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products.
Article 4 of Law N 123-FZ establishes that the legislation of the Russian Federation in the field of breeding livestock regulates relations in the field of breeding breeding animals, production and use of breeding products (material) in all sectors of animal husbandry, including poultry farming, fur farming, fish farming and beekeeping. Relations in the field of breeding and use of wild animals and domestic animals that are not agricultural breeding animals are regulated by other legislation of the Russian Federation.
Subparagraph 3 of paragraph 1 of Art. 40 of the Land Code of the Russian Federation provides that the owner of a land plot has the right to build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by law.
In accordance with paragraph 3 of part 2 of Art. 5 of the Water Code of the Russian Federation, ponds are water bodies.
Part 2 of Art. 8 of the RF VC establishes that a pond, a watered quarry, located within the boundaries of a land plot owned by a subject of the Russian Federation, a municipality, an individual, a legal entity, are respectively owned by a subject of the Russian Federation, a municipality, an individual, a legal entity unless otherwise provided by federal laws.
According to Art. 31 of the VK RF, the state water register is a systematized set of documented information about water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, the property of individuals, legal entities, their use, river basins, basin districts. In the state water register, state registration of water use agreements, decisions on granting water bodies for use, transfer of rights and obligations under water use agreements, as well as termination of a water use agreement is carried out. The state water register includes documented information: on water management systems; on the use of water bodies, including water consumption and sanitation; on other documents on the basis of which the right of ownership to water bodies or the right to use water bodies arises.
By virtue of clause 5 of the Regulations on the maintenance of the state water register, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 253, and clauses. 5.5.1 of the Regulations on the Federal Water Resources Agency, approved by Decree of the Government of the Russian Federation of June 16, 2004 N 282, the register is maintained by the Federal Water Resources Agency in accordance with the water legislation and the legislation of the Russian Federation on information, information technologies and information protection.
In accordance with paragraphs. "l" p. 12 of the Regulations on the maintenance of the state water register information to the Federal Agency for Water Resources on objects of fishery purposes is received through the Federal Agency for Fisheries.
Subparagraph 5.5.14 of the Regulations on the Federal Fisheries Agency, approved by Decree of the Government of the Russian Federation of June 11, 2008 N 444, establishes that the Federal Fisheries Agency coordinates the placement of economic and other facilities, as well as the introduction of new technological processes that affect the state of aquatic biological resources and their habitat.
According to clause 3 of the Rules for approving the placement of economic and other facilities, as well as the introduction of new technological processes that affect the state of aquatic biological resources and their habitat, approved by Decree of the Government of the Russian Federation of July 28, 2008 N 569 (hereinafter referred to as the Rules), a legal entity or an individual an entrepreneur planning the placement of economic and other facilities or the introduction of new technological processes that affect the state of aquatic biological resources and their habitat (hereinafter referred to as the applicants), submit an application to the Federal Agency for Fisheries or its territorial bodies for approval of the placement of economic and other facilities or the introduction new technological processes affecting the state of aquatic biological resources and their habitat. Based on paragraph 4 of the above Rules, the application shall indicate:
a) information about the applicant:
full and abbreviated name, legal form and location - for a legal entity;
surname, name, patronymic, place of residence and details of an identity document - for an individual entrepreneur;
b) the area where economic and other facilities are located.
In accordance with clause 5 of the Rules, the application shall be accompanied by:
a) duly certified copies of constituent documents and an extract from the Unified State Register of Legal Entities - for a legal entity;
b) an extract from the Unified State Register of Individual Entrepreneurs - for an individual entrepreneur;
c) documentation justifying the placement of economic and other facilities or the introduction of new technological processes, including pre-project documentation, project documentation and draft technical documentation;
d) data on the assessment of the impact of the planned activity on the state of aquatic biological resources and their habitat, taking into account the fishery significance of water bodies;
e) information on planned measures to prevent and reduce the negative impact on aquatic biological resources and their habitat, on compensation for harm (damage compensation) in accordance with the requirements of the legislation of the Russian Federation on fishing and the conservation of aquatic biological resources and the legislation of the Russian Federation in the field of protection environment.
Thus, in order to obtain permission to create a pond on the territory of agricultural land for fish farming, an organization must submit the documents specified in paragraph 3 of the Rules to the Federal Fisheries Agency.
E.V. Sosnov
Ministry of Finance of Russia
23.11.2009
Only the Rules for coordinating the placement of economic and other facilities, as well as the introduction of new technological processes that affect the state of aquatic biological resources and their habitat, approved by Decree of the Government of the Russian Federation of July 28, 2008 N 569, have become invalid.
At the moment, the Rules for the approval by the Federal Agency for Fisheries of the construction and reconstruction of capital construction projects, the introduction of new technological processes and the implementation of other activities that affect aquatic biological resources and their habitat are in force (approved by Decree of the Government of the Russian Federation of April 30, 2013 N 384 )
