Land law. Lands for environmental purposes (most important)

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Land law. Lands for environmental purposes (most important)

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84. LANDS OF ENVIRONMENTAL PURPOSE

Special legal regime of land use environmental purposes is established by federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments.

The legal regime of environmental lands is associated with restrictions or prohibitions on those types of activities that are incompatible with the main purpose of environmental lands. The peculiarity of regulating the use of such lands is that limited economic activity is allowed on lands designated for environmental protection, subject to the established regime for protecting these lands. Land plots within environmental lands are not withdrawn or purchased from land owners, land users, landowners and land tenants.

Lands of nature protection purpose include lands:

1) prohibited and spawning protection zones;

2) occupied by protective forests provided for by forest legislation (with the exception of protective forests located on forest fund lands, lands of specially protected areas);

3) other lands performing environmental functions. Individual forests may be classified as protective forests, which will entail the application of the relevant provisions of the Forest Code of the Russian Federation to them. Protective forests are subject to development in order to preserve the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests with the simultaneous use of forests, provided that this use is compatible with the intended purpose of protective forests and the useful functions they perform.

In forests that perform the functions of protecting natural and other objects, clear cutting of forest plantations is prohibited, with the exception of cases of selective felling, and cases of establishing the legal regime of zones with special conditions for the use of territories in which the corresponding forests are located. Selective felling is carried out only for the purpose of cutting down dead and damaged forest plantations.

On lands designated for environmental protection, limited economic activity is permitted subject to the established regime for the protection of these lands in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments.

Legal entities in whose interests land plots with special conditions of use are allocated are required to mark their boundaries with special information signs.

Within the boundaries of environmental lands, a special legal regime for the use of lands is introduced, limiting or prohibiting activities that are incompatible with the main purpose of these lands. Plots within these lands are not seized or purchased from plot owners, land users, landowners and land tenants.

In the places of traditional residence and economic activity of indigenous peoples of the Russian Federation and ethnic communities, in cases provided for by federal laws on indigenous peoples, territories of traditional environmental management of indigenous peoples may be formed. The procedure for environmental management in these territories is established by federal laws.

Author: Medentsov A.S.

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