Legal regime of industrial and other special-purpose lands

General Provisions

The basis of the legal regime for industrial lands and other special-purpose lands is Chapter XVI of the Land Code of the Russian Federation.

Composition of Industrial, Energy, Transport, Communications, Broadcasting, Television, Informatics Lands, Lands for Space Activities, Defense and Security Lands, and Other Special-Purpose Lands

According to Article 87 of the Land Code of the Russian Federation, lands of industry, energy, transport, communications, radio broadcasting, television, informatics, lands for ensuring space activities, defense, security and lands of other special purposes are considered [lands](/enc/9280/ "Definition of the term 'Land' in the legal encyclopedia) located outside the boundaries of populated areas and used or intended for ensuring the activities of organizations and (or) operation of objects of industry, energy, transport, communications, radio broadcasting, television, informatics, objects for ensuring space activities

activities, defense and security objects, performance of other special tasks, and rights that have arisen for participants in land relations by grounds provided by this Code, federal laws, and laws of the subjects of the Russian Federation (hereinafter - industrial lands and other special-purpose lands).

Industrial lands and other special-purpose lands in accordance with Article 7 of this Code constitute a separate category of land of the Russian Federation.

Land for industrial purposes and other special purposes, depending on the nature of the special tasks for which they are used or intended, are divided into:

7) lands of other special purposes.

The characteristics of the legal regime for these lands are established by Articles 88 - 93 of this Code and are taken into account when conducting territorial zoning.

Land for industrial and other special purposes may include protective, sanitary-protection, and other zones with special land use conditions in order to ensure public safety and create necessary conditions for operating industrial facilities, energy facilities, particularly radiation-hazardous and nuclear-hazardous objects, storage facilities for nuclear materials and radioactive substances, transportation and other objects.

Land plots included in such zones are not expropriated from landowners, land users, land possessors, and lessees of land plots; however, within their boundaries, a special usage regime may be introduced, restricting or prohibiting activities that are incompatible with the purposes of establishing zones.

Industrial lands and other special-purpose lands occupied by federal energy systems, nuclear energy use objects, federal transport, communication routes, federal informatization and communications objects, objects ensuring space activities, defense and security objects, defensive production objects, objects ensuring the status and protection of the State Border of the Russian Federation, and other objects under the jurisdiction

The Russian Federation, in accordance with Article 71 of the Constitution of the Russian Federation, is federal property.

The order of use of certain types of industrial and other special-purpose lands, as well as the establishment of zones with special conditions for the use of land in this category, unless otherwise provided by this Code, is determined as follows:

The Government of the Russian Federation with respect to such lands owned by the federal state;
executive authorities of the subjects of the Russian Federation with respect to such lands owned by the subjects of the Russian Federation;
local self-government bodies with respect to such lands owned by municipal property.

An obligatory annex to the decision on establishing a zone with special usage conditions territory are information regarding the boundaries of such a zone, which must contain textual and graphical descriptions of the location of these boundaries, list of coordinates of characteristic points of these boundaries in the coordinate system established for maintaining the state cadastre of real estate objects. Requirements for the coordinate system, accuracy of determination

coordinates of characteristic points of boundaries of zones with special usage conditions territory, format of an electronic document containing the specified information is established by the federal executive body authorized to perform functions by normative-legal regulation in the field of state real estate cadastre, cadastral registration and cadastral activities.

Preparation of textual and graphical descriptions of the location of boundaries of zones with special usage conditions for territory, established for the purpose of ensuring public safety and creating necessary conditions for the operation of objects mentioned in paragraph 3 of this article, as well as the list of coordinates of characteristic points of boundaries of such a zone is carried out by right holders of such objects or other persons on the basis of a contract with these right holders.

Owners of land plots, included within the boundaries of zones with special usage conditions for territory, must be notified of restrictions on the use of land plots within such zones within fifteen days from the date of entry into the State Cadastre of Real Estate of information regarding the establishment of such a zone, in accordance with procedures established by the Government of the Russian Federation.

Lands of industry and other special purposes in accordance with Article 24 of this Code may be provided for use without charge for agricultural production and other uses.

Industrial Lands

According to Article 88 of the Land Code of the Russian Federation, industrial lands are recognized as lands used or intended for ensuring the activities of organizations and (or) operation of industrial facilities, and rights to which arose for participants in land relations by grounds provided for by this Code, federal laws, and laws of the subjects of the Russian Federation.

In order to ensure the operation of organizations and (or) industrial facilities, land plots may be provided for the placement of production and administrative buildings, structures, and supporting objects, as well as sanitary protection zones and other areas with special usage conditions for the lands referred to in paragraph 1 of this article.

The sizes of land plots provided for purposes specified in paragraph 2 of this article are determined in accordance with approved norms established in the prescribed procedure or project and technical documentation.

Energy Lands

According to Article 89 of the Land Code of the Russian Federation, energy lands are recognized as lands used or intended for ensuring the activities of organizations and (or) operation of energy facilities and rights to which have arisen with participants in land relations on grounds provided by this Code, federal laws, and laws of the subjects of the Russian Federation.

In order to ensure the operation of organizations and energy facilities, land plots may be provided for:

placement of hydroelectric power stations, nuclear power plants, nuclear installations, storage points for nuclear materials and radioactive substances, repositories for radioactive waste, thermal power stations and other power stations, as well as supporting structures and facilities;
placement of power grid infrastructure objects and other electric power facilities specified by the Russian Federation legislation on electric power.

To ensure safe and accident-free operation and use of power facilities, protective zones with special conditions for land use are established regardless of the category of land to which these land plots belong. The procedure for establishing such protective zones for specific types of objects and the use of corresponding land plots is determined by the Government of the Russian Federation. Oversight of compliance with special conditions for land use within the boundaries of protective zones of objects

The activities of the electricity sector are carried out by the federal executive authority to which functions related to federal state energy oversight have been assigned.

Rules defining the sizes of land plots for placing overhead power transmission lines and communication poles serving electrical networks are established by the Government of the Russian Federation.

Transport Lands

According to Article 90 of the Land Code of the Russian Federation, transport lands are defined as lands used or intended for the operation of organizations and (or) maintenance of objects of automotive, maritime, inland water, railway, air, and other types of transport, and rights to which arose with participants in land relations on grounds provided by this Code, federal laws, and laws of the subjects of the Russian Federation.

In order to ensure the operations of organizations and the maintenance of railway transport facilities, land plots may be allocated for:

placement of railway tracks;
placement, operation and reconstruction of buildings, structures, including railway stations, railway depots, as well as devices and other objects necessary for operation, maintenance, construction, reconstruction, repair of above-ground and underground buildings, structures, devices and other objects of railway transport;
establishment of railway right-of-way and protective zones.

Free land plots on railway corridors within railway transport lands may be leased to citizens and legal entities for agricultural use, providing services to passengers, cargo storage, establishment of loading and unloading areas, structures of sidings warehouses (excluding warehouses for fuel and lubricants, gas stations of any type, as well as warehouses intended for storing hazardous substances and materials) and other purposes provided that safety requirements for traffic movement are met,

established by federal laws.

The procedure for establishing and using right-of-way and protected zones of railway lines is determined by the Government of the Russian Federation.

In order to ensure road operations, land plots may be provided for:

placement of highways;
placement of road service facilities, objects intended for road activities, and stationary posts of internal affairs organs;
establishment of right-of-way for highways.

Land plots within the boundaries of road right-of-way strips may be allocated in accordance with the procedure established by this Code to citizens and legal entities for the placement of road service facilities. To create necessary conditions for the use of roads and their preservation, ensure compliance with traffic safety requirements, and guarantee citizen safety, roadside strips of roads are established. The establishment of boundaries of road right-of-way strips and boundaries of roadside strips of roads, use of such strips

Land allocation and roadside strips are carried out in accordance with the legislation of the Russian Federation on highways and road activities.

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

placement of artificially created inland waterways;
placement of maritime and river ports, docks, piers, hydraulic structures, and other objects necessary for the operation, maintenance, construction, reconstruction, repair of above-ground and underground buildings, structures, devices, and other objects of maritime and inland water transport;
allocation of shore zones.

The shore strip of inland waterways is designated for works related to navigation and timber floating along inland waterways outside the territories of populated areas. The procedure for allocating the shore strip and its use is determined by the Federal Code of Inland Water Transport of the Russian Federation.

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, aerodromes, runways, and other ground objects necessary for the operation, maintenance, construction, reconstruction, and repair of above-ground and underground buildings, structures, devices, and other air transport facilities.

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

the placement of ground objects of oil pipeline systems, gas pipeline systems, and other pipeline systems;
placement of ground objects necessary for the operation, maintenance, construction, reconstruction, and repair of above-ground and underground buildings, structures, devices, and other objects of pipeline transportation.

The boundaries of protective zones where objects of the gas supply system are located are determined on the basis of construction norms and rules, pipeline protection regulations, and other normative documents approved in accordance with established procedures. On the specified land plots during their economic use, the construction of any buildings, structures, or facilities within the established minimum distances from the objects of the gas supply system is prohibited. It is not allowed to hinder the organization - owner of the gas supply system or authorized by it

organizations in the performance of their work on maintenance and repair of objects of the gas supply system, elimination of the consequences of accidents and disasters that have occurred on them.

In order to create conditions for the construction and reconstruction of road, water, railway, air, and other types of transport facilities, land reservation is carried out. The procedure for reserving land for these purposes is established by federal laws.

Land plots allocated for construction, reconstruction, capital repair of pipeline transport objects shall not be reclassified into the category of transport lands and are provided for the period of construction, reconstruction, or capital repair of such objects. Land plots where underground pipeline transport objects belonging to linear infrastructure are located, the registration of property rights of the object owners

Pipeline transportation in accordance with the procedures established by this Code is not required. Landowners of land plots face limitations on their rights due to the establishment of protective zones for such facilities.

Land for Communications, Broadcasting, Television, and Informatics

According to Article 91 of the Land Code of the Russian Federation, land for communications, broadcasting, television, and informatics are recognized as land that is used or intended for ensuring the activities of organizations and (or) objects of communications, broadcasting, television, and informatics, and the right to which arose with participants in land relations on grounds provided for by this Code, federal laws, and laws of the subjects of the Russian Federation.

In order to ensure communication (excluding space communication), radio broadcasting, television, and informatics, land plots may be provided for the placement of objects of corresponding infrastructure, including:

operational communication enterprises, on whose balance sheets are located radio relay, aerial, cable communication lines and corresponding expropriation zones;
cable, radio relay, and aerial communication lines and radio communication lines on the routes of cable and aerial communication and radio communication lines and the corresponding protective zones of communication lines;
underground cable and aerial communication lines and radio communication lines and the corresponding protective zones of communication lines;
ground and underground unmanned amplifier stations on cable communication lines and the corresponding protected zones;
ground structures and infrastructure of satellite communications.

Land for space activities support

According to Article 92 of the Land Code of the Russian Federation, lands designated for space activities are recognized as lands that are used or intended for the provision of activities by organizations and (or) objects of space activities, and rights to which have arisen among participants in land relations on the grounds provided by this Code, federal laws, and laws of the subjects of the Russian Federation.

In order to ensure space activities, land plots may be provided for the placement of ground objects of space infrastructure, including spaceports, launch complexes and launch pads, command and measurement complexes, centers and control points for managing space object flights, information reception, storage and processing points, storage bases for space equipment, rocket stage fall zones, landing polygons for space objects and runways, facilities of an experimental base for testing space technology,

centers and equipment for training astronauts, other ground facilities and technical means used in space activities.

Land plots used for the episodic fall of detached rocket parts are not expropriated from landowners, land users, landholders, and lessees of land plots.

The order of compensating these persons is determined by the Government of the Russian Federation.

Land for Defense and Security

According to Article 93 of the Land Code of the Russian Federation, defense and security lands are recognized as lands used or intended for ensuring the activities of the Armed Forces of the Russian Federation, other troops, military formations, and bodies, organizations, enterprises, institutions performing functions in armed protection of the integrity and inviolability of the territory of the Russian Federation, protection and security of the State Border of the Russian Federation, information security, other types of security in closed administrative-territorial formations, and the rights to which have arisen among land participants

relations on the grounds provided by this Code and federal laws.

In order to ensure defense, land plots may be provided for:

construction, preparation, and maintenance of the Armed Forces of the Russian Federation, other troops, military formations, and bodies (deployment of military organizations, institutions, and other facilities, deployment of troops and naval forces, conducting exercises and other activities);
development, production, and repair of weapons, military, special, and space equipment, and ammunition (test ranges, sites for destruction of weapons and disposal of waste);
placement of material reserves of the state material reserve.

In cases requiring temporary use of land (territories) for conducting exercises and other activities related to defense needs, land plots belonging to landowners, land users, land possessors, and lessees of land plots are not expropriated.

Use of these lands is carried out in accordance with the procedure established for conducting geological survey works, as well as for areas with special use conditions.

In order to ensure the protection and security of the State Border of the Russian Federation in accordance with the legislation of the Russian Federation, land strips or plots are allocated for permanent (indefinite) use for the development and maintenance of engineering and technical structures and barriers, boundary markers, boundary clearings, communications, points of passage through the State Border of the Russian Federation, and other objects.

Norms for allocating land strips, sizes of land plots necessary for ensuring protection and security of the State Border of the Russian Federation, procedures for their use, including specifics of economic, industrial, and other activities, are determined by the legislation of the Russian Federation.

Land plots are provided for indefinite (perpetual) use or on lease for locating facilities related to development, manufacturing, storage, and disposal of weapons of mass destruction, processing of radioactive and other materials, military and other objects within closed administrative-territorial units.

In a closed administrative-territorial formation, a special regime of land use is established by the decision of the Government of the Russian Federation.

Executive state authorities and local self-government bodies, provided for by Article 29 of this Code, shall take necessary measures to provide land plots to meet the needs of the population for the development of horticulture, gardening, agricultural production, housing construction, and dacha building outside the closed administrative-territorial formation.

It is allowed to include land plots included in the approved list in accordance with the order established by the Government of the Russian Federation list of land plots allocated for defense and security needs and temporarily not used for these purposes, into the boundaries of hunting grounds with the consent of the federal executive authority authorized in the field of defense or the federal executive authority authorized in the field of security.

In the event of an emergency or martial law, the use of land plots for defense and security purposes may be carried out in accordance with the procedure established by Article 51 of this Code.

In order to ensure national defense and state security, protection of the population, and uninterrupted operation of facilities in the areas of national defense and state security, prohibited zones and other zones with special land use conditions may be established.

The procedure for establishing the specified zones and the use of land plots within their boundaries is determined by the Government of the Russian Federation.

Legal regime of industrial and other special-purpose lands

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