For the operation of power transmission lines in specially protected natural territories, a forest development project and a forest declaration are not required when necessary logging is carried out
The owner of a power line lawfully constructed on territory of a national park is entitled to carry out tree and shrub cutting in protected and sanitary zones without preparing a forest development project, conducting state expert review, or submitting a forest declaration.
The organization owns on the right of ownership a power transmission line located on [territory](/enc/33369/ "Definition of the term 'Territory' in the legal encyclopedia) of the national park. In relation to forest plots where the power transmission line is located, an encumbrance has been established in the form of its protective zone.
On the basis of a concluded agreement with the organization, [company](/enc/31934/ "Definition of the term 'Company' in the legal encyclopedia) owns and uses the power transmission line, performs its operational maintenance.
Company sent a letter to the institution, which is responsible for the national park, with information about the upcoming manual work on the territory of the national park to create necessary conditions for the operation of the power transmission line within its protected area and with a request for permission for [stay](/enc/33472/ "Definition of the term «Stay» in
of personnel on territories of the national park.
Institution refused to issue a permit for stay of personnel on territory of the national park due to absence of title documents for forest plots, state expertise of the forest development project and a forest declaration.
The aforementioned circumstances served as a basis for the company to approach the court with a claim requesting the recognition of the institution's actions as unlawful.
The court satisfied the application, stating the following.
Norms of the Forest Code of the Russian Federation allow for the operation of power transmission lines on forest land (paragraph 3 of Part 1 of Article 21). For these purposes, selective and clear-cutting of trees, shrubs, and vines is permitted, including in protected and sanitary protection zones intended to ensure public safety and create necessary conditions for the operation of relevant facilities (Part 5 of Article 21). Use of forests for these works is carried out without allocation of forest plots, without
establishment of a servitude, public servitude (part 4 of article 45). [Persons](/enc/31941/ "Definition of the term 'Persons' in the legal encyclopedia), using forests without allocating forest areas, are not obliged to ensure preparation of a forest development project (article 88) and its state expertise (article 89). Submission of a forest declaration when using forests without a development project is not provided for by legislation (part 1 of article 26).
Data activities are carried out even in cases where linear objects are placed in accordance with the legislation on the lands of protected natural territories (OOPT).
In accordance with the Special Features of Use, Protection, Safeguarding, and Regeneration of Forests Located on Special Protected Natural Territories, approved by the order of the Ministry of Natural Resources of Russia dated August 12, 2021, No. 558, the presence of a forest development project is not required when using forests without providing forest land for selective and clear-cut logging of trees, shrubs, and vines to ensure public safety and create necessary conditions for the operation of power transmission lines.
In view of the above, company as a user of power lines lawfully constructed on the territory of the national park prior to the entry into force of the Forest Code of the Russian Federation, has the right to carry out selective and under certain conditions clear-cutting of trees, shrubs, and vines within protected areas and sanitary protection zones. No forest permits are required to perform these works.
plots.
Company as a person, using forests without providing forest plots, is entitled to conduct these works without a forest development project and without state expertise. In this regard, the company has no need to submit a forest declaration, which is a statement on the use of forests in accordance with the project for their development. The regime of the economic-use zone of the national park, within the boundaries of which the power transmission line is located, allows conducting these works.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land use rights for certain categories of land removed from circulation and restricted in circulation, and on the use of such plots