Conversion of land within Protected Natural Territories into the category of agricultural land requires a favorable conclusion from state environmental expertise
For the reclassification of land of specially protected territories and objects or land plots within such land into the category of agricultural land, it is necessary conclusion of state environmental expertise.
Owner of the land plot, relating according to EGRN data to lands of specially protected territories and objects with permitted use "for construction and operation of a tourist complex", approached the administration of the municipal formation in accordance with the issue of transferring the land plot belonging to him from lands of specially protected territories and objects to [agricultural lands](/enc/21049/ "Definition of the term «Agricultural lands» in
"legal encyclopedia"
Administration refused to satisfy the application due to the absence of a positive conclusion of the state environmental expertise.
Considering this refusal unlawful, the property owner approached the Court.
Court refused to satisfy the stated requirement
The law on the reclassification of land or land plots from one category to another establishes specific rules for the reclassification of particularly protected territories and objects or land plots within such territories into another category.
With regard to Part 1 of Article 10 of this law, the presence of a positive conclusion of the state environmental expertise is one of the conditions for transferring to another category of lands of specially protected territories and objects, as well as the transfer of lands or land plots within such lands from other categories into lands of specially protected territories and objects.
The basis for reclassification into another category of land within specially protected territories and objects is the impossibility of their use according to their intended purpose due to the loss by them of special environmental protection, scientific, historical and cultural, aesthetic, recreational, health-improving, and other particularly valuable significance.
Taking into account the above, in the absence of a positive conclusion of the state environmental expertise administration lawfully refused the owner's request to reclassify the land plot from categories of land of particularly protected territories and objects to agricultural land category.
II. Disputes regarding land plots from the composition of
forest fund land plots
Source: Thematic review of the Supreme Court of the Russian Federation No. 11/2026. On consideration by courts of cases related to rights to land plots of certain categories of land removed from circulation and restricted in circulation, and on use of such plots