ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 6, 2018 No. 189

About approval of the Procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes, and protection of lands of rail transport within right of way

For the purpose of implementation of articles 6 and 11 of the Law of the Kyrgyz Republic "About rail transport", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes, and protection of lands of rail transport within right of way according to appendix.

2. This resolution becomes effective after fifteen days from the date of its official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of April 6, 2018, No. 189

Procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes, and protection of lands of rail transport within right of way

Chapter 1. General provisions

1. This Procedure regulates rules of establishment of the sizes, the mode of use of conservation zones, protection of lands of rail transport within right of way, ensuring safe activities of participants of transportation process.

Chapter 2. Procedure for establishment of conservation zones, their sizes and the mode of use of the lands allocated for these purposes

2. Conservation zones of lands of rail transport (further - conservation zones) are established for safety control of the population and safe operation of infrastructure facilities of rail transport, safety, durability and stability of constructions, devices and other objects of rail transport in the places subject to landslides, collapses, washouts, mud streams, emergence of mobile sands and other dangerous impacts on the parcels of land adjoining lands of right of way of the railroads.

3. Conservation zones belong to the category of lands of the industry, transport, communication, power, defense and other assignment.

4. Need of establishment of conservation zones, their sizes and borders, land use conditions for their limits excluding possibility of negative impacts on subgrade and artificial features of rail transport is determined according to the order of the Government of the Republic Kyrgyzstan "About approval of the Regulations on lands of the industry, transport, communication, power supply and procedure for their use" of July 10, 1992 No. 316, and also in projects on construction, reconstruction and repair of subgrade proceeding from physiographic, soil, hydrological and other natural environment.

5. Owners of the parcels of land and land users within conservation zones perform economic activity on the specified parcels of land according to the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About rail transport", the legislation of the Kyrgyz Republic in the area to the earth - water - subsurface use, and also the legislation in the field of environmental protection and this Procedure.

6. For the purpose of easing of negative impact on buildings and constructions of construction engineering assignment sanitary protection zones are established.

Instructions for use, and also the sizes of strips of sanitary protection zones are determined by the Set of rules by the layout and building of the cities and settlements of city type approved by the order of the State agency of architecture, construction and housing and communal services under the Government of the Kyrgyz Republic of May 27, 2016 No. of 6-np.

7. Rules of pasture of the cattle, the cabin of forest shelter plantings and bushes in the conservation zones established in floodplains of the rivers along coast, lakes and water storage basins, are determined by the order of the Government of the Republic Kyrgyzstan "About approval of the Regulations on lands of the industry, transport, communication, power supply and procedure for their use" of July 10, 1992 No. 316.

8. For safety and normal content of airlines of electricity transmission according to the above-stated Regulations on lands of the industry, transport, communication, power supply and procedure for their use are established:

a) the conservation zones along the airlines of electricity transmission passing across not inhabited areas determined by the parallel straight lines remote from outers at distance:

- for lines up to 1000 volts - 2 meters;

- for the line of 1-20 kilovolts inclusive - 10 meters;

- for lines up to 35 kilovolts inclusive - 15 meters;

- for lines up to 35 kilovolts inclusive - 20 meters;

- for lines up to 154-220 kilovolts inclusive - 25 meters;

- for lines up to 400 kilovolts inclusive - 30 meters;

- for underground cable lines - 1 meter;

b) gaps from outers of airlines of electricity transmission in case of their greatest variation to the closest protuberances of buildings and constructions width it is at least:

- for the line up to 20 kilovolts inclusive - 2 meters;

- for lines up to 35-110 kilovolts inclusive - 4 meters;

- for lines up to 154 kilovolts inclusive - 5 meters;

- for lines up to 220 kilovolts inclusive - 6 meters;

- for lines up to 400 kilovolts inclusive - 10 meters;

c) break-throughs in forests and green plantings by width:

- in undersized plantings up to 4 meters high - at least a distance between outers of airlines of electricity transmission plus 6 meters (on 3 meters in each party from outers);

- in plantings more than 4 meters - at least length traverses of support of airlines of electricity transmission plus doubled height of the main forest area (on the distance equal to height of the forest area on each side from outers);

d) the buildings and constructions which are under wires of airlines of electricity transmission over 2 kilovolts, except for fireproof are taken out from conservation zones.

In parks, reserves, the woods, green zones around settlements, forests, guardbands along iron and highway roads, the rivers, lakes width of glades for airlines of electricity transmission are established by the organization constructing electricity transmission airline in coordination with the organization under which authority the specified plantings are.

9. According to the order of the Government of the Republic Kyrgyzstan "About approval of the Regulations on lands of the industry, transport, communication, power supply and procedure for their use" of July 10, 1992 No. 316 within conservation zones is forbidden:

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