ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 31, 2017 No. 402

About approval of Rules of accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory, the list of types of the engineering researches necessary for preparation of documentation on the layout of the territory, and about modification of the Order of the Government of the Russian Federation of January 19, 2006 No. 20

According to part 2 of article 41.2 of the Town-planning code of the Russian Federation the Government of the Russian Federation decides:

Approve enclosed:

Rules of accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory;

list of types of the engineering researches necessary for preparation of documentation on the layout of the territory;

changes which are made to the order of the Government of the Russian Federation of January 19, 2006 No. 20 "About engineering researches for preparation of the project documentation, construction, reconstruction of capital construction projects" (The Russian Federation Code, 2006, No. 4, Art. 392; 2014, No. 14, Art. 1627; No. 25, Art. 3303).

Approved by the Order of the Government of the Russian Federation of March 31, 2017 No. 402

Rules of accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory

1. These rules establish procedure for accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory, and also cases in case of which their accomplishment is required.

2. Accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory is performed in the following cases:

a) insufficiency of materials of the engineering researches placed in the state information systems of ensuring town-planning activities, Single state fund of data on state of environment, its pollution, schemes of complex use and protection of water objects and the state water register;

b) impossibility of use of earlier executed engineering researches taking into account the term of their prescription determined in accordance with the legislation of the Russian Federation.

3. Accomplishment of the engineering researches necessary for preparation of documentation on the layout of the territory is performed for the solution of the following tasks:

a) assessment of environment of the territory concerning which preparation of documentation on the layout of the territory, and factors of technogenic environmental impact, forecasting of their change for the purpose of ensuring rational and safe use of the specified territory is performed;

b) delimitation of zones of the planned placement of capital construction projects, refining of their extreme parameters;

c) reasons for holding actions for the organization of surface run-off of waters, to partial or complete drainage of the territory and other similar actions and for engineering protection and improvement of the territory.

4. Sufficiency of materials of engineering researches is determined by federal executive body, executive body of the subject of the Russian Federation, local government body, physical persons or legal entities at the initiative of which the decision on preparation of documentation on the layout of the territory is made (further - the initiator), or person making the decision on preparation of documentation on the layout of the territory independently according to part 1.1 of article 45 of the Town-planning code of the Russian Federation before decision making about its preparation.

5. The initiator constitutes the project of task for accomplishment of engineering researches and goes along with the documents necessary for decision making on preparation of documentation on the layout of the territory, to person making the decision on preparation of documentation on the layout of the territory. The task for accomplishment of engineering researches affirms the specified person along with adoption of the specified decision.

In case of refusal in decision making about preparation of documentation on the layout of the territory the task for accomplishment of engineering researches returns to the initiator without approval.

Responsibility for completeness and accuracy of the data in task for accomplishment of engineering researches, stipulated by the legislation the Russian Federation, is assigned to the initiator.

6. Person making the decision on preparation of documentation on the layout of the territory independently according to part 1.1 of article 45 of the Town-planning code of the Russian Federation approves task for accomplishment of engineering researches along with decision making about preparation of documentation on the layout of the territory.

7. The task for accomplishment of engineering researches contains data on subject to engineering researches, the main requirements to results of engineering researches, borders of the territories of carrying out engineering researches, types of engineering researches and the description of subject to the planned placement of capital construction.

8. The structure and amount of engineering researches for preparation of documentation on the layout of the territory and method of their accomplishment are established taking into account requirements of technical regulations by the program of engineering researches developed on the basis of task for accomplishment of engineering researches depending on type and purpose of capital construction projects which placement is planned according to such documentation, and also from complexity of topographical, engineering-geological, ecological, hydrological, weather and weather conditions of the territory and degree of study of the specified conditions.

9. Engineering researches and (or) their separate types are carried out by persons specified regarding the 2nd article 47 of the Town-planning code of the Russian Federation (further - the contractor).

10. The basis for accomplishment of engineering researches is the contract between the initiator or person making the decision on preparation of documentation on the layout of the territory independently according to part 1.1 of article 45 of the Town-planning code of the Russian Federation signed according to the civil legislation of the Russian Federation and the contractor. The task for accomplishment of engineering researches is applied to the agreement (except as specified when engineering researches are carried out by the initiator or person making the decision on preparation of documentation on the layout of the territory independently according to part 1.1 of article 45 of the Town-planning code of the Russian Federation, independently, if the initiator and the specified person are contractors).

11. The program of engineering researches is developed by the contractor based on task for accomplishment of engineering researches.

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