ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 12, 2006 No. 611

About procedure for establishment and use of rights of way and conservation zones of the railroads

According to Article 90 of the Land code of the Russian Federation and article 9 of the Federal law "About Rail Transport in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of establishment and use of rights of way and conservation zones of the railroads.

2. Ceased to be valid

3. To the Ministry of Transport of the Russian Federation in 3-month time:

approve regulations of withdrawal of the parcels of land necessary for forming of right of way of the railroads, and also regulations of calculation of conservation zones of the railroads;

bring the regulatory legal acts into accord with this resolution.

Approved by the order of the Government of the Russian Federation of October 12, 2006 No. 611

Rules of establishment and use of rights of way and conservation zones of the railroads

1. These rules determine procedure for establishment and use of rights of way and conservation zones of the railroads.

2. For the purpose of formation of the parcels of land in borders of right of way of the railroads (further - right of way) or amendments of their borders the owner of infrastructure of rail transport public or the owner of railway track of uncommon use or the organization performing construction of facilities of infrastructure of rail transport public and (or) railway tracks of uncommon use (further - the interested organization), or other interested person provides carrying out the corresponding cadastral works according to the Federal Law "About the State Immovable Property Cadastre". Borders of right of way are established taking into account regulations of withdrawal of the parcels of land necessary for forming of right of way approved by the Ministry of Transport of the Russian Federation.

3. Statement on the cadastral registration of the parcels of land in borders of right of way is performed according to the Federal Law "About the State Immovable Property Cadastre".

3(1). The parcels of land (their part) of right of way of the railroads which are not occupied with the objects of rail transport and objects intended for safety control of movement and operation of rail transport can be used in accordance with the legislation of the Russian Federation for agricultural production, rendering services to passengers, warehousing of loads, the device of handling platforms, construction of railway warehouses (except for warehouses of fuels and lubricants and gas stations of any types, and also warehouses intended for storage of dangerous substances and materials) and other purposes on condition of observance of the safety requirements of movement established by the Federal Laws.

4. In borders of right of way for the purpose of safety control of movement and operation of rail transport the interested organization shall provide the following mode of use of the parcels of land:

a) not allow placement of the capital buildings and constructions, long-term plantings and other objects worsening visibility of railway track and creating safety hazard of movement and operation of rail transport;

b) not allow in the locations of engineering communications construction and placement of any buildings and constructions if it threatens traffic security and operation of rail transport, and in the locations of water supply, sewer systems and water intaking constructions - carrying out agricultural works;

c) not allow in places of prileganiye to agricultural holdings growth of weed grassy and wood and shrubby vegetation;

d) not allow in places of prileganiye to forests accumulation of dead wood, dead wood, felling remaining balance and other combustible materials;

e) separate from border of right of way on sites of running of trains on locomotive draft edge of the natural wood fire-proof plowing from 3 to 5 meters wide or the mineralized strip at least 3 meters wide.

5. Placement of capital construction projects, engineering communications, power transmission lines, bonds, main gazo-, oil pipelines and other linear constructions in borders of right of way is allowed only in coordination with the interested organization.

6. In borders of right of way it is allowed to place on contract clauses on slopes of dredging, permanent fences, structures, devices and other objects of rail transport outdoor advertizing. Such advertizing shall conform to the requirements established by the legislation of the Russian Federation and not threaten traffic security and operation of rail transport.

7. Borders of conservation zones of the railroads (further - the conservation zone) can be established in case of passing of railway tracks:

a) in the places subject to snow collapses (avalanches), landslides, washouts, mud streams, ovragoobrazovaniye, karstoobrazovaniye and other dangerous geological impacts;

b) in regions of mobile sands;

c) on the woods performing functions of protective afforestations including on the woods in floodplains of the rivers and along surface water objects;

d) on the woods where continuous cutting down of forest stand can affect stability of slopes of mountains and hills and to lead to formation of landslides, taluses, ravines or to cause emergence of mud streams and snow collapses (avalanches), to affect safety, stability and durability of railway tracks.

8. The Federal Agency for Railway Transport makes the decision on establishment of borders of the conservation zone in 2-month time from the date of giving by the interested organization

a) statements with the description of the these rules of prohibitions or restrictions assumed to establishment according to Item 10;

b) descriptions of the location of borders of the conservation zone constituted taking into account regulations of calculation of the conservation zones approved by the Ministry of Transport of the Russian Federation.

9. The decision of Federal Agency for Railway Transport on establishment of borders of the conservation zone shall contain the prohibitions or restrictions established according to Item 10 of these rules. The description of location of borders of the conservation zone is attached to the decision.

The copy of the specified decision goes the interested organization to week time from the date of its acceptance.

10. In borders of conservation zones for the purpose of safety control of movement and operation of rail transport prohibitions or restrictions for implementation of the following types of activity can be established:

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