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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 19, 2011 No. 246-FZ

About the artificial parcels of land created on the water objects which are in federal property and about modification of separate legal acts of the Russian Federation

(as amended on 16-12-2019)

Accepted by the State Duma on July 6, 2011

Approved by the Federation Council on July 13, 2011

Article 1. Subject of regulation of this Federal Law

This Federal Law governs the relations connected with creation on the water objects which are in federal property, the artificial parcels of land for the purposes of construction on them of buildings, constructions (further - capital construction projects) and (or) their complex development for the purpose of construction.

Article 2. Legal regulation of the relations connected with creation on the water objects which are in federal property, the artificial parcels of land

Legal regulation of the relations connected with creation on water objects, which are in federal property, the artificial parcels of land for the purposes of construction on them of capital construction projects and (or) their complex development for the purpose of construction is performed by this Federal Law, other Federal Laws and regulatory legal acts of the Russian Federation adopted according to them.

Article 3. Concept of the artificial parcel of land created on the water object which is in federal property, or its part

1. The artificial parcel of land created on the water object which is in federal property (further also - the artificial parcel of land, artificially created parcel of land), the construction created on the water object which is in federal property, or its part by alluvium or dumping of ground soil or use of other technologies and recognized after its input in operation also by the parcel of land.

2. Artificially created parcel of land can adjoin to the existing parcels of land or to be isolated from them.

Article 4. The project of permission to creation of the artificial parcel of land on the water object which is in federal property, or its part

1. Federal executive bodies, executive bodies of the government of subjects of the Russian Federation, local government bodies, physical persons, including individual entrepreneurs, legal entities can be initiators of creation of the artificial parcels of land.

2. The initiator of creation of the artificial parcel of land performs preparation of the project of permission to creation of the artificial parcel of land on the water object which is in federal property, or its part.

3. The project of permission to creation of the artificial parcel of land on the water object which is in federal property (further also - the project), contains:

1) specifying on the planned use of artificially created parcel of land with indication of expected purpose, including type, types of the permitted use of artificially created parcel of land. In the project the specific capital construction project for which placement the artificial parcel of land is created can be specified;

2) the planned location of the artificial parcel of land.

4. Annexes to the project are the scheme of placement of artificially created parcel of land on the water object which is in federal property, or its part and reasons for creation of the artificial parcel of land. Requirements to the scheme of placement of the artificial parcel of land on the water object which is in federal property, or its part to structure and content of reasons for creation of the artificial parcel of land are established by authorized federal executive body.

5. The project of permission to creation of the artificial parcel of land on the water object which is in federal property is subject to approval with:

1) the federal executive bodies exercising the state supervision in the field of use and protection of water objects, federal state control (supervision) in the field of fishery and preserving water biological resources, the state supervision in the field of inland water transport and also with the federal executive body performing functions on rendering the state services and management of state-owned property in the field of sea and river transport (except as specified if the artificial parcel of land is created on water object in the seaport water area);

2) executive body of the subject of the Russian Federation in the territory of which creation of the artificial parcel of land is planned;

3) local government bodies of municipalities in which territories creation of the artificial parcel of land is planned.

6. The initiator of creation of the artificial parcel of land sends the project of permission to creation of the artificial parcel of land on the water object which is in federal property to authorized federal executive bodies, executive body of the subject of the Russian Federation, local government bodies.

7. Local government bodies of municipalities in which territories creation of the artificial parcel of land is planned within three working days from the date of receipt of the project provided by part 3 of this Article post on the official site of such municipality on the Internet the specified project and annexes to it. Interested persons have the right to provide the offers and notes on the specified project to local government bodies of municipalities.

8. The term of approval of the project of permission to creation of the artificial parcel of land on the water object which is in federal property cannot exceed one month from the date of receipt of this project on approval in the public authorities specified in part 5 of this Article, local government bodies.

9. In case of non receipt in time, provided by part 8 of this Article, the initiator of creation of the artificial parcel of land of notes from the bodies specified in part 5 of this Article, the project is considered approved with them.

10. In case of receipt of the artificial parcel of land by the initiator of creation in time, the initiator of creation of the artificial parcel of land provided by part 8 of this Article, notes from the public authorities, local government bodies specified in part 5 of this Article on the project of permission to creation of the artificial parcel of land repeatedly has the right to send for approval the project of permission to creation of the artificial parcel of land on the water object which is in federal property after elimination of these notes or to make the decision on creation of conciliation commission with participation of the public authorities and (or) local government bodies which directed these notes. If initiator of creation of the artificial parcel of land is the physical person or legal entity, the authorized body of the executive authority of the subject of the Russian Federation at the initiative of such physical person or legal entity has the right to make the decision on creation of conciliation commission.

11. The maximum term of work of conciliation commission cannot exceed one month.

Article 5. Permission to creation of the artificial parcel of land on the water object which is in federal property, or its part

1. The initiator of creation of the artificial parcel of land sends to the executive body authorized on issue of permission to creation of the artificial parcel of land on the water object which is in federal property, or its part, the statement for creation of the artificial parcel of land. The following documents are enclosed to this application:

1) the copy of the identity document of the applicant (for applicants - physical persons);

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