of October 12, 2016 No. 1037
About approval of Rules of establishment of conservation zones of Items of the state geodetic network, state leveling network and state gravimetric network and recognition No. 1170 which voided Orders of the Government of the Russian Federation of October 7, 1996
The government of the Russian Federation decides:
1. Approve the enclosed Rules of establishment of conservation zones of Items of the state geodetic network, the state leveling network and the state gravimetric network.
2. Declare invalid the order of the Government of the Russian Federation of October 7, 1996 No. 1170 "About approval of regulations on conservation zones and protection of geodetic Items in the territory of the Russian Federation" (The Russian Federation Code, 1996, No. 42, the Art. 4803).
3. Realization of the powers provided by this resolution is performed by federal executive bodies within the number of employees of their central offices and territorial authorities, and also budgetary appropriations provided to the specified bodies on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of October 12, 2016 No. 1037
1. These rules determine procedure for establishment of conservation zones of Items of the state geodetic network, state leveling network and state gravimetric network (further - Items) and determinations of their borders and legal regime.
2. Borders of the conservation zone of Item on the area represent square (the party 4 meters) which parties are oriented on parts of the world and the central point (point of intersection of diagonals) of which is the center of Item.
Borders of conservation zones of Items of the state geodetic network and the state leveling network which centers are placed in buildings (structures, constructions) and also the Items of the state gravimetric network placed in cellars of buildings (structures, constructions) are established on contour of the specified buildings (structures, constructions).
3. The conservation zones of Items determined in accordance with the established procedure before entry into force of these rules, data on which are entered in accordance with the established procedure in the Single state real estate register, do not change.
4. The decision on establishment of the conservation zone of Item approving location of its borders is accepted by territorial authorities of Federal Registration Service in the location of Item (further - territorial authorities).
The data on borders of the conservation zone of Item containing text and graphical descriptions of location of borders of such zone, the list of coordinates of characteristic points of these borders in the system of coordinates installed for maintaining the Single state real estate register surely are provided in the specified decision.
During creation of new Items by territorial authority the decision on establishment of the conservation zone within 15 working days from the date of creation of Item in accordance with the established procedure is made.
5. Coordinates of characteristic points of borders of conservation zones of Items are determined by analytical method of determination of coordinates. Borders of conservation zones of Items are established with accuracy of determination of coordinates of the corresponding Items.
6. The conservation zone of Item is considered established from the date of entering in accordance with the established procedure into the Single state real estate register of data on its borders.
7. Within borders of conservation zones of Items implementation of types of activity and work which can entail damage or destruction of external signs of Items is forbidden without written coordination with territorial authority, to break invariance of location of the special centers of Items or to create difficulties for use of Items for the intended purpose and open entry to them, namely:
a) remove, move, fill up or damage components of Items;
b) carry out works, place objects and objects, to build constructions and designs which can interfere with access to Items without creation of passes and entrances, necessary for such access;
c) perform mining, blasting, construction, earth (meliorative) and other operations which can lead to damage or destruction of Items;
d) carry out the works which are not ensuring safety of Items.
8. Without coordination with territorial authority carrying out the following works is forbidden:
a) demolition of capital construction projects, on structural elements or in the cellar of which Items are placed;
b) capital repairs of rooms in which gravimetric Items are placed.
9. If during the implementing of the types of activity and work specified in Items 7 and 8 of these rules it is required to perform liquidation (demolition) of Item, such liquidation (demolition) of Item is performed based on the decision of territorial authority by person performing the specified works with simultaneous creation of the new Item similar to liquidated.
10. For entrance (approach) to Items and their conservation zones public servitudes according to the procedure, provided by the land legislation can be established in addition.
Owners of the parcels of land, land owners, land users, lessees of the parcels of land, owners of the servitude and owners of the parcels of land on which the conservation zone of Item is established shall provide possibility of entrance (approach) of interested persons to the specified Items in case of accomplishment of geodetic and cartographical works, and also when carrying out repair and recovery of the specified Items.
11. Within borders of conservation zones of Items irrespective of pattern of ownership of the parcels of land on which such conservation zones of Items are established it is authorized to carry out geodetic works without coordination with owners and other owners of the specified parcels of land.
Geodetic works with use of the gravimetric Items placed in cellars of buildings (constructions) are carried out after the direction of the notification on carrying out such works by means of the mailing with the assurance of receipt to owners or other owners of the specified buildings (constructions) no later than 10 days about day of the beginning of carrying out the specified works.
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