Chapter 3. TERRITORIAL PLANNING
For the procedure for including land plots within the boundaries of settlements or excluding land plots from the boundaries of settlements, see Article 4.1 of Federal Law No. 191-FZ of December 29, 2004. For the approval of the draft boundaries of the zones of the planned placement of capital construction objects of federal, regional or local significance, see Article 3.1 of the Federal Law of December 29, 2004 N 191-FZ.
1. Territorial planning is aimed at determining in territorial planning documents the designation of territories based on a combination of social, economic, environmental and other factors in order to ensure the sustainable development of territories, the development of engineering, transport and social infrastructures, ensuring that the interests of citizens and their associations, the Russian Federation, subjects of the Russian Federation, municipalities.
2. Documents of territorial planning are divided into:
1) documents of territorial planning of the Russian Federation;
2) documents of territorial planning of subjects of the Russian Federation;
3) documents of territorial planning of municipalities.
3. Documents of territorial planning are obligatory for state authorities, local self-government bodies when they make decisions and implement such decisions.
4. It is not allowed to make decisions by public authorities, local governments on reserving land, on withdrawal, including by redemption, of land plots for state or municipal needs, on transferring land from one category to another in the absence of territorial planning documents, with the exception of cases under federal law.
1. Documents of territorial planning of the Russian Federation are schemes of territorial planning of the Russian Federation in the area of:
1) development of federal transport, means of communication, information and communications;
2) national defense and state security;
3) energy development;
4) has become invalid. - Federal Law of 04.12.2006 N 201-FZ;
5) has expired. - Federal Law of 03.06.2006 N 73-FZ;
6) development and placement of specially protected natural areas of federal significance;
7) protection of the territories of two or more constituent entities of the Russian Federation at risk of natural and man-made emergencies and the impact of their consequences;
8) development of space activities;
9) natural monopolies;
10) in other areas provided for by the legislation of the Russian Federation.
2. The preparation of the schemes referred to in Part 1 of this Article may be carried out as part of one or more territorial planning documents in relation to the entire territory of the Russian Federation or part of it.
3. The territorial planning schemes of the Russian Federation may include maps (schemes) of the planned location of capital construction facilities of federal significance, including:
1) objects of federal energy systems;
2) objects using atomic energy;
3) objects of defense and security;
4) objects of federal transport, means of communication, informatics and communications;
5) objects providing space activities;
6) facilities that ensure the status and protection of the State Border of the Russian Federation;
7) linear facilities that ensure the activities of subjects of natural monopolies;
8) other objects, the placement of which is necessary for the implementation of the powers of the Russian Federation established by the Constitution of the Russian Federation, federal laws and the fulfillment of international obligations of the Russian Federation.
4. Schemes of territorial planning of the Russian Federation contain provisions on territorial planning and corresponding maps (schemes).
5. The provisions on territorial planning contained in the territorial planning schemes of the Russian Federation include:
6. The maps (diagrams) contained in the territorial planning schemes of the Russian Federation display:
1) the boundaries of the subjects of the Russian Federation, the boundaries of closed administrative-territorial formations, the boundaries of special economic zones, the boundaries of municipalities;
2) the boundaries of the lands of the forest fund, the boundaries of the lands of specially protected natural territories of federal significance, the boundaries of the lands of defense and security, as well as the planned boundaries of such lands;
5) the boundaries of territories at risk of natural and man-made emergencies and the impact of their consequences;
6) the boundaries of land plots that are provided for the placement of capital construction objects of federal significance or on which capital construction objects that are in federal ownership are located, as well as the boundaries of the zones of the planned location of capital construction objects of federal significance.
7. In order to approve territorial planning schemes of the Russian Federation, relevant materials are being prepared to substantiate their projects in text form and in the form of maps (diagrams).
8. Materials on the justification of draft schemes for territorial planning of the Russian Federation in text form include:
9. On maps (schemes) as part of materials on the justification of projects of territorial planning schemes of the Russian Federation, the following are displayed:
1) maps (schemes) of the use of the territory of the Russian Federation, parts of the territory of the Russian Federation showing the boundaries of lands of various categories, other information on the use of the relevant territory;
2) maps (schemes) of restrictions approved as part of the territorial planning documents of the constituent entities of the Russian Federation and territorial planning documents of municipalities, including maps (schemes) of the boundaries of territories of cultural heritage sites, maps (schemes) of the boundaries of zones with special conditions for the use of territories, maps (diagrams) of the boundaries of territories at risk of natural and man-made emergencies, maps (diagrams) of the boundaries of the zones of the planned placement of federal capital construction facilities, the consequences of which may lead to negative changes in the quality of the environment (hereinafter referred to as the negative impact zones), maps (diagrams) of the boundaries of environmental risk zones and possible environmental pollution due to accidents at potentially hazardous production facilities and transport infrastructure facilities;
3) maps (schemes) showing the results of the analysis of the integrated development of the territory and the placement of federal capital construction facilities, including taking into account the results of engineering surveys;
4) other maps (schemes).
11. The proposals specified in clause 2 of part 9 of this article are displayed on maps (schemes) that are used to make changes to them when agreeing on draft territorial planning schemes of the Russian Federation and include:
1) maps (schemes) of the planned change in the boundaries of forest fund lands, boundaries of lands of specially protected natural areas of federal significance, boundaries of defense and security lands;
2) maps (schemes) showing the zones of the planned placement of capital construction objects of federal significance;
3) other maps (schemes).
1. The territorial planning schemes of the Russian Federation, including the introduction of amendments to such schemes, are approved by the Government of the Russian Federation.
2. Schemes of territorial planning of the Russian Federation, including maps (schemes) of the planned placement of defense and security facilities, are approved in the manner established by the legislation of the Russian Federation in the field of defense and the legislation of the Russian Federation on state secrets.
3. The preparation of draft schemes for territorial planning of the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation, the provisions on territorial planning contained in territorial planning documents of the constituent entities of the Russian Federation, territorial planning documents of municipalities, as well as taking into account the proposals of interested parties.
4. Draft schemes for territorial planning of the Russian Federation, prior to their approval, are subject to mandatory agreement with the interested executive authorities of the constituent entities of the Russian Federation in the manner prescribed by Article 12 of this Code.
5. Draft schemes for territorial planning of the Russian Federation are subject to publication in the manner established for the official publication of regulatory legal acts of the Russian Federation, other official documents, at least three months before their approval and are posted on the official website of the Government of the Russian Federation on the Internet. Draft provisions on territorial planning provided for by Part 5 of Article 10 of this Code, draft maps (diagrams) or several maps (diagrams), which display information provided for by Part 6 of Article 10 of this Code, are subject to publication and placement.
6. Interested parties have the right to submit their proposals on draft schemes for territorial planning of the Russian Federation.
7. Schemes of territorial planning of the Russian Federation are subject to publication in the manner established for the official publication of regulatory legal acts of the Russian Federation, other official documents, and are posted on the official website of the Government of the Russian Federation on the Internet. Provisions on territorial planning provided for by Part 5 of Article 10 of Article 10 of this Code shall be subject to publication and placement.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
8. Schemes of territorial planning of the Russian Federation, within three days from the date of their approval, are sent to the highest executive bodies of state power of the constituent entities of the Russian Federation and local self-government bodies of municipalities, in relation to the territories of which territorial planning schemes of the Russian Federation have been prepared.
9. Owners of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of territorial planning schemes of the Russian Federation, have the right to challenge the territorial planning schemes of the Russian Federation in court.
10. Bodies of state power of the Russian Federation, bodies of state power of the subjects of the Russian Federation, bodies of local self-government, interested individuals and legal entities have the right to submit proposals for amending the territorial planning schemes of the Russian Federation.
11. Amendments to the territorial planning schemes of the Russian Federation must be carried out in accordance with the requirements provided for in parts 2-10 of this article.
12. The composition, the procedure for preparing draft schemes for territorial planning of the Russian Federation, the procedure for making changes to such schemes are established by the Government of the Russian Federation.
13. The composition, procedure for preparation, procedure for coordinating draft schemes for territorial planning of the Russian Federation, including maps (schemes) of the planned deployment of defense and security facilities, the procedure for amending such documents, the features of their publication are established in accordance with the legislation of the Russian Federation in the field of defense and the legislation of the Russian Federation on state secrets.
1. The draft scheme of territorial planning of the Russian Federation is subject to agreement with the highest executive bodies of state power of the constituent entity of the Russian Federation in cases where the proposals contained in the said draft imply a change in the existing or, in accordance with the territorial planning documents of the constituent entity of the Russian Federation, planned boundaries of agricultural land, boundaries lands of specially protected natural territories of regional significance, boundaries of land plots owned by a subject of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of regional significance. The issues of placement of capital construction facilities of federal significance, which may have a negative impact on the environment on the territory of a constituent entity of the Russian Federation, are also subject to agreement. Other issues cannot be subject to agreement in connection with the preparation of a draft territorial planning scheme for the Russian Federation.
2. The term for agreeing on a draft territorial planning scheme of the Russian Federation may not exceed three months from the date of its submission for approval to the highest executive bodies of state power of the constituent entities of the Russian Federation, in relation to the territories of which a draft of such a territorial planning scheme has been prepared or on whose territories the planned to accommodate a capital construction facility of federal significance.
3. Non-receipt from the highest executive body of state power of a constituent entity of the Russian Federation within the established period of a consolidated opinion on the draft specified in Part 2 of this Article shall be considered as the consent of such a state authority of a constituent entity of the Russian Federation with the draft territorial planning scheme of the Russian Federation.
4. The highest executive body of state power of a constituent entity of the Russian Federation sends a draft scheme of territorial planning of the Russian Federation to the local self-government bodies of municipalities, in relation to the territories of which a draft scheme of territorial planning of the Russian Federation has been prepared.
5. Local self-government bodies shall consider the draft territorial planning scheme of the Russian Federation in terms of taking into account in the proposals contained in the said draft, the provisions on territorial planning contained in the territorial planning documents of municipalities, taking into account the rules of land use and development, proposals to change the boundaries of land plots located in municipal ownership. The issues of placement of capital construction facilities of federal significance, which may have a negative impact on the environment in the territories of municipalities, are also subject to agreement.
6. The maximum term for consideration of a draft scheme for territorial planning of the Russian Federation and preparation of conclusions on such a draft by local governments may not exceed thirty days from the date of receipt of such a draft. If the conclusions of local self-government bodies are not received within the established period, the draft territorial planning scheme of the Russian Federation shall be considered agreed with these bodies.
7. The highest executive body of state power of the constituent entity of the Russian Federation, on the basis of the conclusions of local governments, prepares a consolidated opinion on the draft territorial planning scheme of the Russian Federation, which may contain a provision on agreement with the draft territorial planning scheme of the Russian Federation or disagreement with such a draft with the rationale for the decision .
8. In the event of receipt from one or more constituent entities of the Russian Federation of consolidated conclusions containing provisions on disagreement with the draft territorial planning scheme of the Russian Federation with the rationale for the decision taken, within thirty days from the date of expiration of the established period for agreeing on such a project, a decision is made to create a conciliation commission. The maximum period of work of the conciliation commission may not exceed three months.
9. Based on the results of the work, the conciliation commission submits:
1) a document on the approval of the draft territorial planning scheme of the Russian Federation and the draft territorial planning scheme of the Russian Federation prepared for approval with the amendments made to it;
1) proposals to exclude from the draft territorial planning scheme of the Russian Federation materials on uncoordinated issues (including by displaying them on the corresponding map (scheme) in order to fix unagreed issues until they are agreed upon);
2) a plan for coordinating the issues specified in paragraph 1 of this part after the approval of the territorial planning scheme of the Russian Federation by preparing proposals for making appropriate changes to such a scheme.
11. Based on the documents and materials submitted by the conciliation commission, a decision is made to approve the territorial planning scheme of the Russian Federation or to reject the draft territorial planning scheme of the Russian Federation and send it for revision.
12. The procedure for coordinating the draft scheme of territorial planning of the Russian Federation, the composition and procedure for the work of the conciliation commission are established by the Government of the Russian Federation.
13. If the materials specified in Clause 2 of Part 9 of this Article are available, the Government of the Russian Federation may approve the territorial planning scheme of the Russian Federation, which provides for the placement of capital construction facilities of federal significance.
1. The implementation of the scheme of territorial planning of the Russian Federation is carried out on the basis of the plan for the implementation of the scheme of territorial planning of the Russian Federation, the preparation and approval of which are carried out in the manner established by the Government of the Russian Federation, within three months from the date of approval of such a scheme.
2. The implementation plan for the territorial planning scheme of the Russian Federation contains:
1) the terms for preparing documentation on the planning of the territory for the placement of capital construction objects of federal significance, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;
2) terms of preparation of project documentation and terms of construction of capital construction projects of federal significance;
3) financial and economic justification for the implementation of the territorial planning scheme of the Russian Federation.
1. The territorial planning documents of the constituent entities of the Russian Federation are the territorial planning schemes of the constituent entities of the Russian Federation. The preparation of these schemes can be carried out as part of one or more territorial planning documents of the constituent entities of the Russian Federation.
2. The preparation of a territorial planning scheme for a constituent entity of the Russian Federation may be carried out in relation to the entire territory of a constituent entity of the Russian Federation or to its parts.
3. Territorial planning schemes for the constituent entities of the Russian Federation may include maps (schemes) of the planned development and placement of specially protected natural areas of regional significance, changes in the boundaries of agricultural land and the boundaries of agricultural land as part of agricultural land, as well as maps (schemes) of the planned placement capital construction projects of regional importance, including:
1) objects of energy systems of regional importance;
2) objects of transport, means of communication, informatics and communications of regional importance;
3) linear objects of regional importance, providing the activities of subjects of natural monopolies;
4) other objects, the placement of which is necessary for the implementation of the powers of the constituent entities of the Russian Federation, determined by federal laws and laws of the constituent entities of the Russian Federation.
4. The territorial planning scheme of a constituent entity of the Russian Federation contains provisions on territorial planning and corresponding maps (schemes).
5. The provisions on territorial planning contained in the scheme of territorial planning of a constituent entity of the Russian Federation include:
1) goals and objectives of territorial planning;
2) a list of measures for territorial planning and an indication of the sequence of their implementation.
6. On the maps (schemes) contained in the scheme of territorial planning of the subject of the Russian Federation, the following are displayed:
1) the boundaries of municipalities - urban districts, municipal districts, settlements, approved in the prescribed manner by the law of the subject of the Russian Federation;
2) the boundaries of the lands of the forest fund, the boundaries of the lands of specially protected natural areas of regional significance, the boundaries of the lands of defense and security;
3) the boundaries of agricultural land and the boundaries of agricultural land in the composition of agricultural land, as well as the planned boundaries of such land;
(as amended by Federal Law No. 210-FZ of December 31, 2005)
4) boundaries of territories of objects of cultural heritage;
5) boundaries of zones with special conditions for the use of territories;
6) the boundaries of territories at risk of natural and man-made emergencies and the impact of their consequences;
7) the boundaries of land plots that are provided for the placement of capital construction objects of regional significance or on which capital construction objects are located owned by a constituent entity of the Russian Federation, as well as the boundaries of the zones of the planned placement of capital construction objects of regional significance.
7. For the purpose of approving the territorial planning scheme for a subject of the Russian Federation, relevant materials are being prepared to substantiate its draft in text form and in the form of maps (diagrams).
8. Materials on the justification of the draft scheme of territorial planning of the subject of the Russian Federation in text form include:
1) substantiation of options for solving the problems of territorial planning;
2) a list of measures for territorial planning;
3) substantiation of proposals for territorial planning, stages of their implementation;
4) a list of the main risk factors for natural and man-made emergencies.
9. On the maps (schemes) as part of the materials on the justification of the draft territorial planning scheme of the subject of the Russian Federation, the following are displayed:
2) proposals for territorial planning.
10. The information specified in clause 1 of part 9 of this article is displayed on the following maps (diagrams):
1) maps (schemes) of the use of the territory of a constituent entity of the Russian Federation showing the boundaries of lands of various categories, other information on the use of the relevant territory;
2) maps (schemes) of restrictions approved as part of the territorial planning documents of the Russian Federation and territorial planning documents of municipalities, including maps (schemes) of the boundaries of territories of cultural heritage objects, maps (schemes) of the boundaries of zones with special conditions for the use of territories, maps ( schemes) of the boundaries of territories at risk of natural and man-made emergencies, maps (schemes) of the boundaries of the zones of negative impact of capital construction objects of regional significance in the case of the placement of such objects;
3) maps (schemes) showing the results of the analysis of the integrated development of the territory and the placement of capital construction objects of regional significance, including taking into account the results of engineering surveys;
4) other maps (schemes).
11. The proposals specified in clause 2 of part 9 of this article are displayed on maps (schemes) that are used to make changes to them when agreeing on a draft territorial planning scheme for a constituent entity of the Russian Federation and include:
1) maps (schemes) of the planned change in the boundaries of municipalities;
2) maps (schemes) of the planned change in the boundaries of agricultural lands and the boundaries of agricultural lands as part of agricultural lands, the boundaries of lands of specially protected natural areas of regional significance;
3) maps (schemes) showing the zones of the planned placement of capital construction objects of regional significance;
4) other maps (schemes).
1. The territorial planning scheme of a constituent entity of the Russian Federation, including the introduction of amendments to such a scheme, is approved by the highest executive body of state power of the constituent entity of the Russian Federation.
2. The preparation of territorial planning schemes for the constituent entities of the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account programs in the field of state economic, environmental, social, cultural and national development of the constituent entities of the Russian Federation, the provisions on territorial planning contained in the documents territorial planning of the Russian Federation, territorial planning documents of municipalities, as well as taking into account the proposals of interested parties.
3. The draft territorial planning scheme of a constituent entity of the Russian Federation, prior to its approval, is subject to mandatory approval by the authorized federal executive body, the highest executive state authorities of the constituent entities of the Russian Federation that have a common border with the constituent entity of the Russian Federation that provided the preparation of the draft territorial planning scheme, and local governments municipal formations, in relation to the territories of which proposals for territorial planning have been prepared, in the manner prescribed by Article 16 of this Code.
4. The draft territorial planning scheme of a constituent entity of the Russian Federation shall be subject to publication in the manner established for the official publication of regulatory legal acts of state authorities of a constituent entity of the Russian Federation, other official information, at least three months prior to its approval and posted on the official website of the constituent entity of the Russian Federation in networks "Internet". The draft provisions on territorial planning provided for by Part 5 of Article 14 of Article 14 of this Code shall be subject to publication and placement.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
5. Interested persons have the right to submit their proposals on the draft scheme of territorial planning of the subject of the Russian Federation.
6. The territorial planning scheme of a constituent entity of the Russian Federation is subject to publication in the manner established for the official publication of regulatory legal acts of state authorities of a constituent entity of the Russian Federation, other official information, and is posted on the official website of the constituent entity of the Russian Federation on the Internet. Provisions on territorial planning provided for by Part 5 of Article 14 of this Code, and a map (scheme) or several maps (schemes), which display information provided for by Part 6 of Article 14 of this Code, are subject to publication and placement. The territorial planning scheme of a constituent entity of the Russian Federation, within three days from the date of its approval, is sent to the authorized federal executive body and the heads of municipalities, in relation to the territories of which a territorial planning scheme of a constituent entity of the Russian Federation has been prepared.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
7. The right holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of a constituent entity of the Russian Federation, have the right to challenge the territorial planning scheme of a constituent entity of the Russian Federation in court.
8. Bodies of state power of the Russian Federation, bodies of state power of the subjects of the Russian Federation, bodies of local self-government, interested individuals and legal entities have the right to submit proposals for amending the territorial planning schemes of the subjects of the Russian Federation.
9. Amendments to the territorial planning schemes of the constituent entities of the Russian Federation must be carried out in accordance with the requirements provided for in parts 2-8 of this article.
10. The composition, the procedure for preparing draft schemes for territorial planning of the constituent entities of the Russian Federation, the procedure for making changes to such schemes are established in accordance with this Code by the laws of the constituent entities of the Russian Federation.
1. A draft territorial planning scheme for a constituent entity of the Russian Federation shall be subject to approval by the authorized federal executive body if the proposals contained in the said draft imply a change in the existing or, in accordance with the territorial planning documents of the Russian Federation, planned boundaries of forest fund lands, boundaries of defense lands and security, boundaries of lands of specially protected natural territories of federal significance, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of federal significance. The issues of placement of capital construction objects of regional importance, which may have a negative impact on the environment on the specified lands, territories and land plots, are also subject to agreement.
2. The draft scheme for territorial planning of a constituent entity of the Russian Federation is subject to agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation that have a common border with the constituent entity of the Russian Federation, which ensured the preparation of a draft of such a scheme, in order to respect the interests of these constituent entities of the Russian Federation in establishing zones with special conditions for use territories, zones of the planned placement of capital construction objects of regional importance, which may have a negative impact on the environment in the territories of these constituent entities of the Russian Federation.
3. The draft scheme for territorial planning of a constituent entity of the Russian Federation is subject to agreement with interested local governments in order to comply with the interests of the population of municipalities in the event that the proposals contained in the said draft involve changing the boundaries of land plots owned by municipalities, as well as in terms of accounting land use and development rules and the provisions on territorial planning contained in the territorial planning documents of municipalities. The issues of placement of capital construction objects of regional importance, which may have a negative impact on the environment in the territories of municipalities, are also subject to agreement.
4. Other issues, except for those specified in parts 1 - 3 of this article, cannot be subject to agreement in connection with the preparation of a draft territorial planning scheme for a constituent entity of the Russian Federation.
5. The term for agreeing on a draft scheme for territorial planning of a subject of the Russian Federation may not exceed three months from the date of its submission for approval to the bodies of state power and local self-government indicated in parts 1 - 3 of this article, respectively.
6. Conclusions on the draft scheme of territorial planning of the subject of the Russian Federation, sent by the bodies specified in parts 1 - 3 of this article, may contain a provision on agreement with such a project or disagreement with such a project with the rationale for the decision taken.
7. If the conclusions of the bodies specified in Parts 1-3 of this Article are not received by the highest executive body of state power of a constituent entity of the Russian Federation within the established period, the draft territorial planning scheme of the constituent entity of the Russian Federation shall be deemed agreed with such bodies.
8. In the event of receipt from one or more of the bodies specified in parts 1 - 3 of this article, conclusions containing provisions on disagreement with the draft territorial planning scheme of the subject of the Russian Federation with the rationale for the decision taken, the highest executive body of state power of the subject of the Russian Federation within thirty days from the date of expiry of the established term for the approval of such a project, decides on the establishment of a conciliation commission. The maximum period of work of the conciliation commission may not exceed three months.
9. Based on the results of the work, the conciliation commission submits to the highest executive body of state power of the constituent entity of the Russian Federation:
1) a document confirming the approval of a draft territorial planning scheme for a constituent entity of the Russian Federation and a draft territorial planning scheme for a constituent entity of the Russian Federation prepared for approval, as amended;
2) materials in text form and in the form of maps (schemes) on uncoordinated issues.
10. The documents and materials referred to in Part 9 of this Article may contain:
1) proposals to exclude from the draft scheme of territorial planning of the subject of the Russian Federation materials on uncoordinated issues (including by displaying them on the corresponding map (scheme) in order to fix uncoordinated issues until they are agreed upon);
2) a plan for coordinating the issues specified in paragraph 1 of this part after the approval of the territorial planning scheme of the constituent entity of the Russian Federation by preparing proposals for making appropriate changes to such a scheme.
11. Based on the documents and materials submitted by the conciliation commission, the highest executive body of state power of a constituent entity of the Russian Federation has the right to make a decision to approve the territorial planning scheme of a constituent entity of the Russian Federation or to reject the draft territorial planning scheme of a constituent entity of the Russian Federation and send it for revision.
12. The procedure for coordinating draft schemes for territorial planning of the constituent entities of the Russian Federation, the composition and procedure for the work of the conciliation commission are established by the Government of the Russian Federation.
1. The implementation of the territorial planning scheme of a constituent entity of the Russian Federation is carried out on the basis of a plan for the implementation of the territorial planning scheme of a constituent entity of the Russian Federation, which is approved by the highest executive body of state power of a constituent entity of the Russian Federation within three months from the date of approval of such a scheme.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
2. The implementation plan for the territorial planning scheme of a constituent entity of the Russian Federation contains:
1) the terms for preparing documentation on the planning of the territory for the placement of capital construction objects of regional significance, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;
2) terms of preparation of project documentation and terms of construction of capital construction projects of regional importance;
3) financial and economic justification for the implementation of the scheme of territorial planning of the subject of the Russian Federation.
1. Documents of territorial planning of municipalities are:
1) territorial planning schemes for municipal districts;
2) general plans of settlements;
3) general plans of city districts.
2. The composition, procedure for preparing documents for territorial planning of municipalities, the procedure for preparing changes and making them to such documents, as well as the composition, procedure for preparing plans for the implementation of such documents are established in accordance with this Code, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments.
3. The procedure for the coordination of territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission are established by the federal executive body authorized by the Government of the Russian Federation.
In accordance with Decree of the Government of the Russian Federation of January 26, 2005 N 40 (as amended on December 29, 2008), the procedure for agreeing on territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission when agreeing on territorial planning documents are established by the Ministry of Regional Development of the Russian Federation. Decree of the Government of the Russian Federation of March 24, 2007 N 178 approved the Regulations on the coordination of draft territorial planning schemes for constituent entities of the Russian Federation and draft documents for territorial planning of municipalities.
4. Documents of territorial planning of municipalities may be the basis for changing the boundaries of municipalities in the prescribed manner.
1. The territorial planning scheme of a municipal district includes maps (schemes) of the planned placement of capital construction facilities of local importance, including:
1) objects of electricity and gas supply within the boundaries of the municipal district;
2) public roads between settlements, bridges and other transport engineering structures outside the boundaries of settlements within the boundaries of the municipal district;
3) other objects, the location of which is necessary for the exercise of the powers of local governments of the municipal district.
2. The territorial planning scheme of a municipal district contains provisions on territorial planning and corresponding maps (schemes).
3. The provisions on territorial planning contained in the territorial planning scheme of a municipal district include:
1) goals and objectives of territorial planning;
2) a list of measures for territorial planning and an indication of the sequence of their implementation.
4. On the maps (schemes) contained in the territorial planning scheme of the municipal district, the following are displayed:
1) the existing and planned boundaries of settlements that are part of the municipal district;
2) the boundaries of lands of various categories within inter-settlement areas;
3) boundaries of territories of objects of cultural heritage;
4) boundaries of zones with special conditions for the use of territories;
5) the boundaries of land plots provided for the placement of capital construction objects of local importance or on which capital construction objects owned by the municipal district are located, as well as the boundaries of the zones of the planned placement of capital construction objects of local importance;
6) the boundaries of the zones of the planned placement of capital construction facilities in inter-settlement areas;
7) the boundaries of settlements located on inter-settlement territories.
(Clause 7 was introduced by Federal Law No. 232-FZ of December 18, 2006)
5. In order to approve the territorial planning scheme of the municipal district, the relevant materials are being prepared to substantiate its draft in text form and in the form of maps (diagrams).
6. Materials on the substantiation of the draft scheme of territorial planning of the municipal district in text form include:
1) substantiation of options for solving the problems of territorial planning;
2) a list of measures for territorial planning;
3) substantiation of proposals for territorial planning, stages of their implementation;
4) a list of the main risk factors for natural and man-made emergencies.
7. On the maps (schemes) as part of the materials on the justification of the draft territorial planning scheme of the municipal district, the following are displayed:
1) information on the state of the relevant territory, on possible directions of its development and on restrictions on its use;
2) proposals for territorial planning.
8. The information specified in clause 1 of part 7 of this article is displayed on the following maps (diagrams):
1) maps (schemes) of the use of the territory of the municipal district;
2) maps (schemes) of restrictions approved as part of territorial planning schemes of the Russian Federation, territorial planning schemes of constituent entities of the Russian Federation, master plans for settlements, including maps (schemes) of the boundaries of territories of cultural heritage sites, maps (schemes) of the boundaries of zones with special conditions use of territories, maps (schemes) of the boundaries of territories at risk of natural and man-made emergencies, maps (schemes) of the boundaries of zones of negative impact of capital construction objects of local importance in the case of the placement of such objects;
4) other maps (schemes).
9. The proposals specified in clause 2 of part 7 of this article are displayed on maps (schemes) that are used to make changes to them when agreeing on a draft territorial planning scheme for a municipal district and include:
1) maps (schemes) showing the zones of the planned placement of capital construction facilities in inter-settlement territories;
3) other maps (schemes).
1. The territorial planning scheme of a municipal district, including the introduction of amendments to such a scheme, shall be approved by the representative body of local self-government of the municipal district.
2. The preparation of a territorial planning scheme for a municipal district is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account integrated programs for the development of a municipal district, taking into account the provisions contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, general plans for settlements. on territorial planning, taking into account regional and (or) local standards for urban planning, approved in the manner prescribed by parts 5 and 6 of Article 24 of this Code, as well as taking into account the proposals of interested parties.
3. The draft scheme for territorial planning of a municipal district, prior to its approval, shall be subject, in accordance with Article 21
4. The draft scheme for territorial planning of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the municipal district (if there is an official website of the municipal district) in networks "Internet". The draft provisions provided for by Part 3 of Article 19 of this Code, and draft maps (schemes) or several maps (schemes), which display the information provided for by Part 4 of Article 19 of this Code, are subject to publication and placement.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
5. Interested persons have the right to submit their proposals on the draft scheme of territorial planning of the municipal district.
6. The territorial planning scheme of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the municipal district (if there is an official website of the municipal district) on the Internet. The provisions provided for by paragraph 3 of Article 19 of this Code, and a map (scheme) or several maps (schemes), which display information provided for by paragraph 4 of Article 19 of this Code, are subject to publication and placement. The scheme of territorial planning of a municipal district within three days from the date of its approval is sent to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the municipal district is located, local self-government bodies of settlements that are part of the municipal district and, as applied for the territories of which a territorial planning scheme of a municipal district has been prepared, local self-government bodies of municipal districts and local self-government bodies of urban districts that have a common border with a municipal district.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
7. The right holders of land plots and capital construction facilities, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of the municipal district, have the right to challenge the territorial planning scheme of the municipal district in court.
8. Bodies of state power of the Russian Federation, bodies of state power of the subjects of the Russian Federation, bodies of local self-government, interested individuals and legal entities shall have the right to submit proposals to the local self-government bodies of a municipal district on amendments to the scheme of territorial planning of a municipal district.
9. Amendments to the territorial planning scheme of a municipal district must be carried out in accordance with the requirements provided for in parts 2-7 of this article.
1. The draft scheme for territorial planning of a municipal district is subject to approval in the manner established by the federal executive body authorized by the Government of the Russian Federation, if the proposals contained in the said draft involve a change in the existing or, in accordance with the territorial planning schemes of the Russian Federation, planned boundaries of forest lands fund, boundaries of lands of specially protected natural territories of federal significance, boundaries of defense and security lands, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of federal significance. The issues of placement of capital construction facilities of local importance, which may have a negative impact on the environment on the specified lands, territories and land plots, are also subject to agreement.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
In accordance with Decree of the Government of the Russian Federation of January 26, 2005 N 40 (as amended on December 29, 2008), the Ministry of Regional Development of the Russian Federation establishes the procedure for coordinating territorial planning documents for municipalities. Decree of the Government of the Russian Federation of March 24, 2007 N 178 approved the Regulations on the coordination of draft territorial planning schemes for constituent entities of the Russian Federation and draft documents for territorial planning of municipalities.
2. The draft scheme for territorial planning of a municipal district is subject to approval by the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the municipal district is located, if the proposals contained in the said draft involve changing existing ones or in accordance with the territorial planning scheme of the constituent entity of the Russian Federation Federation of planned boundaries of agricultural lands, boundaries of lands of specially protected natural areas of regional significance, boundaries of land plots owned by a constituent entity of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of regional significance. The issues of placement of capital construction facilities of local importance, which may have a negative impact on the environment on the territory of a constituent entity of the Russian Federation, are also subject to agreement.
3. The draft scheme for territorial planning of a municipal district is subject to agreement with the interested local self-government bodies of the settlements that are part of the municipal district, if the proposals contained in the said project involve changing the boundaries of land plots owned by the settlements, as well as in terms of accounting land use and development rules and the provisions on territorial planning contained in the master plans of settlements. The issues of placement of capital construction objects of local importance, which may have a negative impact on the environment in the territory of the settlement, are also subject to agreement.
4. The draft territorial planning scheme of a municipal district is subject to agreement with the interested local governments of municipal districts and local governments of urban districts that have a common border with the municipal district, in order to respect the interests of the population of municipalities in establishing zones with special conditions for the use of territories, zones of planned placement capital construction projects of local importance, which may have a negative impact on the environment in the territory of the municipal district.
5. Other issues, except those specified in parts 1-4 of this article, cannot be considered when agreeing on a draft territorial planning scheme for a municipal district.
6. The term for agreeing on a draft scheme for territorial planning of a municipal district may not exceed three months from the date the local self-government body of the municipal district sends such a project for approval to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the municipal district is located, local self-government bodies of settlements that are part of a municipal district, local self-government bodies of municipal districts and local self-government bodies of urban districts that have a common border with a municipal district.
7. If the bodies specified in paragraph 6 of this article do not receive, within the established period, the local self-government body of the municipal district of conclusions on the draft territorial planning scheme of the municipal district, such a project shall be considered agreed with the said bodies.
8. Conclusions on the draft scheme of territorial planning of the municipal district may contain provisions on agreement with the draft scheme of territorial planning of the municipal district or disagreement with such a draft with justification of the decisions taken.
9. In the event of receipt from one or more of the bodies specified in Part 6 of this Article of conclusions containing provisions on disagreement with the draft territorial planning scheme of the municipal district with the rationale for the decisions taken, the head of the local administration of the municipal district, within thirty days from the date of expiration of the established period for agreeing on such project decides to establish a conciliation commission. The maximum period of work of the conciliation commission may not exceed three months.
10. Based on the results of the work, the conciliation commission submits to the head of the local administration of the municipal district:
1) a document on the approval of a draft scheme for territorial planning of a municipal district and a draft scheme for territorial planning of a municipal district prepared for its approval with amendments made to it;
2) materials in text form and in the form of maps (schemes) on uncoordinated issues.
1) proposals on the exclusion from the draft scheme of territorial planning of the municipal district of materials on uncoordinated issues (including by displaying them on the corresponding map (scheme) in order to fix the unagreed issues until they are agreed upon);
2) a plan for coordinating the issues specified in paragraph 1 of this part after the approval of the territorial planning scheme of the municipal district by preparing proposals for making appropriate changes to such a scheme.
12. Based on the documents and materials submitted by the conciliation commission, the head of the local administration of the municipal district has the right to decide on sending the draft scheme of territorial planning of the municipal district agreed or not agreed in a certain part to the representative body of local self-government of the municipal district or on rejecting the draft scheme of territorial planning of the municipal district. district and about sending it for revision.
1. The implementation of the scheme of territorial planning of the municipal district is carried out on the basis of the plan for the implementation of the scheme of territorial planning of the municipal district, which is approved by the head of the local administration of the municipal district within three months from the date of approval of such a scheme.
2. The implementation plan for the territorial planning scheme of a municipal district contains:
1) a decision on the preparation of draft rules for land use and development of inter-settlement territories in the event of planning the development of such territories or on amendments to the rules for land use and development;
2) the terms for preparing documentation on the planning of the territory for the placement of capital construction objects of local importance and capital construction objects in inter-settlement territories, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;
4) financial and economic justification for the implementation of the territorial planning scheme of the municipal district.
1. Preparation of master plans for settlements, master plans for urban districts (hereinafter also referred to as master plans) is carried out in relation to all territories of settlements, urban districts.
2. The preparation of the master plan of a settlement, the master plan of an urban district may be carried out in relation to individual settlements that are part of a settlement, urban district, with the subsequent introduction of amendments to the master plan relating to other parts of the territories of the settlement, urban district. The preparation of a master plan and the introduction of amendments to the master plan in terms of establishing or changing the boundaries of a settlement can also be carried out in relation to individual settlements that are part of a settlement, urban district.
3. General plans include maps (diagrams) of the planned placement of capital construction facilities of local importance, including:
1) objects of electricity, heat, gas and water supply to the population within the boundaries of a settlement, urban district;
2) public roads, bridges and other transport engineering structures within the boundaries of the settlements that are part of the settlement, within the boundaries of the urban district;
3) other objects, the location of which is necessary for the exercise of the powers of local governments of the settlement, local governments of the urban district.
4. General plans contain provisions on territorial planning and corresponding maps (diagrams).
5. Provisions on territorial planning contained in master plans include:
1) goals and objectives of territorial planning;
2) a list of measures for territorial planning and an indication of the sequence of their implementation.
6. The maps (schemes) contained in the master plans display:
1) the boundaries of the settlement, urban district;
2) the boundaries of the settlements that are part of the settlement, urban district;
(As amended by Federal Law No. 232-FZ of December 18, 2006)
3) the boundaries of agricultural land, the boundaries of lands for space activities, the boundaries of defense and security lands, the boundaries of other special purpose lands, the boundaries of forest fund lands, the boundaries of water fund lands, the boundaries of lands of specially protected natural areas of federal and regional significance;
4) existing and planned boundaries of industrial, energy, transport, and communications lands;
5) the boundaries of functional zones with the display of the parameters of the planned development of such zones;
6) boundaries of territories of objects of cultural heritage;
7) boundaries of zones with special conditions for the use of territories;
8) the boundaries of land plots that are provided for the placement of capital construction objects of federal, regional or local significance or on which capital construction objects are located in state or municipal ownership, as well as the boundaries of the zones of the planned placement of capital construction objects of federal, regional or local significance;
9) the boundaries of territories at risk of natural and man-made emergencies and the impact of their consequences;
10) boundaries of engineering and transport infrastructure zones.
7. In order to approve master plans, relevant materials are being prepared to justify their projects in text form and in the form of maps (diagrams).
8. Materials on the justification of draft master plans in text form include:
1) analysis of the state of the relevant territory, problems and directions of its integrated development;
2) substantiation of options for solving the problems of territorial planning;
3) a list of measures for territorial planning;
4) substantiation of proposals for territorial planning, stages of their implementation;
5) a list of the main risk factors for natural and man-made emergencies.
9. On maps (schemes) as part of materials on the justification of draft master plans, the following are displayed:
1) information on the state of the relevant territory, possible directions of its development and restrictions on its use;
2) proposals for territorial planning.
10. The information specified in clause 1 of part 9 of this article is displayed on the following maps (diagrams):
1) maps (schemes) of the use of the territory of the municipality showing the boundaries of land of various categories, other information on the use of the relevant territory;
2) maps (schemes) of restrictions approved as part of the territorial planning schemes of the Russian Federation, territorial planning schemes of constituent entities of the Russian Federation, territorial planning schemes of municipal districts (in the case of preparing master plans for settlements), including maps (schemes) of the boundaries of territories of cultural heritage sites , maps (schemes) of the boundaries of zones with special conditions for the use of territories, maps (schemes) of the boundaries of territories at risk of natural and man-made emergencies, maps (schemes) of the boundaries of zones of negative impact of capital construction objects of local importance in the case of the placement of such objects;
3) maps (schemes) showing the results of the analysis of the integrated development of the territory and the placement of capital construction facilities of local importance, including taking into account the results of engineering surveys;
4) other maps (schemes).
11. The proposals specified in clause 2 of part 9 of this article are displayed on maps (schemes) that are used to make changes to them when agreeing on draft master plans and include:
1) maps (diagrams) of the planned boundaries of functional zones showing the parameters of the planned development of such zones;
2) maps (schemes) showing the zones of the planned placement of capital construction facilities of local importance;
3) maps (diagrams) of the planned boundaries of the territories, the planning documentation of which is to be developed as a matter of priority;
4) maps (diagrams) of existing and planned boundaries of industrial, energy, transport, and communications lands;
5) other maps (schemes).
1. The general plan of a settlement, the general plan of an urban district, including the introduction of amendments to such plans, are approved respectively by the representative body of local self-government of the settlement, the representative body of local self-government of the urban district.
2. The decision to prepare a draft master plan, as well as decisions to prepare proposals for making amendments to the master plan, are taken respectively by the head of the local administration of the settlement, the head of the local administration of the urban district.
3. The preparation of a draft master plan is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account integrated programs for the development of municipalities, provisions on territorial planning contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, territorial planning schemes municipal districts (during the preparation of the master plan of the settlement), regional and (or) local standards for urban planning, the results of public hearings on the draft master plan, and also taking into account the proposals of interested parties.
4. Regional and local standards for urban design contain minimum design indicators for ensuring favorable conditions for human life (including social and domestic facilities, the availability of such facilities for the population (including the disabled), engineering infrastructure facilities, and landscaping).
5. The approval of regional standards for urban planning is carried out taking into account the characteristics of settlements, urban districts within the boundaries of a constituent entity of the Russian Federation. The composition, procedure for the preparation and approval of regional urban planning standards are established by the legislation of the constituent entities of the Russian Federation.
6. Approval of local standards for urban planning is carried out taking into account the characteristics of settlements within the boundaries of municipalities, inter-settlement territories. The composition, procedure for the preparation and approval of local standards for urban planning are established by regulatory legal acts of local governments. It is not allowed to approve local standards for urban planning that contain minimum design indicators for ensuring favorable conditions for human life activity that are lower than the calculated indicators for ensuring favorable conditions for human life activity contained in regional standards for urban design.
7. If there are objects of cultural heritage in the territories of a settlement, urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction objects located within the boundaries of the zones of protection of cultural heritage objects, in accordance with the legislation of the Russian Federation on the protection of cultural objects heritage and Article 27 of this Code.
8. Before its approval, the draft master plan is subject, in accordance with Article 25 of this Code, to mandatory approval in the manner established by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
9. The draft master plan is subject to publication in the manner established for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the urban district ( if there is an official website of the city district) on the Internet. The draft provisions on territorial planning provided for by Part 5 of Article 23 of this Code, and draft maps (schemes) or several maps (schemes), which display the information provided for by Part 6 of Article 23 of this Code, are subject to publication and placement.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
10. Interested parties have the right to submit their proposals for the draft master plan.
11. The draft master plan is subject to mandatory consideration at public hearings held in accordance with Article 28 of this Code.
12. The minutes of public hearings on the draft master plan, the conclusion on the results of such public hearings are a mandatory annex to the draft master plan sent by the head of the local administration of the settlement, the head of the local administration of the urban district, respectively, to the representative body of local self-government of the settlement, the representative body of local self-government of the urban district.
13. The representative body of local self-government of the settlement, the representative body of local self-government of the city district, taking into account the protocols of public hearings on the draft master plan and the conclusion on the results of such public hearings, decide to approve the master plan or to reject the draft master plan and send it to the head of the local administration, respectively. settlement, to the head of the local administration of the urban district for revision in accordance with the indicated protocols and conclusion.
14. The general plan is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) in the network " Internet". The provisions provided for by Part 5 of Article 23 of this Code, and a map (scheme) or several maps (schemes) on which the information provided for by Part 6 of Article 23 of this Code is displayed are subject to publication and placement. The master plan, within three days from the date of its approval, is sent to the highest executive body of state power of the constituent entity of the Russian Federation within whose boundaries the settlement, urban district is located, and to the head of the municipal district within whose boundaries the settlement is located (if the master plan of the settlement is approved).
(as amended by Federal Law No. 210-FZ of December 31, 2005)
15. Owners of land plots and capital construction facilities, if their rights and legitimate interests are violated or may be violated as a result of the approval of the master plan, have the right to challenge the master plan in court.
16. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, interested individuals and legal entities have the right to apply to the head of the local administration of the settlement, the head of the local administration of the urban district with proposals for amending the master plan.
17. Amendments to the master plan are carried out in accordance with parts 2 - 14 of this article.
18. Amendments to the master plan that provide for changing the boundaries of settlements for the purpose of housing construction or determining recreational areas are carried out without holding public hearings.
(Part eighteen was introduced by Federal Law No. 232-FZ of December 18, 2006)
1. The draft master plan is subject to approval in the manner established by the federal executive body authorized by the Government of the Russian Federation, if the proposals contained in such a draft imply a change in the existing or, in accordance with the territorial planning schemes of the Russian Federation, planned boundaries of forest fund lands, boundaries lands of specially protected natural territories of federal significance, boundaries of defense and security lands, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of federal significance. The issues of placement of capital construction facilities of local importance, which may have a negative impact on the environment on the specified lands, territories and land plots, are also subject to agreement.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
2. The draft master plan is subject to approval by the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the settlement, urban district are located, if the proposals contained in the specified draft involve changes to existing ones or in accordance with the territorial planning scheme of the constituent entity of the Russian Federation planned boundaries of agricultural lands, boundaries of lands of specially protected natural areas of regional significance, boundaries of land plots owned by a constituent entity of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction objects of regional significance. The issues of placement of capital construction facilities of local importance, which may have a negative impact on the environment on the territory of a constituent entity of the Russian Federation, are also subject to agreement.
3. The draft master plan is subject to agreement with the interested local self-government bodies of municipalities that have a common border with the settlement, urban district, which prepared the draft master plan, in order to comply with the interests of the population of municipalities when establishing zones with special conditions for the use of territories, zones of the planned placement of capital construction of local importance, which may have a negative impact on the environment in the territories of such municipalities.
4. The draft master plan of a settlement is subject to approval by the local self-government bodies of the municipal district within whose boundaries the settlement is located, in terms of taking into account the provisions on territorial planning contained in the territorial planning scheme of the municipal district. The issues of placement of capital construction facilities of local importance, which may have a negative impact on the environment on the territory of such a municipal district, are also subject to agreement.
5. Other issues, except for those specified in parts 1-4 of this article, cannot be considered when agreeing on a draft master plan.
6. The authorized federal executive body, in the cases established by the Government of the Russian Federation, sends the draft master plan submitted for approval to the state expertise, carried out in the manner prescribed by Article 29 of this Code.
7. The term for approval of the draft master plan is three months from the date of sending the head of the settlement or the head of the urban district for approval of the draft master plan to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within the boundaries of which the settlement or urban district is located, bodies local self-government of municipalities that have a common border with the settlement, urban district, as well as to the local self-government bodies of the municipal district within whose boundaries the settlement is located (in the case of preparing a draft master plan for the settlement).
8. In the event that the head of the settlement, the head of the city district fails to receive conclusions on the draft master plan from the bodies specified in part 7 of this article, this project is considered agreed with such bodies.
9. Conclusions on the draft master plan may contain provisions on agreement with such a draft or disagreement with such a draft, with justification of the reasons for such a decision. In the event of receipt from one or more of the bodies specified in Part 7 of this Article of conclusions containing provisions on disagreement with the draft master plan with the rationale for the decision taken, the head of the local administration of the settlement, the head of the local administration of the city district within thirty days from the date of expiration of the deadline for agreeing on the project of the master plan decide on the establishment of a conciliation commission. The maximum period of work of the conciliation commission may not exceed three months.
10. Based on the results of the work, the conciliation commission submits to the head of the local administration of the settlement, the head of the local administration of the urban district:
1) a document on the approval of the draft master plan and the draft master plan prepared for approval with the amendments made to it;
2) materials in text form and in the form of maps (schemes) on uncoordinated issues.
11. The documents and materials referred to in paragraph 10 of this Article may contain:
1) proposals to exclude from the draft master plan materials on uncoordinated issues (including by displaying them on the corresponding map (scheme) in order to fix unagreed issues until they are agreed upon);
2) a plan for coordinating the issues specified in paragraph 1 of this part after the approval of the master plan by preparing proposals for making appropriate changes to such a master plan.
12. Based on the documents and materials submitted by the conciliation commission, the head of the local administration of the settlement, the head of the local administration of the city district has the right to decide on sending the draft master plan, agreed or not agreed in a certain part, to the representative body of local self-government of the settlement, the representative body of local self-government of the city district or on the rejection of such a project and on sending it for revision.
1. The implementation of the master plan of the settlement is carried out on the basis of the plan for the implementation of the master plan of the settlement, which is approved by the head of the local administration of the settlement, the implementation of the master plan of the urban district - on the basis of the plan for the implementation of the master plan of the urban district, which is approved by the head of the local administration of the urban district, within three months from date of approval of the relevant master plan.
2. The master plan implementation plan contains:
1) a decision to prepare a draft land use and development rules or to amend the land use and development rules;
2) the terms for preparing documentation on the planning of the territory for the placement of capital construction objects of local importance, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;
3) terms of preparation of project documentation and terms of construction of capital construction facilities of local importance;
4) financial and economic justification for the implementation of the master plan.
1. Joint preparation of draft territorial planning documents can be carried out in order to ensure the sustainable development of territories through a comprehensive solution of territorial planning issues, in order to plan the placement of capital construction objects of federal, regional or local significance in the territories of several constituent entities of the Russian Federation, several municipalities, or planning the placement of objects capital construction of regional or local significance in the territories of other constituent entities of the Russian Federation or other municipalities, in order to establish restrictions on the use of land plots and capital construction facilities located within the protection zones of cultural heritage objects of federal or regional significance.
2. Joint preparation of draft territorial planning documents can be carried out:
1) federal executive authorities and executive authorities of the constituent entities of the Russian Federation;
2) executive authorities of the constituent entities of the Russian Federation;
3) executive authorities of the constituent entities of the Russian Federation and local governments;
4) local self-government bodies of municipalities.
3. The initiative to jointly prepare drafts of territorial planning documents has the right to act:
1) federal executive bodies;
2) the highest executive bodies of state power of the constituent entities of the Russian Federation;
3) local governments.
4. Proposals on the joint preparation of draft territorial planning documents must contain provisions on the organization of coordinated work related to the preparation of draft territorial planning documents in terms of their content, scope and timing of funding.
5. For the purpose of joint preparation of draft territorial planning documents in accordance with part 2 of this article, federal executive bodies, the highest executive bodies of state power of the constituent entities of the Russian Federation, local governments that have received proposals specified in part 4 of this article, within thirty days from the date their receipts must send a response on giving consent to the joint preparation of draft territorial planning documents or on the refusal to jointly prepare draft territorial planning documents.
6. Refusal to jointly prepare territorial planning documents is not allowed if a proposal is received from the highest executive body of state power of a constituent entity of the Russian Federation or a local self-government body on planning the placement of a capital construction object of regional significance or a capital construction object of local significance on the territory of another constituent entity of the Russian Federation or territory of another municipality, as well as proposals to establish restrictions on the use of territories within the boundaries of the protection zones of cultural heritage objects of federal or regional significance.
7. If a response is received on giving consent to the joint preparation of draft territorial planning documents, on the basis of a joint decision of the parties, a commission is created for the joint preparation of draft territorial planning documents (hereinafter referred to as the commission for joint preparation of projects).
8. The commission for joint preparation of projects is created on the terms of equal representation of the parties.
9. The commission for joint preparation of projects shall ensure the observance of the interests of the bodies indicated in part 5 of this article and the coordination of their activities in the preparation of draft territorial planning documents.
10. Joint preparation of draft territorial planning documents should be carried out taking into account the requirements provided for in articles , , and this Code.
11. If, during the joint preparation of a draft territorial planning document, proposals for the placement of capital construction objects of regional or local significance in the territory of another subject of the Russian Federation or the territory of another municipality are not agreed upon, the issue of placing such objects is resolved in court.
12. A territorial planning document, the joint preparation of which was carried out in accordance with this article, is approved by a state authority or local government in accordance with the competence established by articles , , and this Code.
13. The procedure for the joint preparation of draft documents for territorial planning, the composition, procedure for the creation and activities of the commission for the joint preparation of projects may be established by the Government of the Russian Federation.
1. In order to comply with the human right to favorable living conditions, the rights and legitimate interests of the right holders of land plots and capital construction projects, public hearings on draft master plans, including amendments to them (hereinafter referred to as public hearings), with the participation of residents of settlements, city districts are carried out without fail.
2. The procedure for organizing and holding public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, subject to the provisions of this article.
3. Public hearings are held in each locality of the municipality. When making changes to the master plans, public hearings are held in the settlements, in respect of the territories of which it is proposed to amend the master plans, as well as in the settlements that have a common border with the indicated settlements.
4. When holding public hearings, in order to ensure equal opportunities for all interested persons to participate in public hearings, the territory of a settlement may be divided into parts. The maximum number of persons residing or registered in such a part of the territory is established by the laws of the constituent entities of the Russian Federation based on the requirement to provide all interested persons with equal opportunities to express their opinion.
5. In order to communicate to the public information about the content of the draft master plan, the local self-government body of the settlement or the local self-government body of the urban district authorized to hold public hearings must organize exhibitions, expositions of demonstration materials of the draft master plan, speeches by representatives of local self-government bodies, developers of the draft master plan plan at meetings of residents, in the print media, on radio and television.
6. Participants in public hearings have the right to submit their proposals and comments regarding the draft master plan to the local self-government body of the settlement or the local self-government body of the urban district authorized to hold public hearings for inclusion in the protocol of public hearings.
7. The conclusion on the results of public hearings is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) on the Internet.
(as amended by Federal Law No. 210-FZ of December 31, 2005)
8. The period for conducting public hearings from the moment the residents of the municipality are notified of the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month or more three months.
9. The head of the local administration, taking into account the conclusion on the results of public hearings, decides:
(as amended by Federal Law No. 281-FZ of December 25, 2008)
1) on agreement with the draft master plan and sending it to the representative body of the municipality;
2) on the rejection of the draft master plan and on sending it for revision.
1. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, associations of citizens, on their own initiative, may submit draft territorial planning documents for state expertise. The costs associated with the state examination of a draft territorial planning document shall be borne by the persons on whose initiative the draft territorial planning document is sent for state examination.
2. The state examination of draft territorial planning documents of the Russian Federation is carried out by the federal executive body authorized to conduct state examination of draft territorial planning documents, or by a state (budgetary or autonomous) institution subordinate to it. State expertise of draft territorial planning documents, with the exception of draft territorial planning documents of the Russian Federation, is carried out by the executive authority of the constituent entity of the Russian Federation authorized to conduct state expertise of draft territorial planning documents, or by a state (budget or autonomous) institution subordinate to it.
(As amended by the Federal Laws of December 31, 2005 N 199-FZ, of July 24, 2007 N 215-FZ)
3. In the case established by paragraph 6 of Article 25 of this Code, the state examination is carried out free of charge.
4. The term for the state examination of draft territorial planning documents should not exceed six months.
5. The result of the state expertise of a draft territorial planning document is a conclusion on the compliance of this project with the requirements of technical regulations and the requirements of the rational organization of the territory (positive conclusion) or on the non-compliance of the draft territorial planning document with the requirements of technical regulations and the requirements of the rational organization of the territory (negative conclusion).
6. Submitting a draft territorial planning document for state expertise or receiving a negative conclusion from the state expertise of a draft territorial planning document is not an obstacle to the approval of a territorial planning document.
7. The conclusion of the state examination of the draft document of territorial planning may be challenged by interested parties in a judicial proceeding.
8. The procedure for the state examination of draft territorial planning documents, the amount of the fee for the state examination of draft territorial planning documents and the procedure for its collection are established by the Government of the Russian Federation.
The documents of territorial planning of municipalities are:
1) territorial planning schemes for municipal districts;
2) general plans of settlements;
3) general plans of city districts.
For the effective use of territorial planning documents, it is necessary that:
Employees of district, city, regional and rural administrations, on which the choice of development paths for the territories entrusted to them depends, were able to apply these tools in practice, which means that this needs to be learned somewhere;
Documents of territorial planning must find their place in the system of decision-making on the development of territories - which means that one must at least look for them;
Territorial planning documents must be qualitatively implemented, discussed and agreed upon. But in order to win tenders, many contractors significantly “fall” in the terms and prices for the development of terplanning documents. The conditions to which they are forced to agree do not correspond to the scale of real tasks, so doubts about the quality of the documents being issued are more than justified.
The territorial planning scheme (STP) is, on the one hand, a necessary stage in documenting the process of economic development of the territory, on the other hand, it is a tool for determining possible directions for development.
The need to develop STP is dictated by the Town Planning Code of the Russian Federation. This is a mandatory type of documentation that the administrations of municipalities must have in order to be able to resolve issues of land and property relations and allow new construction and reconstruction of objects of various functional purposes on their territory. Federal Law No. 191_FZ of December 29, 2004 obliges to complete the development of the STP by 01/01/2010.
It should be noted that STP is a necessary but not sufficient condition for solving these issues. The same Town Planning Code prescribes the development at previous stages of the STP of Russia, the constituent entities of the Russian Federation, and on the basis of the STP of the regions, documents of the following level of detail: master plans for urban or rural settlements, rules for land use and development, detailed planning projects for specific areas of new construction or reconstruction residential and industrial facilities. This is an important circumstance for understanding that STP cannot answer all questions at once. Legislation provides for their gradual solution as the scale of consideration of the territory is enlarged.
The master plan (general plan, GP) in the general sense is a project document, on the basis of which planning, building, reconstruction and other types of urban development of territories are carried out. The main part of the general plan (also called the general plan itself) is a large-scale image obtained by the method of graphic overlay of the drawing of the projected object on the topographic, engineering-topographic or photographic plan of the territory. At the same time, the design object can be both a land plot with a separate architectural structure located on it, and the territory of an entire city or municipal district.
General plan - a scientifically based long-term plan for the development of the city (in relation to the old city - its reconstruction and further development) or any other settlement. According to the Town Planning Code of the Russian Federation, it is one of the main documents of territorial planning.
The terms for the implementation of the master plan are specified in a special document - the plan for the implementation of the master plan, adopted no later than 3 months from the date of approval of the corresponding master plan, and, as a rule, are about 20 years.
Any master plan contains an analytical block and a project proposal block. Each of them, in turn, includes graphic materials presented in the form of maps (diagrams), and a text part. Among the mandatory schemes as part of the master plan, the Town Planning Code of the Russian Federation provides for:
Scheme of facilities for electricity, heat, gas and water supply to the population within the boundaries of the city;
Scheme of public roads, bridges and other transport engineering structures within the boundaries of settlements;
Scheme of the use of the territory of the municipality with the display of the boundaries of lands of various categories, other information on the use of the relevant territory;
Scheme of the boundaries of the territories of cultural heritage sites;
Scheme of the boundaries of zones with special conditions for the use of territories;
Scheme of the boundaries of territories at risk of natural and man-made emergencies;
Scheme of the boundaries of the zones of negative impact of capital construction objects of local importance in the case of the placement of such objects;
Scheme of the planned boundaries of functional zones with the display of the parameters of the planned development of such zones;
Schemes showing the zones of the planned placement of capital construction objects of local importance;
Maps (schemes) of the planned boundaries of the territories, the planning documentation for which is to be developed as a matter of priority;
Scheme of existing and planned boundaries of lands of industry, energy, transport, communications.
Master plans of cities and settlements in different countries are different in name, composition, functions and legal status. Reconstruction, building and development of the territories of a number of large cities is carried out without any single document of planning and zoning of the territory. In Russia, as in many Western countries, the general plan as a legal document is advisory in nature, that is, it is not a source of urban planning law. At the level of the city, settlements, the rules of land use and development, including the map of urban zoning, urban planning regulations, act as such. With the transition of the country to market rails, there is a gradual reduction in the duration and reduction of the urban regulatory role of the general plan in favor of documents of a lower level - planning and land surveying projects.
Introduction
self-government territorial town-planning
Territorial planning documents are the most important element in the development of regional, district and local investment programs, the formation of a list of investment projects financed from the regional and local budgets, schemes and projects for the development of engineering, transport and social infrastructures, territorial integrated schemes for nature management, protection of territories from emergency situations.
In general, territorial planning is aimed at determining the purpose of territories; at the same time, it is necessary to take into account the totality of social, economic, environmental and other factors; the goals of territorial planning are to ensure the sustainable development of territories, the development of engineering, transport and social infrastructures, ensuring that the interests of citizens, society and authorities are taken into account (part 1 of article 9 of the Town Planning Code of the Russian Federation).
With the entry into force of the new Town Planning Code of the Russian Federation, a new system for planning the development of territories began to take shape, which includes the territory of the Russian Federation as a whole, and the territories of the constituent entities of the Russian Federation, and the territories of municipalities.
Accordingly, the subjects of planning for the development of territories (territorial planning), along with the Russian Federation and the constituent entities of the Russian Federation, are municipalities represented by their local governments. In this regard, the lists of issues of local importance of municipalities with different status include issues in the field of territorial planning for each of the categories of municipalities.
A feature of the preparation of territorial planning documents at the present time is the fact that at the same time, strategic planning of their development is carried out in municipalities, and it is necessary to ensure the consistency of these documents with the concepts, strategies, strategic plans and plans for the integrated socio-economic development of municipalities
1. Powers of local governments in the field of territorial planning
The powers of local self-government bodies of settlements in the field of territorial planning include:
preparation and approval of territorial planning documents for settlements;
approval of local standards for urban planning of settlements;
approval of rules for land use and development of settlements;
approval of the territory planning documentation prepared on the basis of territorial planning documents for settlements, with the exception of cases provided for by the Town Planning Code of the Russian Federation;
The powers of local self-government bodies of municipal districts in the field of territorial planning include:
preparation and approval of territorial planning documents for municipal districts;
approval of local standards for urban planning of inter-settlement territories;
approval of the rules for land use and development of the relevant inter-settlement areas;
approval of the territory planning documentation prepared on the basis of territorial planning documents for municipal districts, with the exception of cases provided for by the Town Planning Code of the Russian Federation;
maintenance of information systems for urban planning activities carried out in the territories of municipal districts.
The powers of local self-government bodies of urban districts in the field of territorial planning include:
preparation and approval of documents for territorial planning of urban districts;
approval of local standards for urban planning of urban districts;
approval of rules for land use and development of urban districts;
approval of territory planning documentation prepared on the basis of territorial planning documents for urban districts, with the exception of cases provided for by the Town Planning Code of the Russian Federation;
maintenance of information systems for ensuring urban planning activities carried out in the territories of urban districts;
making decisions on the development of built-up areas.
On issues of territorial planning (as well as urban planning activities in general), municipal legal acts are adopted that should not contradict the Town Planning Code of the Russian Federation.
2. Documents of territorial planning of municipalities
According to article 18 of the Town Planning Code of the Russian Federation, the documents of territorial planning of municipalities are:
) territorial planning schemes for municipal districts;
) master plans of settlements;
) general plans of urban districts.
The composition, procedure for preparing documents for territorial planning of municipalities, the procedure for preparing changes and making them to such documents, as well as the composition, procedure for preparing plans for the implementation of such documents are established in accordance with this Code, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government.
In accordance with Decree of the Government of the Russian Federation of January 26, 2005 No. 40 (as amended on December 29, 2008), the procedure for approving territorial planning documents of municipalities, the composition and procedure for the conciliation commission when approving territorial planning documents are established by the Ministry of Regional Development of the Russian Federation.
Decree of the Government of the Russian Federation dated March 24, 2007 No. 178 approved the Regulations on the coordination of draft territorial planning schemes for the constituent entities of the Russian Federation and draft documents for territorial planning of municipalities.
The procedure for the coordination of territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission are established by the federal executive body authorized by the Government of the Russian Federation. (as amended by Federal Law No. 160-FZ of July 23, 2008)
Documents of territorial planning of municipalities may be the basis for changing the boundaries of municipalities in the prescribed manner.
3. Stages of preparation of urban planning documentation
stage. The preliminary (organizational) stage includes the following actions: making a decision on the development of urban planning documentation based on the appropriate justification prepared by the body authorized to carry out urban planning activities; determination of the source of financing, preparation of tender documentation and organization of tenders (competition); selection of a developer and conclusion of an agreement with him;
stage. The preparatory stage includes: the study by the developer of the town-planning situation; collection and analysis of initial data on the current state and use of the territory of the municipality; about statistical data; on regulatory and legal support and socio-economic programs; about topographic support; about the data of the state land cadastre; on adopted and planned urban planning decisions on the placement of objects of local, regional and federal significance; on the current urban planning documentation; on existing electronic data on the current state and use, as well as planned changes in the territory of the municipality;
stage. The development of urban planning documentation includes various works (depending on the type of urban planning documentation and design specifications) of architects, engineers of many specializations, economists, lawyers, environmentalists, system analysts, programmers and other specialists in the field of urban design. As part of the third stage, work is being carried out to coordinate the schemes of the current state and use of territories (basic plans), as well as preliminary coordination of scenarios for urban development of territories (main project proposals);
stage. The final stage includes the processes of: coordination with the local authorities of the municipality and their structural subdivisions; coordination with the network services of the municipality, which are in charge of energy supply systems; with local self-government bodies of municipalities that have a common border with the municipality, with state authorities of the constituent entity of the Russian Federation, which includes the municipality, with federal state authorities in the cases and in the manner provided for by the Civil Code of the Russian Federation (in relation to the documents of territorial planning of municipalities ); coordination with authorized departmental federal or regional territorial bodies; holding public hearings in cases stipulated by the Civil Code of the Russian Federation.
stage. Approval of urban planning documentation. Development and adoption of a plan for the implementation of urban planning documentation (this stage in most cases is not included in the set of tasks for preparing urban planning documentation, but we included it in this list quite deliberately so that all participants in these processes at any stage think about this fifth, most important stage, result-oriented rather than being overly involved in the process itself).
Now, after a general description of the processes of preparing urban planning documentation, we are able to present an indicative list of participants in the identified processes by groups united by common tasks:
Group. Local self-government bodies: the head of the municipality (head of the local administration), deputy heads for construction, property relations, investments, economics, etc.; body authorized to carry out urban planning activities (body of architecture and urban planning) - customers of urban planning documentation.
Group. State authorities authorized to carry out urban planning activities. Territorial bodies authorized to exercise control functions.
Group. Network services, which are in charge of engineering and transport services systems.
Group. The population of a city or other settlement, including property owners, investors, developers and other business representatives.
Group. Organizations - developers of urban planning documentation.
4. Preparation of documents for territorial planning of municipalities
The preparation of a territorial planning scheme for a municipal district is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account integrated programs for the development of a municipal district, taking into account the provisions on territorial planning contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of constituent entities of the Russian Federation, planning, taking into account regional and (or) local standards for urban planning, as well as taking into account the proposals of interested parties.
The draft territorial planning scheme of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the municipal district (if there is an official website of the municipal district) in the network " Internet". The draft provisions on territorial planning and draft maps (schemes) or several maps (schemes) contained in the territorial planning scheme (see above) are subject to publication and placement.
Interested persons have the right to submit their proposals on the draft scheme of territorial planning of the municipal district.
Preparation of the master plan of the settlement, the master plan of the urban district. The decision to prepare a draft master plan is made respectively by the head of the local administration of the settlement, the head of the local administration of the urban district.
The preparation of the draft master plan is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account integrated programs for the development of municipalities, provisions on territorial planning contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, territorial planning schemes of municipal districts (during the preparation of the master plan of the settlement), regional and (or) local urban planning standards, the results of public hearings on the draft master plan, and also taking into account the proposals of interested parties.
Regional and local standards for urban design contain minimum design indicators for ensuring favorable conditions for human life (including social and domestic facilities, the availability of such facilities for the population (including the disabled), engineering infrastructure facilities, and landscaping).
Approval of regional standards for urban planning is carried out taking into account the characteristics of settlements, urban districts within the boundaries of a constituent entity of the Russian Federation. The composition, procedure for the preparation and approval of regional urban planning standards are established by the legislation of the constituent entities of the Russian Federation.
Approval of local standards for urban planning is carried out taking into account the characteristics of settlements within the boundaries of municipalities, inter-settlement territories. The composition, procedure for the preparation and approval of local standards for urban planning are established by regulatory legal acts of local governments. It is not allowed to approve local standards for urban planning that contain minimum design indicators for ensuring favorable conditions for human life activity that are lower than the calculated indicators for ensuring favorable conditions for human life activity contained in regional standards for urban design.
If there are objects of cultural heritage in the territories of a settlement, an urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction objects located within the boundaries of the zones of protection of cultural heritage objects must be taken into account.
The draft master plan is subject to publication in the manner established for the official publication of municipal legal acts, other official information, at least three months before its approval and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the urban district (if there is official website of the city district) on the Internet. The draft provisions on territorial planning, and draft maps (schemes) or several maps (schemes) contained in the master plan are subject to publication and placement.
Interested parties have the right to submit their proposals for the draft master plan.
The draft master plan is subject to mandatory consideration at public hearings, which are held in order to respect the human right to favorable living conditions, the rights and legitimate interests of the right holders of land plots and capital construction projects.
The procedure for organizing and holding these public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, subject to the following provisions.
Public hearings are held in each locality of the municipality.
When holding public hearings, in order to ensure equal opportunities for all interested persons to participate in public hearings, the territory of a settlement may be divided into parts. The maximum number of persons residing or registered in such a part of the territory is established by the laws of the constituent entities of the Russian Federation based on the requirement to provide all interested persons with equal opportunities to express their opinion.
In order to communicate to the public information about the content of the draft master plan, the local self-government body of the settlement or the local self-government body of the urban district authorized to hold public hearings must organize exhibitions, expositions of demonstration materials of the draft master plan, speeches by representatives of local governments, developers of the draft master plan at meetings of residents, in the print media, on radio and television.
Participants in public hearings have the right to submit their proposals and comments regarding the draft master plan to the local self-government body of the settlement or the local self-government body of the city district authorized to hold public hearings for inclusion in the protocol of public hearings.
The conclusion on the results of public hearings is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) in the network "Internet".
The term for conducting public hearings from the moment the residents of the municipality are notified of the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month and more than three months .
The head of the local administration, taking into account the conclusion on the results of public hearings, decides:
on agreement with the draft master plan and sending it to the representative body of the municipality;
on the rejection of the draft master plan and on sending it for revision.
5. The composition of the territorial planning documents of the constituent entities of the Russian Federation, their coordination and implementation
The preparation of territorial planning schemes for the constituent entities of the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account programs in the field of state economic, environmental, social, cultural and national development of the constituent entities of the Russian Federation, the provisions on territorial planning contained in territorial planning documents Russian Federation, territorial planning documents of municipalities, as well as taking into account the proposals of interested parties.
The diagrams should show:
.The boundaries of municipalities (urban districts, municipal districts, settlements included in the subject of the Russian Federation.
.Borders of forest fund lands, borders of lands of specially protected natural areas of regional significance, borders of defense and security lands.
.The boundaries of agricultural land and the boundaries of agricultural land within the composition of agricultural land and the planned boundaries of such land.
.The boundaries of land plots provided for the placement of objects of regional significance or on which objects of capital construction are located, related to the property of a constituent entity of the Russian Federation.
.Schemes of territories for the placement of objects of regional importance (energy systems, transport, communication lines, communication informatics, linear objects that ensure the activities of natural monopolies).
.The boundaries of territories and objects with established restrictions on use, related to the sphere of territorial planning of the Russian Federation and located within the subject of the Russian Federation.
Territorial planning schemes for subjects of the Russian Federation are agreed upon by the highest authority in relation to the subject and interested local governments, are subject to official publication, including on the official website of the subject of the Russian Federation on the Internet. The period for agreeing on a draft scheme for territorial planning of a constituent entity of the Russian Federation may not exceed three months from the date of its submission for approval.
In case of violation of the rights of owners of land plots and capital construction projects as a result of the approval of the territorial planning scheme of a constituent entity of the Russian Federation, they have the right to challenge these schemes in court (clause 7, article 15 of the Town Planning Code of the Russian Federation).
The implementation of the territorial planning scheme of the subject of the Russian Federation is carried out on the basis of the plan for the implementation of the territorial planning scheme of the Russian Federation, which is approved by the highest executive body of state power of the subject of the Russian Federation within three months from the date of approval of such a scheme.
6. Approval of documents of territorial planning of municipalities and making changes to them
The territorial planning scheme of a municipal district, including the introduction of amendments to such a scheme, is approved by the representative body of local self-government of the municipal district.
The territorial planning scheme of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the municipal district (if there is an official website of the municipal district) on the Internet.
The scheme of territorial planning of a municipal district within three days from the date of its approval is sent to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the municipal district is located, local self-government bodies of settlements that are part of the municipal district and, as applied for the territories of which a territorial planning scheme of a municipal district has been prepared, local self-government bodies of municipal districts and local self-government bodies of urban districts that have a common border with a municipal district.
Owners of land plots and capital construction facilities, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of the municipal district, have the right to challenge the territorial planning scheme of the municipal district in court.
State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, interested individuals and legal entities have the right to submit proposals to the local governments of a municipal district on amendments to the territorial planning scheme of a municipal district.
Amendments to the territorial planning scheme of a municipal district must be carried out in accordance with the requirements provided for the preparation and approval of these documents.
7. Implementation of territorial planning documents of municipalities
The implementation of the territorial planning scheme of the municipal district is carried out on the basis of the plan for the implementation of the territorial planning scheme of the municipal district, which is approved by the head of the local administration of the municipal district within three months from the date of approval of such a scheme.
The implementation plan for the territorial planning scheme of the municipal district contains:
a decision on the preparation of draft rules for land use and development of inter-settlement territories in the event of planning the development of such territories or on amendments to the rules for land use and development;
terms of preparation of documentation on the planning of the territory for the placement of capital construction objects of local importance and capital construction objects in inter-settlement territories, on the basis of which the boundaries of land plots for the placement of such objects are determined or specified;
terms of preparation of project documentation and terms of construction of capital construction facilities of local importance;
financial and economic substantiation of the implementation of the scheme of territorial planning of the municipal district.
8. Features of the preparation of documentation for the planning of the territory, developed on the basis of the decision of the local government of the settlement or the local government of the urban district
The decision to prepare the territory planning documentation is made by the local self-government body of the settlement or the local self-government body of the urban district at the initiative of these bodies or on the basis of proposals from individuals or legal entities on the preparation of territory planning documentation.
The specified decision is subject to publication in the manner established for the official publication of municipal legal acts, other official information, within three days from the date of adoption of such a decision and is posted on the official website of the settlement (if there is an official website of the settlement) or on the official website of the urban district (if there is official website of the city district) on the Internet.
From the date of publication of the decision on the preparation of documentation for the planning of the territory, individuals or legal entities have the right to submit to the local self-government body of the settlement or the local self-government body of the urban district their proposals on the procedure, terms for the preparation and content of the documentation for the planning of the territory.
The local self-government body of a settlement or the local self-government body of an urban district checks the territory planning documentation for compliance with the established requirements. Based on the results of the inspection, these bodies make an appropriate decision to send documentation on the planning of the territory to the head of the settlement, the head of the urban district or to reject such documentation and send it for revision.
Territory planning projects and land surveying projects prepared as part of the territory planning documentation on the basis of a decision of the local self-government body of the settlement or the local self-government body of the urban district, prior to their approval, are subject to mandatory consideration at public hearings.
The procedure for organizing and holding public hearings on a territory planning project and a territory surveying project is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, taking into account the following features:
in order to comply with the human right to favorable living conditions, the rights and legitimate interests of the right holders of land plots and capital construction projects, public hearings on the territory planning project and the territory surveying project are held with the participation of citizens living in the territory, in relation to which the draft planning and project are being prepared its land surveying, owners of land plots and capital construction facilities located in the specified territory, persons whose legitimate interests may be violated in connection with the implementation of such projects;
when holding public hearings on the project of planning the territory and the project of surveying the territory, all interested persons must be provided with equal opportunities to express their opinion;
participants in public hearings on the territory planning project and the territory surveying project have the right to submit their proposals and comments regarding the territory planning project or the territory surveying project to the local self-government body of the settlement or the local government body of the urban district authorized to hold public hearings for inclusion in the protocol of public hearings ;
the conclusion on the results of public hearings on the territory planning project and the territory surveying project is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement) or on the official website of the urban district ( if there is an official website of the city district) on the Internet.
The term for conducting public hearings from the day the residents of the municipality are notified of the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month and more than three months .
The local self-government body of the settlement or the local self-government body of the urban district shall send, respectively, to the head of the local administration of the settlement, the head of the local administration of the urban district, the prepared documentation on the planning of the territory, the minutes of public hearings on the draft planning of the territory and the draft land surveying, and the conclusion on the results of public hearings no later than fifteen days from the date of the public hearing.
The head of the local administration of the settlement or the head of the local administration of the urban district, taking into account the protocol of public hearings on the draft territory planning and the draft land surveying and the conclusion on the results of public hearings, decides:
on approval of documentation for the planning of the territory;
on the rejection of such documentation and on sending it to the local self-government body for revision, taking into account the specified protocol and conclusion.
The approved territory planning documentation (territory planning projects and land surveying projects) is subject to publication in the manner established for the official publication of municipal legal acts, other official information, within seven days from the date of approval of the said documentation and is posted on the official website of the municipality (if available). official website of the municipality) on the Internet.
Based on the territory planning documentation approved by the head of the local administration of the settlement or the head of the local administration of the urban district, the representative body of local self-government has the right to amend the rules for land use and development in terms of clarifying the limiting parameters of permitted construction and reconstruction of capital construction objects established by the urban planning regulations.
The preparation of documentation for the planning of inter-settlement territories on the basis of the rules for land use and development of inter-settlement territories is carried out on the basis of a decision of the local self-government body of the municipal district.
In the event that an individual or legal entity applies to the local government with an application for the issuance of an urban development plan for a land plot, the above procedures are not required. The local self-government body, within thirty days from the date of receipt of the said application, prepares the town-planning plan of the land plot and approves it. The local self-government body provides the applicant with a town-planning plan of the land plot free of charge.
Conclusion
Spatial planning is an important aspect, without which the proper development of the land area is impossible. The Town Planning and Land Codes of the Russian Federation help to regulate and carry out activities based on territorial planning within the country, within the constituent entities of the Russian Federation, within the framework of municipalities.
Modern Russian legislation in the field of territorial planning, regulating the relevant legal relations, is aimed at bringing them closer to similar legal relations in countries with a developed system of strategic planning and territorial development planning, in particular urban planning.
This, ultimately, should lead to the sustainable development of territories, the formation of an environment favorable for the population to live, which is declared in a number of provisions of the new Town Planning Code of the Russian Federation.
Bibliographic list
2.Urban Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ
.Federal Law No. 131-FZ of October 6, 2003 “On the General Principles of Organization of Local Self-Government in the Russian Federation” Art. 14, part 1, item 20; Art. 15, part 1, item 15; Art. 16, part 1, item 26
.Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ, art. one
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Main territorial planning documents are territorial planning schemes drawn up for the territory of the Russian Federation, subjects of the Russian Federation and municipalities. Schemes are also being developed for the purpose of developing and locating specially protected natural areas, protecting areas at risk of emergencies. The term for which territorial planning documents are developed must be at least 10 years, and for general plans and layouts of linear facilities, and less than 20 years.
The preparation of territorial planning documents is mandatory and financed from the relevant budgets. Regions cannot transfer land from one category to another, reserve and withdraw land plots for state and municipal needs, unless this is provided for in approved territorial planning documents or in the absence of master plans.
At the level of the Russian Federation, schemes of federal transport, federal highways, defense and state security facilities, energy, higher education and healthcare facilities can be drawn up. Thus, the schemes combine territorial and sectoral planning principles.
Projects of territorial planning schemes must be coordinated with the governments of the regions concerned, which, in turn, direct the projects with the municipalities. Such schemes are approved by the Government of the Russian Federation, and schemes in the field of defense and security - by the President of the Russian Federation. Information about schemes and draft schemes can be found on the website of the federal geographic information system for territorial planning (URL: http://fgis.minregion.ru/fgis/). In particular, in December 2012, the Scheme of Territorial Planning of the Russian Federation in the field of healthcare was approved, in 2013 - in the field of higher education, federal transport, pipeline transport, energy, etc.
Scheme of territorial planning of the region(subject of the Russian Federation) includes a provision on territorial planning and maps of the location of objects of regional significance. Schemes are being developed for rail, water and air transport, roads, educational, healthcare, physical culture and sports facilities, as well as emergency situations, etc.
The preparation of regional territorial planning schemes is carried out taking into account regional state programs for economic, environmental, social, cultural and national development, territorial planning documents of the Russian Federation.
The regional scheme of territorial planning is approved by the highest executive body of state power of the constituent entity of the Russian Federation. The procedure for developing draft schemes and making changes to them are established by the laws of the subject of the Russian Federation.
The documents of territorial planning of municipalities are territorial planning schemes for municipal districts, master plans for settlements and master plans for urban districts. Rural settlements do not need to develop master plans if the location of new facilities is not provided for on its territory and a program of socio-economic development is not being developed.
The territorial planning scheme of a municipal district includes a provision on territorial planning, a map of the planned placement of capital construction facilities of local importance, a map of the boundaries of settlements, and a map of functional zones of inter-settlement territories. Planning at the district level is subject to electric and gas supply facilities for settlements, local roads, healthcare and education facilities, physical culture and sports facilities, waste disposal and processing facilities, etc.
The maps display the existing and planned boundaries of settlements, the boundaries of functional zones in inter-settlement territories, planned objects of federal, regional and local significance.
The scheme is approved by the representative body of local self-government of the municipal district.
With regard to the territories of settlements and urban districts, preparations are being made settlement master plans and master plans of urban districts. General plans include a provision on territorial planning, a map of the planned placement of objects of local importance, a map of the boundaries of settlements and functional zones.
The planned objects on the general plan of the settlement include objects of electric power, heat, gas and water supply to the population, sewerage, local roads. On the general plans of urban districts, objects of education, health care, physical culture and sports, objects of disposal and recycling of waste are additionally applied.
The preparation of the draft master plan is carried out taking into account the comprehensive programs for the development of municipalities, territorial planning schemes of the Russian Federation, constituent entities of the Russian Federation and municipal districts, regional and local urban planning standards, the results of public hearings on the draft master plan, and also taking into account the proposals of interested parties.
Regional and local standards for urban planning should contain minimum design indicators for ensuring favorable conditions for human life, including the provision of social and domestic facilities, engineering infrastructure, and landscaping. Based on the master plan, programs are being developed for the integrated development of communal infrastructure systems in settlements and urban districts. They must be approved by the representative bodies of local self-government.
On the basis of territorial planning documents for settlements and urban districts, and in some cases for inter-settlement territories, urban zoning documents are drawn up. These include land use and development rules and town planning regulations. These are more detailed and specific documents than master plans.
Land use and development rules(ПЗЗ) - a document of urban planning zoning, including a text part called "The procedure for applying the rules for land use and development and making changes to them", a map of urban planning zoning and urban planning regulations for each territorial zone. Thus, a territorial zone is a zone for which boundaries and urban planning regulations are established in the PZZ. The boundaries of a zone may include several parcels of land, but may not cross their boundaries. Thus, the site cannot be included in several zones at the same time. PZZ, as a rule, are drawn up for the entire territory of a settlement (district), but can also be drawn up for a part of it, for example, for the territory of a settlement.
In its turn, urban planning regulations- a set of types of permitted use of land plots, maximum sizes of land plots, maximum parameters of permitted construction or reconstruction of facilities, as well as restrictions on the use of land plots and capital construction projects. Urban planning regulations are valid only within a certain zone. Thus, the urban planning regulations determine in advance what the developer can and cannot do in the territory of this zone. Please note that the regulations are not established for a specific developer, but for zones.
The classification of territorial zones is determined by the local government. It may include residential, public and business, industrial, recreational areas, infrastructure areas, etc. Often it is the VRI classification that is taken as the basis for compiling the classification of territorial zones. However, the difference is that a territorial zone can have several VRIs at the same time.
The name of the zone can be formulated, for example, as follows: "Zone for the placement of utility and storage facilities, transport facilities and wholesale depots", etc. It should be noted that the name "Residential Development Zone" automatically entails the permission to build not only residential buildings, but also social, public utilities, educational, healthcare, cultural and religious facilities, and parking lots. Since 2013, the territory intended for gardening and dacha farming has also been included in the residential zones of settlements - previously they could only belong to agricultural land.
It should be noted that for some sites there are no urban planning regulations or they do not apply. Thus, regulations are not established for forest fund lands, water areas, reserve lands, specially protected natural areas (with the exception of health-improving areas and resorts), agricultural lands as part of agricultural land, plots in special economic zones. For a certain zone, several main, auxiliary and conditionally permitted VRIs can be installed. If there are approved PPPs, the developer should not additionally agree on the use of the main or auxiliary type of permitted use.
The urban planning regulations establish the limit parameters for permitted construction and reconstruction: the maximum and minimum sizes of land plots, the maximum height of buildings, the minimum setbacks from the borders of land plots, the maximum percentage of development of a land plot, the minimum share of green areas, the minimum number of parking spaces for storing individual vehicles and others
- Decree of the Government of the Russian Federation of December 28, 2012 No. 2607-r.
Activities for the preparation of territorial planning documents is a complex multi-stage process, including a set of interrelated actions.
The process and procedure for territorial planning in accordance with the provisions of the Town Planning Code of the Russian Federation includes the following stages.
- 1. Primary. During this stage, the existing territorial planning documents are evaluated, a decision is made to correct them or develop new documents. A regulatory and legal framework is being formed, tasks are being prepared for the development of a territorial planning document, a competition is being held to select a contractor for the preparation of a territorial planning document.
- 2. Collection of initial information. At this stage, data is prepared for further use in the development of a territorial planning document.
- 3. Formation of the draft document of territorial planning. Based on the analysis of the current use of the territory, strategic goals, objectives, priorities set forth in the comprehensive program of socio-economic development, a system of goals and objectives is formed, functional zoning is carried out, activities are determined, maps and diagrams are prepared, as well as project justification.
- 4. Project approval. The result of the coordination of the draft territorial document is the conclusion of the relevant executive bodies of state power or local self-government. In particular, the coordination of the scheme of territorial planning of the municipal district is carried out:
- with local self-government bodies of settlements of the municipal district (if it is planned to change the boundaries of land plots owned by settlements);
- with local self-government bodies of municipal districts that have a common border with the municipal district in respect of which a territorial planning scheme has been developed;
- with the highest executive body of state power of the subject of the Russian Federation, within whose boundaries the municipal district is located;
- with the federal executive body (in cases where it is planned to change the boundaries of land plots that are in federal ownership or planned for the construction of objects of federal significance). The document can be approved only in the absence of negative conclusions.
When agreeing on a draft master plan, public hearings on the draft master plan are held in advance, and then the following is agreed with the interested authorities:
- with the local self-government body of the municipal district in terms of taking into account the provisions of the territorial planning scheme, as well as in cases of placement on the territory of a settlement (urban district) of objects that have a negative impact on the environment;
- with local self-government bodies of municipal districts that have a common border with a settlement (urban district) (in cases of placement on the territory of a settlement (urban district) of objects that have a negative impact on the environment):
- with the highest executive body of state power of the constituent entity of the Russian Federation. within the boundaries of which a settlement (urban district) is located (in cases where it is planned to change the boundaries of land plots owned by a constituent entity of the Russian Federation planned for the construction of objects of regional significance, as well as in cases of placement on the territory of a settlement (urban district) of objects that have a negative impact on environment);
- with the federal executive body (in cases where it is planned to change the boundaries of land plots that are in federal ownership or planned for the construction of objects of federal significance). The term for approval of the master plan is three months.
- 5. Approval of territorial planning documents. Territorial planning schemes for districts and master plans for settlements are approved by decisions of representative bodies of local self-government. The territorial planning scheme of a municipal district is approved by the representative body of local self-government of the municipal district. Prior to approval, the draft territorial planning scheme must be published on the official website of the district on the Internet (at least three months before its planned approval).
The quality of the project and compliance with the deadlines for its implementation depend on the reliability and relevance of the initial data collected and transferred to the developer of the territorial planning scheme (master plan). Sources of initial information are: federal, regional, municipal information resources; current comprehensive programs for the socio-economic development of the constituent entities of the Russian Federation (municipalities), territorial fragments of targeted programs, sectoral and infrastructure strategies; charters, passports, reporting documents of municipalities and enterprises and organizations operating on their territory. At the stage of collecting and analyzing information, the previously developed urban planning documentation is assessed for compliance with temporary priorities and tasks of socio-economic development and modern use of the territory and the identification of problems in its development. The result of work at this stage is the section "Analysis of the state of the territory, problems and directions of its integrated development", included in the materials on the justification of the draft document of territorial development.
The direct development of territorial planning documents is preceded by the stage of substantiating the decision to prepare documents, based on the formation of an appropriate information system, analysis and comprehensive assessment of the conditions for the development of the territory.
A comprehensive assessment of the conditions for the development of the territory provides for the analysis of:
- macroeconomic conditions at the levels of the country, district, region and municipality, highlighting the main trends, scenarios for the development of the relevant economic system;
- internal potential of the territory in the context:
- - natural resource potential,
- - demographic potential,
- - labor market,
- - economic potential,
- - financial system,
- - investment climate,
- - tourist and recreational potential,
- - social sphere,
- - engineering and transport infrastructure,
- - housing and communal services,
- - environmental sphere;
- SWOT analysis of the development of the territory, including the identification of the socio-economic problems of the object and external threats, the determination of competitive advantages and external opportunities and the formation on this basis of key success factors, points of growth, flagships of the economic development of the object.
At the same time, predicted trends in the current situation are also taken into account.
Based on the results of the analysis on the totality of factors affecting the implementation of the needs for the functional use of the territory, for each of its directions, a summary assessment of the conditions for the use and resources of the territory is carried out. The results of a comprehensive assessment of the territory should contribute to the most effective satisfaction of the requirements of various types of use of the territory and be used as an objective basis for measures of economic regulation of the use of its parts. Related to this are the main conditions for its correctness of binding to the functions for which it is assessed, and to administrative and legal measures of regulation by their types.
Modern information technologies are widely used to develop territorial planning documentation. In particular, the St. Petersburg Research and Production Institute (NPI) "ENKO" is widely introducing geographic information systems (GIS) into practice. GIS are used in the preparation of various documents for the management of the development of the territory, the creation of urban planning documentation for the spatial planning of a new generation. As an example, let's consider a package of documentation for the territorial planning of the city of Perm, developed by NPI "ENKO": Master Plan - Project of zones for the protection of cultural heritage objects - GIS of the transport complex.
"General plan" - the main type of documentation on the territorial planning of the city, which determines the urban planning strategy and the conditions for the formation of the living environment. In accordance with the project periods, it defines the main parameters for the development of the city, proposes a planning concept, and develops measures for the main functional zones, transport and infrastructure development of the territory.
"The project of zones of protection of objects of cultural heritage" is a mandatory document for any historical settlement. The main goal of the project is to ensure the protection of immovable historical and cultural monuments, valuable historical and cultural territories and landscapes during the reconstruction, development and planning of the city. The boundaries and regimes of urban planning and economic activities established by the Project of protection zones are taken into account when developing the Rules for the development and land use of individual urban areas.
For each monument of history and culture, a corresponding cartographic and semantic database has been created, i.e. all monuments are displayed in graphical form on the electronic map of the city, supplied with digital photographs and complete information available on each of them, which coincides with the content of the Annotated list of monuments. The same applies directly to the zones of protection of monuments and urban planning regulations: they are also presented on an electronic map and contain relevant descriptive information.
"GIS of the transport complex" - a project that comprehensively analyzes the current state of the transport system and the conditions of transport services for the population of the city. The purpose of the document is to create an electronic geoinformation system that reflects the state and phased formation of the configuration and parameters of the city's street and road network and artificial transport structures for the period provided for by the general plan of the city.
The next normative legal document of the territorial planning of Perm is the Rules for Land Use and Development, where zones of various functional purposes and territories with a normalized regime of urban development activities are allocated on the territory of the city. Further, urban planning regulations for the use of land plots were developed for these zones.
Such a development scheme makes it possible to ensure the interconnection of not only these two important documents for the city, but also to integrate them with a set of thematic blocks and separate cartographic layers: a high-resolution digital space image, the current state and use of the territory, transport and engineering infrastructure, engineering and construction conditions, minerals, ecological situation, protected natural areas, planning restrictions.
The next stage of urban planning was the development of territory planning projects.
The territory planning project is necessary in order to ensure the sustainable development of the territory in accordance with the principles laid down in the master plan and the Land Use and Development Rules, the elements of the planning structure and urban planning regulations established in them. The graphic materials of the project are developed on a scale of 1:2000, 1:1000.
- See: ENKO LLC website: enko.spb.ru
