CONSTRUCTION IN THE COASTAL PROTECTIVE MIXTURE

 Despite the legally established norms of the coastal protection zone, construction is carried out everywhere in Ukraine within this zone. In the pursuit of picturesque landscapes from the windows of new buildings, developers ignore the reasonable risks of flooding, erosion of the foundation or other environmental threats. How do developers build on these lands, if there is a direct prohibition provided for in the Land and Water Codes of Ukraine? Consider the legislative loopholes, using which, you can bypass the rules to restrict construction in coastal protection zones (CPZ).

 To protect surface water bodies from pollution and clogging, the legislator has set the size of the coastal protection zones to preserve their water content.

What are the limits of the coastal protection zones?

Coastal protective strip are installed on the banks of rivers, around reservoirs along the water's edge width:

• for small rivers, streams and streams, ponds with an area of ​​less than 3 hectares - 25 meters;
• for medium rivers, reservoirs, ponds with an area of ​​more than 3 hectares - 50 meters;
• for large rivers, reservoirs and lakes - 100 meters.

 It is forbidden to build any structures within the coastal protection zones, including recreation centers, cottages, garages and parking lots, except for structures for hydraulic and navigational purposes.

What are the ways to circumvent the construction restrictions in coastal protective strip?

• Manipulation with the names of reservoirs;
• Ability for local councils to independently determine the boundaries of the coastal protective strip;
• Opportunity for local councils to transfer to private ownership land that is actually within the coastal protective strip.

 The most common way is for local councils to be able to shape the boundaries of the coastal protection zones. Thus, in particular, the Water Code of Ukraine stipulates that within the existing settlements the coastal protection strip is established taking into account the town-planning documentation. At the same time, the approval of town-planning documentation belongs to the exclusive competence of local councils. Thus, despite clearly defined requirements for the width of the coastal protection zones, local councils are empowered to independently regulate their width.

 In this way, in the legislative field, it is possible to build coastal protection zones by narrowing their boundaries in urban planning documentation.

 The next method is to transfer communal lands, including coastal protection lands, to private ownership. Subsequently, the developer carries out construction on the land plot located within the coastal protection zone.

 Part four of Article 41 of the Constitution of Ukraine guarantees that private property is inviolable.

 Thus, if the deputies of the local council decided to privatize the land located within the coastal protective strip, and its owner started construction, it will be difficult to stop it, even though the inviolability of private property does not cancel the law, does not give the right commit illegal acts and (theoretically) does not release from liability. In practice, it is almost impossible to demolish such a construction object, as both the site and the building are privately owned.

 As we can see, despite the establishment of mandatory norms on the size of coastal protection strips, there are certain loopholes in the legislation, using which, it is possible to carry out construction within the coastal protective strip in a lawful manner.