ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 8, 2019 No. 1034

About approval of Rules of permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of documentation on the layout of the territory and about modification of Rules of preparation of documentation on the layout of the territory which preparation is performed based on solutions of authorized federal executive bodies, and acceptance by authorized federal executive bodies of decisions on approval of documentation on the layout of the territory for placement of objects of federal importance and other capital construction projects which placement is planned in the territories of 2 and more subjects of the Russian Federation

The government of the Russian Federation decides:

Approve enclosed:

Rules of permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of documentation on the layout of the territory;

changes which are made to Rules of preparation of documentation on the layout of the territory which preparation is performed based on solutions of authorized federal executive bodies, and acceptance by authorized federal executive bodies of decisions on approval of documentation on the layout of the territory for placement of objects of federal importance and other capital construction projects which placement is planned in the territories of 2 and more subjects of the Russian Federation, approved by the order of the Government of the Russian Federation of July 26, 2017 No. 884 "About approval of Rules of preparation of documentation on the layout of the territory which preparation is performed based on solutions of authorized federal executive bodies, and acceptances by authorized federal executive bodies of decisions on approval of documentation on the layout of the territory for placement of objects of federal importance and other capital construction projects which placement is planned in the territories of 2 and more subjects of the Russian Federation" (The Russian Federation Code, 2017, No. 31, the Art. 4940).

Approved by the Order of the Government of the Russian Federation of August 8, 2019 No. 1034

Rules of permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of documentation on the layout of the territory

1. These rules determine procedure for permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of documentation on the layout of the territory.

2. These rules are not applied in the cases provided by parts 3.2, 4.2 and 5.2 of article 45 of the Town-planning code of the Russian Federation.

3. In case of availability of notes to documentation on the layout of the territory at the federal executive bodies performing approval of such documentation, executive bodies of subjects of the Russian Federation, local government bodies (further - the approving bodies), owners of highways the approving bodies, owners of highways represent to the federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies interested in construction, reconstruction of capital construction project and performing preparation of documentation on the layout of the territory (further - the initiator), refusals in approval of documentation on the layout of the territory which shall contain motivated notes to the specified documentation.

4. In case of impossibility to resolve comments of the approving bodies, the initiator sends owners of highways to public authority, the local government body authorized on approval of such documentation (further - authorized body), refusals of the approving bodies, owners of highways in approval of documentation on the layout of the territory, and also the table of disagreements constituted by the initiator according to the notes of the approving bodies, owners of highways which formed the basis for refusal in approval of documentation on the layout of the territory, the containing initiator's line item on each of notes and its reasons.

5. For settlement of disagreements the authorized body within 10 working days from the date of receipt from the initiator of refusals of the approving bodies, owners of highways in approval of documentation on the layout of the territory holds conciliatory meeting with participation of such bodies, owners of highways.

6. Are invited to conciliatory meeting:

a) head or deputy manager of the initiator;

b) heads or deputy managers of the approving bodies, owners of the highways which provided refusals in approval of documentation on the layout of the territory;

c) other officials of the initiator and the approving bodies, owners of the highways which provided refusals in approval of documentation on the layout of the territory.

7. In case of need representatives of developer of documentation on the layout of the territory, the scientific and expert organizations can be invited to conciliatory meeting as experts.

8. Before holding conciliatory meeting the authorized body has the right to request from the initiator, the approving bodies, owners of highways the additional data necessary for settlement of disagreements.

9. Following the results of consideration of notes of the approving bodies, owners of the highways which formed the basis for refusal in approval of documentation on the layout of the territory, authorized body taking into account line item of the initiator and the approving bodies, owners of highways one of the following decisions is accepted:

a) about settlement of disagreements and need of entering into documentation on the layout of the territory of the changes considering notes (part of notes) which formed the basis for refusal in approval of the specified documentation;

b) about settlement of disagreements without the need for entering into documentation on the layout of the territory of the changes considering the notes which formed the basis for refusal in approval of the specified documentation;

c) about lack of possibility of settlement of disagreements in connection with inadmissibility of placement of capital construction project in borders of the territory concerning which documentation on the layout of the territory is prepared.

10. Results of conciliatory meeting are drawn up by the protocol which is signed by the head (deputy manager) of authorized body holding meeting and in which are specified:

a) date and venue of conciliatory meeting;

b) the representatives of the initiator, the approving bodies who are present at meeting, owners of highways, other persons;

c) data on materials which are considered at conciliatory meeting;

d) other data which were the basis for decision making;

e) notes of the approving bodies, the owners of highways who formed the basis for refusal in approval of documentation on the layout of the territory, and the decisions made on them, and also the list of the additional data necessary for acceptance of one of decisions, stipulated in Item 9 these rules.

11. The authorized body sends the protocol of conciliatory meeting to the initiator and the approving bodies, owners of highways within 10 working days from the date of holding conciliatory meeting.

12. In case of decision making about settlement of disagreements without the need for entering into documentation on the layout of the territory of the changes considering the notes which formed the basis for refusal in approval of the specified documentation, the initiator sends to authorized body documentation on the layout of the territory for its approval.

13. In case of decision making about settlement of disagreements and need of entering into documentation on the layout of the territory of the changes considering notes (part of notes) which formed the basis for refusal in approval of the specified documentation, the initiator finishes documentation on the layout of the territory according to the protocol of conciliatory meeting and directs it to approval in authorized body. At the same time the repeated direction on approval of documentation on the layout of the territory is not required.

14. In case of decision making about lack of possibility of settlement of disagreements in connection with inadmissibility of placement of capital construction project in borders of the territory concerning which documentation on the layout of the territory is prepared by the initiator prepares new documentation on the layout of the territory which is sent for approval in the approving bodies, to owners of highways according to the Town-planning code of the Russian Federation. Permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of such documentation is performed according to these rules.

Approved by the Order of the Government of the Russian Federation of August 8, 2019 No. 1034

Changes which are made to Rules of preparation of documentation on the layout of the territory which preparation is performed based on solutions of authorized federal executive bodies, and acceptance by authorized federal executive bodies of decisions on approval of documentation on the layout of the territory for placement of objects of federal importance and other capital construction projects which placement is planned in the territories of 2 and more subjects of the Russian Federation

1. In Item 9 of the word "settlements, settlements, city districts, municipal districts" shall be replaced with words "names of municipalities, settlements, except for the case specified in part 14 of article 9 of the Town-planning code of the Russian Federation".

2. In Item 13:

a) add the subitem "a" with words ", and in case of need transfer of the parcels of land on which placement of linear objects, from structure of lands of forest fund to lands of other categories, including after input of such objects in operation, in the federal executive body performing functions on control and supervision in the field of the forest relations and also on rendering the state services and management of state-owned property in the field of the forest relations is planned";

b) add with subitems "g" and "d" of the following content:

"d) in executive body of the government or local government body under which authority especially protected natural territory is if documentation on the layout of the territory is prepared in relation to especially protected natural territory;

e) to the owner of the highway, if documentation on the layout of the territory provides placement of capital construction project in borders of roadside strip of the highway.".

3. State Item 14 in the following edition:

"14. Subject of approval of documentation on the layout of the territory of the public authorities or local government bodies specified in subitems "an" and "g" of Item 13 of these rules are admissibility of placement of capital construction projects according to requirements of the forest legislation, the legislation on especially protected natural territories in borders of lands of forest fund, especially protected natural territories, and also compliance of the planned placement of the capital construction projects which are not linear objects, to the forestry and landscape regulations, regulations on especially protected natural territory approved in relation to the territory in which borders placement of such objects, or possibility of placement of capital construction projects on condition of transfer of the parcels of land from structure of lands of forest fund, lands of especially protected territories and objects to lands of other categories is planned if such transfer is allowed in accordance with the legislation of the Russian Federation. The specified public authorities or local government bodies refuse approval of documentation on the layout of the territory on the following bases:

a) placement of the capital construction project provided by documentation on the layout of the territory is not allowed according to requirements of the forest legislation, the legislation on especially protected natural territories in borders of lands of forest fund, especially protected natural territories;

b) placement of the capital construction project (except for linear objects) provided by documentation on the layout of the territory does not correspond to the forestry and landscape regulations, regulations on especially protected natural territory approved in relation to the territory in which borders placement of such object is planned;

c) placement of the capital construction project provided by documentation on the layout of the territory is possible on condition of transfer of the parcels of land from structure of lands of forest fund, lands of especially protected territories and objects to lands of other categories, but such transfer is not allowed in accordance with the legislation of the Russian Federation.".

4. Add with Item 16 (1) the following content:

"16(1). Subject of approval of documentation on the layout of the territory specified in the subitem "d" of Item 13 of these rules with the owner of the highway is ensuring not deterioration in visibility on the highway and other safety conditions of traffic, preserving possibility of work on content, repair of the highway and the road constructions which are its part, and also on reconstruction of the highway if such reconstruction is provided by the approved documents of territorial planning, documentation on the layout of the territory. Owners of the highway refuse approval of documentation on the layout of the territory on the following bases:

a) the construction, reconstruction of the capital construction project provided by documentation on the layout of the territory will lead to deterioration in visibility on the highway and other safety conditions of traffic;

b) the construction, reconstruction of the capital construction project provided by documentation on the layout of the territory will result in impossibility of work on content, repair of the highway and the road constructions which are its part;

c) the construction, reconstruction of the capital construction project provided by documentation on the layout of the territory will result in impossibility of work on reconstruction of the highway if such reconstruction is provided by the approved documents of territorial planning, documentation on the layout of the territory.".

5. To state paragraphs of the first and second of Item 17 in the following edition:

"17. The public authorities specified in Item 13 of these rules, local government bodies and the head of the settlement, city district (further - the approving bodies), owners of highways provide consideration of documentation on the layout of the territory submitted for approval within 30 calendar days from the date of its obtaining.

The approving bodies (except for heads of the settlement, the city district specified in the subitem "v" of Item 13 of these rules), owners of highways notify in writing on results of approval authorized body (in case of adoption by authorized body of the decision on preparation of documentation on the layout of the territory on own initiative), the initiator or person specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation.".

6. The paragraph one of Item 18 to state in the following edition:

"18. In case of refusal one or several approving bodies, owners of highways in approval of documentation on the layout of the territory authorized body (in case of adoption by authorized body of the decision on preparation of documentation on the layout of the territory on own initiative), the initiator or person specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation finishes documentation on the layout of the territory taking into account the notes stated in such refusal and repeatedly sends it to the relevant approving organs, to owners of highways which provided such refusal, and also to other approving bodies, to owners of highways if in case of completion of documentation on the layout of the territory the subject of approval of such bodies, is affected by owners. The approving bodies, owners of highways consider documentation on the layout of the territory submitted for repeated approval within 20 working days from the date of its obtaining.".

7. In Item 19:

a) the paragraph one of Item 19 to state in the following edition:

"19. In case of repeated refusal in approval of documentation on the layout of the territory of one or several approving bodies, owners of highways the initiator or person specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation, the appeal having the right to send to authorized body about holding conciliatory meeting with participation of the approving bodies, owners of the highways which repeatedly refused approval of documentation on the layout of the territory (further - the address), for the purpose of settlement of disagreements. Documentation on the layout of the territory, refusals in its approval of the approving bodies, owners of highways, and also the explanatory note containing the reasoned line items of the initiator or person specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation according to each note of the approving bodies, owners of highways which formed the basis for refusal in approval of documentation on the layout of the territory are attached to the address.";

b) paragraph two after words of "the approving bodies" to add with words "owners of highways,";

c) to add the paragraph of the sixth after words of "several approving bodies" with words ", owners of highways", after the words "with participation of the approving bodies" to add with words ", owners of highways".

8. In Item 20:

a) in paragraphs one and the second shall be replaced with words the words "regarding 1.1 Articles 45" "in Items 3 and 4 of part 1.1 of Article 45";

b) third to state the paragraph in the following edition:

"If the approving bodies, by owners of highways after 20 working days do not provide information on results of consideration of documentation on the layout of the territory, such documentation is considered approved. In the specified case the initiator or person specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation applies to the documents confirming obtaining by the approving bodies, owners of highways of documentation on the layout of the territory sent to authorized body to documentation on the layout of the territory.";

c) in paragraph four:

shall be replaced with words the words "regarding 1.1 Articles 45" "in Items 3 and 4 of part 1.1 of Article 45";

after the words "performing maintaining" to add with the word of "state";

d) word in paragraph five to "information system" shall be replaced with words "the state information systems";

e) add with the paragraph of the following content:

"The authorized body has no right to demand from the initiator or persons specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation, the notification on results of approval of the approving bodies specified in the paragraph the second Item 17 of these rules, owners of highways if such bodies, by owners after 30 calendar days from the date of receipt of documentation on the layout of the territory to the initiator or persons specified in Items 3 and 4 of part 1.1 of article 45 of the Town-planning code of the Russian Federation do not provide such notification.".

9. In Item 22:

a) in paragraph three of the word "regarding 1.1 Articles 45" shall be replaced with words "in Items 3 and 4 of part 1.1 of Article 45";

b) in paragraph four:

after the words "with the approving bodies" to add with words ", owners of highways";

shall be replaced with words the words "Approving Bodies Consider Such Documentation on the Layout of the Territory within 30 Calendar Days from the date of Its Obtaining" "Consideration of such documentation on the layout of the territory is performed within 20 working days from the date of its obtaining".

10. In appendix No. 2 to the specified Rules:

a) third item 4 to add the paragraph with words ", except for the case specified in part 14 of article 9 of the Town-planning code of the Russian Federation";

b) in the paragraph the second Item 5 of the word "settlements, settlements, city districts, municipal districts" shall be replaced with words "names of municipalities, settlements, except for the case specified in part 14 of article 9 of the Town-planning code of the Russian Federation".

 

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