Land of industry and other special purposes: description, types and features

Art. 87 of the LC defines the rules by which the lands of industry and other special purposes can be used. In such areas, activities are usually carried out by manufacturing enterprises. Let us further consider how the lands of industry and other purposes can be used.

Specificity of distribution of rights

The primary users of the territories are organizations, institutions. The exploitation of land by citizens for gardening, arranging pastures, and also by third parties (for example, agricultural enterprises) is secondary. Primary users in this case act as administrators. They carry out the distribution of the territory, allocate to the subjects one or another land plot. The lands of industry are at the disposal of the bodies that control production and perform other relevant functions.

General rules

The lands of industry, energy, and transport are used in accordance with the specifics of the industry. Meanwhile, the management of such territories is carried out according to uniform principles:

1. All administrative bodies (departments, ministries) must comply with the instructions of the Government. In certain cases, they are obliged to coordinate their actions with executive regional bodies, the Ministry of Natural Resources, the Ministry of Energy and Industry, and other institutions. Administrative bodies responsible for the proper use of territories can monitor their condition and make recommendations to ensure their rational use and protection.
2. Authorized structures are developing an internal production procedure for land use. They make decisions on the internal organization of resource exploitation by enterprises of various industries. In other words, the administrative authorities have the obligation to determine the target value of individual parts of the territories, to ensure the optimal placement of structures and buildings under construction. For example, the Ministry of Transport and Communications develops and approves instructions and rules for the use of railway sections, the procedure for their temporary allocation to agricultural enterprises and other organizations, as well as individuals.
3. Administrative bodies should also organize intra-departmental registration of territories. They make decisions regarding the redistribution of allotments between subordinate enterprises and services, and also provide the latter with assistance in the exercise of their rights and the performance of their duties.

Legal status

Industrial lands are located beyond the boundaries of settlements. This is stated in Art. 87 ZK. At the same time, those parts of the territory that are inside the borders are recognized as settlement lands. This status is assigned regardless of the purpose for which they are used. From this it follows that the nature of their operation is determined in two ways. So, the lands of industry, transport, communications are used according to the rules established for the territories of settlements. For example, it can be architectural and planning requirements. On the other hand, their use is determined in accordance with the rules governing the provision of the needs of industry, energy, transport, etc. In practice, the developed procedure for the exploitation of resources is necessarily coordinated with the administration of a city, village or other municipal entity.

Important point

Entities using industrial lands, communications, etc., are obliged to create security, sanitary-protective and other zones in their composition. Within their limits, a special regime of use is established. Sites that are part of such zones are not seized from entities that have legal rights to them. However, the rules limit their ability to dispose or conduct one or another activity. The size of such zones is determined by legislation governing relations in the relevant sector of the economy.

Allocation of territories

Industrial lands can be used for different purposes. The list of types of activities that are allowed to be carried out on them is open in the legislation. Its provisions usually do not establish specific sizes of sites that can be used for industrial (production) purposes. Along with this, it is impossible not to standardize the allocation of such territories. In this regard, the legislation provides the conditions under which the size of land plots are justified from an economic point of view when designing construction or other activities. In some cases, the rules for the provision of territories are determined directly in legal acts regulating a particular type of business.

Property rights

The industrial lands for the most part are in the legal possession of the Russian Federation. State property, in particular, includes territories occupied by:

1. Ways of communication.
2. Energy systems, nuclear installations.
3. Objects providing security, space activities, status and protection of the state border.
4. Defense industry enterprises.
5. Objects of communication and informatics, etc.

Terms of use

Industrial lands are transferred to enterprises to accommodate:

1. Production facilities.
2. Shops.
3. Access roads.
4. Internal communications.
5. Warehouse facilities.
6. Other structures and buildings that are necessary for the organization and conduct of production activities.

The enterprise directly acts as the subject of the right to use. It will be responsible for the intended use and condition of the territory.

Projects

The construction plan determines the amount of land that is acquired or provided to the enterprise (industrial complex, joint-stock company, etc.). In this case, the economical use of the territory is taken into account. New enterprises, as a rule, are being built in industrial units (areas). In these territories, general auxiliary production is organized, engineering communications, supply systems, etc. are being laid. In this regard, enterprise projects are linked to the layout of areas, general plans of nodes, and if they are absent, to planned structures, networks and communications. The fulfillment of these requirements contributes to the protection and rational use of territories.

Environmental activities

They must be performed by all entities that use industrial land. All environmental measures should be laid down in the construction project. First of all, it concerns compliance with fire safety standards. In addition, environmental measures include:

1. A rational decision to ensure the protection of water bodies, the atmosphere, soil, to drain drains or reduce their quantity.
2. Planning the costs of removal and subsequent storage of the fertile layer, reclamation and compensation of losses incurred by the previous user.

Sites for waste, dumps, waste accumulators and slags must be selected in territories unsuitable for agricultural activities, in compliance with safety rules and standards.

SNiPs

A number of prohibitions are provided for in building codes. In particular, the placement of enterprises or their complexes, structures, buildings, utilities is not allowed:

1. At the sites of occurrence of natural minerals without consent from the mining authorities.
2. In hazardous areas of dumps of shale and coal mines or concentration plants.
3. In active karst zones, in areas of mudflows, landslides, avalanches that threaten exploitation and development, etc.

Enterprises that operate in areas provided for temporary use should bring them into a condition suitable for operation at their own expense.