It is officially allowed to grow a forest on your land now 13.05.2021 14:47:46
October 1, 2020, a decision of the Government of the Russian Federation became a law, which closed the legal gaps on private forests. For many years this has been a cause for concern for those who create Kin Domains. Now you can have your own forest grown on agricultural land.
This is confirmed in the Decree of the Government of the Russian Federation of September 21, 2020 No. 1509 "On the peculiarities of the use, protection, reproduction of forests located on agricultural lands." A little more detail about the most important thing that this decision gives to land owners.
Choosing what will grow on the land is now the right of the owner
Previously, by law, the entire forest belonged to the state, and those grown on agricultural land were considered abandoned agricultural lands. Now land owners have the right to choose whether they grow trees and shrubs on their territory, or engage in agriculture. Overgrowing of more than 50% of the land does not contradict the legislation on its use.
The owners of the plots have two years to decide how they are going to use their land further, and to send a corresponding notification to the Rosselkhoznadzor (Federal Service for Veterinary and Phytosanitary Surveillance). It will be possible to transfer land back from forest status to agricultural status at any time by following the appropriate procedure.
When reproducing forests on agricultural lands, it is not required to draw up forest development projects, submit forest declarations, and reports provided for by forest legislation.
How the forest can be used
Options for using their own forest are listed in the Forest Code of the Russian Federation: for timber harvesting, subject to accounting and control over the turnover, for harvesting food and non-timber forest resources - berries, mushrooms, medicinal herbs, nuts - as well as for other types of forest use. This means that you can create forest nurseries and plantations, grow forest fruit, berry and medicinal plants, grow planting material of forest plants (seedlings) without restrictions. Tourist and recreational activities are officially permitted.
It is prohibited to build any objects not related to industrial needs on the territory of forests, as well as mining.
Special attention to the restrictions that may arise during preventive maintenance - burning of brushwood, forest litter, dry grass and other forest combustible materials is prohibited, and felling is possible strictly within certain boundaries and should not touch any tree in public areas, water protection and wind protection zones and other possible objects of encroachment that go beyond their own site.
The right to have your own forest also gives rise to responsibilities
The main duty of forest owners is to protect it from fire, to take fire-fighting measures in time. It is assumed that the very ability to grow their own forest will reduce the risk of fires, since the owners of overgrown plots no longer need to burn out the overgrown field in fear of receiving fines or that the plot will be deemed abandoned and taken away.
You also need to protect the forest from pests, diseases that can damage neighboring forests, and take action in time.
Although the new rules do not directly stimulate the creation of their own forests, their goal is initially different - to create new jobs, reduce the logging load on the taiga, pristine forests - but nevertheless this is a huge progress and minus one problem with legislation for those who want to grow their own corner of the forest and pass this forest on to the next generations of your family. It is also a big step towards those whose family business is related to the use of forest areas.
What does this government decision mean?
The main thing that has changed is the shift in focus. If earlier the state opposed the emergence of "unauthorized" forests in every possible way, now their value is recognized. If earlier legislation motivated the owners of such forests to destroy them in all possible ways (including the simplest one - by burning), now it creates incentives to protect these forests and use them rationally.
This decision was prepared and promoted by public environmental organizations - the Russian branches of the World Wildlife Fund (WWF) and Greenpeace, the Human Rights Council, the Forest Stewardship Council, ecologists and scientists from various fields, businessmen, bloggers and eco-activists, for many years. At certain stages, the Anastasia Foundation also took part in promoting this idea. All participants have different goals, but a common vision that private forests cannot be illegal, their creation is a great contribution to the future of the planet.
What steps the owners of Kin Domains should take
To begin with, we recommend that all interested persons read the originals of the following documents, they are publicly available on the Internet:
1. Decree of the Government of the Russian Federation of September 21, 2020 No. 1509 "On the peculiarities of the use, protection, reproduction of forests located on agricultural lands"
2. Decree of the Government of the Russian Federation of September 18, 2020 No. 1482 "On signs of non-use of land plots from agricultural lands for their intended purpose or use in violation of the legislation of the Russian Federation"
Further, within two years from October 1, 2020 (or from the moment of registration of the right to a land plot, if it was registered later than 10/01/2020), send to the state authority of the constituent entity of the Russian Federation, authorized to provide state management of the agro-industrial complex of the constituent entity of the Russian Federation, as well as to the Federal Service for Veterinary and Phytosanitary Supervision and the Federal Service for State Registration, Cadastre and Cartography, a notification on the use of forests located on your land plot, indicating the type or types of their use.
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