WATER LAW NOTIFICATIONS
Water law application
Are you planning to carry out works, activities or water facilities? Analyze what formalities await you! It is not necessary in all cases water law permit. In some situations, a water law notification is enough for you - apparently with a less complicated administrative procedure than in the case of water law permits - but are you sure?
If you are interested in whether you are subject to a water law notification or a water law permit - contact us! EKOMERITUM offers comprehensive services for the preparation of a water law survey for both a water law application and a water law permit. We will find a solution for you too!
Certain objects and works can be carried out on the basis of a water law notification - without the need to apply for a water law permit. Water law notifications were separated as a separate procedure some time ago, with the intention of facilitating official formalities.
From the point of view of investors, enabling is of great importance in the form of a water law notification execution culvert in the ditch and drainage of construction excavations.
For many entrepreneurs, as well as private individuals, it is not without significance that this simplified form of administrative procedure is used to legalize the planned construction investment bridge or creatures pond.
What is subject to a water law notification?
- The following are subject to the requirement to submit a Water Law Notification:
- implementation of drainage devices for buildings where the impact range does not extend beyond the boundaries of the land owned by the plant;
- drainage of water from construction excavations and from test pumping of hydrogeological wells;
- laying overhead power and telecommunications lines through waters other than inland waterways;
- long-term drainage of construction excavations;
- reconstruction or reconstruction of drainage devices located in the right-of-way of public roads, railway areas, airports or airstrips;
- reconstruction of the ditch by making a culvert or other closed section over a length of not more than 10 m;
- construction of a platform up to 3 m wide and up to 25 m in total length (total length is understood as the sum of the lengths of its individual elements);
- creating a bathing beach or designating an occasional bathing place (also in the territorial sea,
- berthing of ships intended for residential or service purposes on flowing waters;
- construction of ponds (not filled as part of water services) filled only with water:
-
- precipitation,
- snowmelt,
- ground - an area not exceeding 1000 m2 and a depth not exceeding 3 m from the natural surface of the land, with a range of impact not exceeding the boundaries of the land of which the plant is the owner;
- carrying out works (in waters and other works) that may cause changes in the state of groundwater;
- extraction of stone, gravel, sand, and other materials from waters in connection with the maintenance of waters, inland waterways, renovation of water facilities - as part of the water owner's duties.
Implementation of two or more projects
If the implementation of two or more projects (regarding a bridge, ponds, ditch) - results in exceeding the parameters specified for these projects, the authority examining the notification indicates the need to obtain a water law permit.
When submitting a notification (of a bridge, ponds, ditch) - the parameters cumulated with other planned, implemented and completed projects are taken into account.
If the project includes activities, works, devices that require a water-legal permit and a water-legal notification, both applications for a water-legal permit and a water-legal notification are considered in one administrative procedure, the end of which (provided that the applications meet the conditions for a positive conclusion of the proceedings) is the issuance of a water law permit.
[art. 394 at PW]
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How to make a water law notification?
There is no binding structure or template for this documentation, there is only the information that should be included in the application.
The water law notification should contain the following information:
- designation of the applicant with an indication of both the registered office and the location of the subject of the application .
This applies to the entity:
a) using water as part of water services,
b) performing water facilities,
c) performing other activities requiring a water law permit.
The applicant may be both a private (natural) person and a legal person (company);
- demonstrating the purpose of the planned activities, works or water facilities (i.e. an explanation of whether we act for private purposes, related to business activity, or perhaps agricultural activity);
- demonstrating the legal status of the real estate where the works are carried out, water facilities will be made (specify whose property the real estate is);
- description of the planned works, parameters characterizing these works and conditions of the works;
- informing about the location of works or water facilities, providing also the names and numbers of the plots on which they will be located, along with the registration precinct and their coordinates (e.g. from the Geoportal);
- the date of commencement of works/activities for which we planned the investment in advance.
- [art. 421 at PW]
The following should be attached to the water law application:
- a situational and height map (usually taken from the National Geodetic and Cartographic Resource). The following should be marked on the map: scheme of planned activities, works or water facilities along with their range of impact. The above-mentioned map may be replaced by another map certified by the authority of the state geodetic and cartographic service;
- sketches or drawings;
- excerpt and excerpt from the Local Spatial Development Plan (Local Spatial Development Plan), and if there is no local spatial development plan for a given area, a decision to determine the location of a public purpose investment or a decision on development conditions, if required by the Construction Law.
- consent of the owner of the water device necessary to perform the planned activities, works or water devices (when he is not the applicant at the same time);
- confirmation of the fact that the administrative fee has been paid to the bank account of the authority examining the water law application.
Which authority is competent to consider the water law application? – Where to submit a water law notification?
The water law notification is submitted to the locally competent authority of the Polish Waters.
When should I report?
The water law notification should be submitted to the examining authority before the commencement of activities, works or use of water facilities.
The water law notification should also be accepted by the authority before:
– submitting a construction notification,
– execution of construction works,
– notification of a change in the use of the building or its part.
[art. 388 at PW].
How is the application reviewed by the authority?
If the investment is subject to a water law notification - then it should not start before 30 days from submitting the notification to the authority (and it is safer not to start the investment before about 37 days from submitting the notification to the authority if we have not received an objection or a letter asking for clarification earlier - these 7 additional days are a safe period for receiving a letter with comments to the notification - if the office sent them in the last days of the procedure for its consideration).
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What are the possible types of termination of the administrative procedure?
If the authority does not send a letter of objection or a request for clarification within the above-mentioned period, it means that the authority considered the application in the form of tacit consent.
The situation is different when the office notices the lack of one of the documents - but such a situation should not immediately lead to an objection. In such a case, the Authority usually calls the Applicant to complete the missing documents or information and sets a specific deadline for this activity, and in the event of failure to complete them within the indicated period, it has the right to raise an objection.
Information about the current status of the case is usually posted on the website Public Information Bulletin of Polish Waters. The information posted there usually concerns the filing of a notification, the filing of an objection, the expiry of the deadline for lodging an objection (i.e. information about the lack of objection.)
IMPORTANT ! – The applicant has the option of submitting an application for a certificate of no objection. After receiving such a certificate, he is sure that he can start work on the investment. Such a certificate may prove useful as an attachment to subsequent administrative procedures when applying for a building permit, submitting a construction notification, or performing construction works.
It should also be noted that in the case of no commencement of works before the expiry of 3 years from the deadline indicated in the water law notification, the notification will become groundless and it will be necessary to notify the intention to perform the given facilities, activities or works again, if we are still interested in their finalization.
It should also be noted that the mere filing of a water law notification does not release from the obligation to obtain arrangements and decisions resulting from the requirements published in other legal acts.
What if water supervision objects to the devices, activities, works indicated in the water law notification?
The reason for the objection may be not only failure to supplement formal defects (i.e. documents).
The reason for the objection may be the fact that the performance of activities, works or water facilities, the use of water:
is subject to the obligation to obtain a water law permit;
violates the provisions of documents applicable locally or regionally in the area where the planned investment is located. (among others: local spatial development plans, river basin management plan, protection plans and plans of protective tasks for protected areas, decisions on development conditions and decisions on determining the location of public purpose investments, the national municipal sewage treatment program, flood risk management plan, drought effects counteracting plan, marine water protection programme);
does not meet the protection requirements of: the environment, human health, protection of nature and cultural assets entered in the register of monuments, incl. regulations;
violates the interests of third parties (e.g. water owner);
threatens the achievement of environmental objectives set out in the Water Law Act.
What does not require a water law notification?
- There are projects that do not require a water law notification or a water law permit. These are e.g. :
- construction of water devices for the intake of groundwater for the purposes of ordinary use of water from intakes with a depth of up to 30 m;
- abstraction of surface water or groundwater in an annual average amount of up to 5 m3 per day for the purposes of normal use of water;
- introducing sewage into waters or into the ground in a total amount of up to 5 m3 per day, for the purposes of ordinary use of water;
- retaining water in ditches, if the impact range does not go beyond the boundaries of the land owned by the plant;
- inhibiting the outflow of water from drainage facilities, if the range of impact does not go beyond the boundaries of the land owned by the plant;
- cutting plants from waters or the shore in connection with the maintenance of waters, inland waterways and the renovation of water facilities;
- interception of rainwater or meltwater using water drainage devices, if the range of impact does not exceed the boundaries of the land owned by the plant;
- fishing use of inland surface waters;
- performance of urgent security works during floods, natural disasters, declared states of epidemic threat.
- [art. 395 at PW]
What is a water law assessment?
- Investments and activities for which a water law assessment is required include:
- execution of water devices,
- use of certain water services,
- change in the topography of land adjacent to waters affecting the conditions of water flow,
- construction works and structures affecting the reduction of natural land retention,
- introducing substances that inhibit the growth of algae into inland surface waters,
- long-term lowering of the groundwater table,
- damming of underground water.
- [art. 425 at PW]
The water law assessment is issued, by way of a decision, at the request of the entity planning the implementation of the investment or activity subject to the above-mentioned assessment.
[art. 426 at PW]
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.
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