WATER LEGAL PERMIT
Water permit
The Ekomeritum Group offers comprehensive assistance leading to obtaining a water permit. We not only provide support in preparing an application for a water permit, but also prepare the necessary water report and help in completing the required documents. If necessary, we also participate in administrative proceedings before state administration bodies.
Water permit – Professional support from Ekomeritum
Expert knowledge supported by experience means that environmental protection has no secrets for us. We are well versed in the nuances of the law and constantly monitor changes in legislation. This allows our clients to avoid legal and financial consequences related to failure to fulfill certain obligations.
We provide services at the highest level. We act reliably and on time. We always listen to the client's needs and treat each order individually, taking into account the specificity and nature of a given project. As a result, as part of the actions taken, we managed to obtain many water-legal permits. We also support our clients in the procedure submitting a water law declaration.
We also carry out the necessary measurements and make appropriate calculations. All this makes us provide comprehensive services. We work with both private individuals and enterprises. We operate throughout the country.
Water permits - When are they required?
The issue of the water permit is regulated by the Water Law Act. It describes the ways of using water - ordinary, common, special. (Art. 33 - Art. 36 of the IP). According to its provisions, water-legal permits (otherwise known as water-legal permits) are required e.g. on:
- water intake surface or underground,
- treatment surface and groundwater and their distribution,
- wastewater collection and treatment,
- introducing sewage into waters or into the ground, into water facilities,
- discharge to waters or water facilities - rainwater or snowmelt (...),
- permanent drainage of land, structures or construction excavations (…) – et al.
- drainage of land and crops,
- use of water in ponds and ditches,
- introducing industrial sewage containing substances particularly harmful to the aquatic environment into sewage systems owned by other entities (…),
- agricultural use of sewage if its total amount exceeds 5 m3 per day,
- use of water for business purposes (…),
- performance of works or construction works on a property exceeding 3500 m2, which are permanently connected to the ground, which have an impact on reducing the natural retention of land (...),
- extraction of stone, gravel, sand and other materials from surface waters in connection with the maintenance of waters and inland waterways (...).
- joints (…),
- facilities for the intake of surface waters and underground waters (…),
- outlets of sewage devices used to discharge sewage into waters, into the ground or into water devices, and outlets used to introduce water into waters, into the ground or into water devices, (…),
- retaining walls, boulevards, quays, piers, jetties and marinas (...),
- protective structures, such as flood embankments of bridge structures (...).
What are water facilities?
These are devices or structures used to shape water resources or use them.
(Articles 389, 390 IP)
Unless otherwise provided by law, a water permit is also required for surface water reclamation, long-term lowering of the groundwater table, water regulation, development of mountain streams, as well as the installation of pipelines, conduits in protective pipelines, or culverts through surface water. (Art. 389 of the Water Law)
A water permit is also necessary for locating new projects that may have a significant impact on the environment and new construction works in areas at particular risk of flooding. The same applies to the collection of sewage and materials that may pollute water in areas at particular risk of flooding, as well as the processing of waste in these areas. (Art. 390 of the Code of Criminal Procedure).
It is worth noting that the water permit specifies, among other things, the purpose of the designed water facilities (as well as the procedure to be followed in the event of damage to measuring devices and failure of devices essential for the implementation of the permit).
Its content also includes a description of all works, obligations to measure groundwater quality (periodic measurements of the water table in wells are also important), the scope of use of surface and groundwater, and obligations related to activities aimed at improving the condition of fish resources, participation in the costs of stocking surface waters, conducting water quality measurements and many others (Art. 403, paragraph 6).
Additionally, there are provisions covering the quantity, condition, and composition of agricultural wastewater, the maintenance of water facilities, the obligation to contribute to water maintenance costs, the deadlines for measuring the quantity and quality of wastewater discharged into water bodies, the permissible levels of pollutants in industrial wastewater, and the minimum percentage of pollutant reduction in wastewater treatment. All of this is regulated by the Water Law.
Water Law Notification – When is it necessary?
Recently, the so-called water law notifications.
Water law applications are required, among others in case of:
construction of a platform with a width of up to 3 m and a total length of up to 25 m, constituting the sum of the lengths of its individual elements (...);
running overhead power and telecommunications lines through waters other than inland waterways;
construction of a bathing beach or designation of a place occasionally used for bathing, including in the territorial sea;
permanent drainage of construction excavations, construction of drainage devices for construction facilities (...), drainage of water from construction excavations or from test pumping (...);
construction of drainage facilities for buildings and their water disposal, with an impact range not exceeding the boundaries of the land owned by the plant;
construction of ponds with an area not exceeding 5000 m2 and a depth of up to 3 meters (...);
reconstruction of the ditch consisting in the construction of a culvert or other closed cross-section over a length of no more than 10 m (...);
extraction of materials in connection with the maintenance of waters and inland waterways (...).
(Article 394 of the PW)
What if several entities apply for a water permit?
Article 393 of the Water Law Act addresses what happens when several establishments apply for a water permit, but their operations are mutually exclusive due to the state of water resources. In such cases, priority is given to the entity or entities intending to abstract water to supply the population with drinking water.
Second in line are plants whose activity (water use) will contribute to increasing natural or artificial water retention or improving biological conditions in the aquatic environment.
In what situations is neither a water law permit nor a water law notification necessary?
Water law permits/water law notifications do not require:
construction of water facilities for the abstraction of groundwater for the purposes of ordinary use of water from intakes up to 30 m deep (…);
abstraction of surface water or groundwater in an average annual amount not exceeding 5 m3 per day and discharge of sewage into waters or into the ground in an amount not exceeding a total of 5 m3 per day, for the purposes of ordinary use of water (…);
retaining water in ditches if the range of impact does not extend beyond the boundaries of the plant site;
fishing use of inland surface waters;
inhibiting the outflow of water from drainage facilities;
capturing rainwater or meltwater using water improvement devices (…),
locating temporary construction facilities in areas at particular risk of flooding for up to 180 days,
designation of a tourist trail, construction of a bicycle path, with the exception of bicycle paths running through surface waters.
(Article 395 of the PW)
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Water law assessment – when is it required?
In the case of the construction of water facilities and planned use of water that may have a negative impact on the chance of achieving the environmental objectives established for water resources, a water law assessment will also be necessary.
Pursuant to the provisions of the Water Law Act (Article 425), obtaining it is required, among others, for investments or activities in the field of:
water regulation, development of mountain streams and shaping new beds of natural streams,
long-term lowering of the underground water table level,
use of water services,
construction of water facilities,
reclamation of surface or groundwater,
changes in the terrain on land adjacent to waters that affect water flow conditions.
Water law survey - why is it so important?
Water law consent is granted by issuing a water law permit (or accepting a water law application). However, for this to happen, certain documents must be attached to the application. One of them is the water law survey, consisting of a descriptive and graphic-drawing part. It specifies, for example, the purpose and scope of the intended use of water, the description and location of the water facility or the characteristics of the waters covered by the water law permit.
The water-legal reports prepared by us are documents that meet all formal requirements. They are carried out according to detailed rules, and our experts have the necessary knowledge and experience, which allows them to create fully-fledged descriptions of the assumed activities and planned water devices and installations.
Compliance of water-legal surveys with applicable standards is a priority for us. It streamlines the administrative procedure and increases the chance of a positive consideration of the application. Thanks to the thorough knowledge of water law regulations, we manage to achieve it.
In our career, we have performed a number of surgeries, e.g. on:
discharge of sewage into waters,
abstraction of groundwater and surface water,
discharge of industrial sewage to the sewage system,
execution of water devices.
As mentioned above, the water law survey is not the only document needed. It is also required to decision on determining the location of a public purpose investment, or the consent of the owner of sewage facilities, if a water law permit is to be issued for the introduction of sewage containing substances particularly harmful to the aquatic environment into sewage systems.
Water law report – descriptive and graphic part
A water report consists of two parts: descriptive and graphic. What can you find in them? The descriptive form of a water report includes, among other things:
functional or technological diagram of water facilities,
description of the water quality at the place of intended discharge of sewage into water or soil,
specification of the legal status of real estate located within the range of impact of water use,
basic longitudinal and cross-sections of water facilities and water channels flowing within their range of influence,
time expressed in days when rainwater or meltwater is discharged into waters,
defining the characteristics of land intended for agricultural use of sewage,
information on how to manage sewage sludge,
determining the condition and composition of industrial wastewater entering the collective sewerage systems that supply wastewater to municipal wastewater treatment plants,
information on the multi-year mean low flow (SNQ) or groundwater resources,
determining permissible amounts of pollutants,
information on forms of nature protection created or established on the basis of the Act of 16 April 2004 on nature protection,
information on the ratio of the capacity of water retention facilities to the annual amount of rainwater and meltwater.
The graphic section, in turn, includes maps and diagrams that present the planned investment in the context of water management. It should be noted that the graphic portion of the water law report should be saved as raster files (PDF) or in a spatial vector data format.
Issuing a water permit – Procedure
The procedure of obtaining a water permit starts when the investor submits an application for a permit. The competent administration body examines the submitted documents and, after confirming their completeness, notifies the parties to the proceedings. Mandatory are:
entities that will be affected by the intended use of waters or
entities within the impact range of the planned water facilities.
The parties to the proceedings may submit their opinions and motions. Their legitimate interests will be taken into account by the authority in the water law permit through the application of relevant provisions. The authority has 30 days to issue a decision. In practice, however, the waiting time for obtaining a permit is longer and ranges from 2 to even 4 months, because you have to add the time that the parties to the proceedings have to express their views and the time of circulation of correspondence.
The relevant authorities may refuse to issue a water permit if the method of using water violates the provisions of the documents indicated in the regulations, and for hydropower purposes, if it does not ensure the use of hydropower potential in a technically and economically justified manner (Art. 399).
Application for a water permit – something to remember
To obtain a water permit, you must submit an appropriate application, supported by supporting documents. These should include, among other things, an extract and a map of the local zoning plan. If the investment in question lacks an extract and a map, the application must be accompanied by a decision on development conditions or a decision on the location of the public-purpose investment.
The application for a water permit should also include extracts from the land register (which may be simplified). This is necessary for properties located within the range of the intended water use or planned water facilities.
There may also be additional requirements related to the specific nature of the planned projects or water facilities. If the application concerns the damming of surface water, a draft water management manual must be attached.
Water permit – fines and fees
The Water Law also provides for the possibility of imposing penalties on entities using water resources. Which activities are penalized? There are quite a few.
This includes, for example, the fact of abstracting groundwater or surface water without the required water permit, failure to install facilities to prevent damage or reduce the negative effects of the execution of a water permit, or the introduction of rainwater or meltwater into water facilities if they contain substances that are particularly harmful to the aquatic environment as defined in the regulations.
Additionally, if during an inspection it turns out that an entity is operating without the required water permit, the Polish Water Authority may prohibit the use of water.
The fee for issuing a water permit according to Article 398 of the provisions of the Act of 20 July 2017 – Water Law is (as of 21 July 2025):
PLN 127,73 - for accepting a water law notification,
PLN 318,60 - for issuing a water law permit,
multiple of the fee for issuing a water permit – if, within one decision, the authority issues at least two permits of different types, then the fee is multiplied by the number of permits issued, and the fee cannot be higher than PLN 6372,27,
PLN 1274,47 - for issuing a water-legal assessment.
Who announces the fees for issuing a water permit? The Minister responsible for water management. An appropriate notice appears in the Official Journal of the Republic of Poland, "Monitor Polski," no later than October 31 of each year.
Do you need additional information about applications, fees and requirements arising from the implementation of a water permit?
Contact our specialists and take advantage of their knowledge!
In most cases, the water law permit is issued by: regional water management boards of Polish Waters or the Director of the Polish Waters Catchment Board (Article 397 of the PW).
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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.