Water-legal permit - preparation of a water-legal survey

WATER LEGAL PERMIT

Water permit

We offer comprehensive assistance leading to obtaining a water permit. Not only do we provide support in the preparation of an application for a water-legal permit, but we also prepare the necessary water-legal survey and help in completing the required documents. If necessary, we also participate in administrative proceedings before state administration bodies.

water law permit

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,
  • water treatment and 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 (…),
  • 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 (...),
  • 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, piers and harbors (...).
water law permit

(Articles 389, 390 IP)

A water law permit is also necessary in the case of locating new projects in areas of particular flood risk that may have a significant impact on the environment and new buildings (Article 390 of the PW).

Water law application. – 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 (...);

execution of joints (…);

reconstruction of the ditch consisting in making a culvert or other closed cross-section over a length of not more than 10 m (...).

(Article 394 of the PW)

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 (…);

water retention in ditches;

inhibiting the outflow of water from drainage facilities;

interception of rainwater or meltwater using water drainage devices (…).

(Article 395 of the PW)

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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.

water law permit

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.

Issuance of a water law 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 fee for issuing a water permit is, in accordance with Art. 398 of the Act of July 20, 2017 - Water Law is (as of January 1, 2021):

PLN 92,23 - for accepting a water law notification,

PLN 230,05 - for issuing a water law permit,

multiple of the fee for issuing a water-legal permit - if, under one decision, the authority issues at least two permits of the same type, then the fee is multiplied by the number of permits issued, but the amount of the fee may not be higher than PLN 4601,08.

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).

More information at the links:

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.

Contact us! - Trust our specialists!
We are available from Monday to Friday from 8:00 to 16:00.