Fencing of lake shores – MPs approved a petition to curb the practice

Blocking access to public inland surface waters is becoming more common. As a result, deputies from the Parliamentary Committee on the Affairs of the House of Representatives (Sejm) have been asked to take a closer look at the situation. The Petitioners leaned on a petition proposing an amendment to the water law. The petition was brought by a tourism organization and is in response to the growing problem of fencing off access to lake shorelines.

The current legal standards for the restricting access to the coastline

Many probably dream of a private beach, right under the property purchased on the lake. However, if you have purchased such a property, know that it is an offense to block access to water. Poland has a universal water right. It is contained in the Water Law of 2017. and reads as follows: Everyone is entitled to the public use of public inland surface waters, internal sea waters and the waters of the territorial sea. The general use of water is for personal, household or agricultural needs, without the use of special technical devices, as well as for recreation, tourism, water sports and amateur fishing (in accordance with fishing regulations).

As a general use of the environment, owners of parcels of land adjacent to public inland waters are not allowed to fence their property within 1.5 meters of the shoreline. The shoreline is considered to be the edge of the shore or the line of permanent grass growth. They also may not prohibit or prevent other residents from passing through the area, and are required to allow water access in connection with water maintenance work and the need to set up navigational signs or hydrological and meteorological measuring devices.

If there are any restrictions on free access to the water or movement along its shore, notify the relevant services. The Water Law specifies that anyone who commits an offense owes a criminal fine. Such a penalty may be the result of a preceding inspection performed by Water Authority staff. The fine is up to 5,000. PLN. For detailed information on regulations and references to specific articles of laws, see one of our previous articles: Access to Water .

However, for years there have been trends of inappropriate development of lake shores and preventing access to them. The NIK audit covering the period from January 1, 2019. Through June 30, 2022. conducted at the Ministry of Infrastructure and the Polish Water: KZGW, five regional water management boards, five basin boards and five water supervisors confirmed this.

Many property owners adjacent to the shoreline, not wanting the presence of others on their property, fence off access to the lake, often covering significant areas of SP-owned land, then erects illegal water facilities (piers, marinas, etc.) on these lands. In most cases, this involves the transformation and devastation of the shoreline and the destruction of coastal flora and fauna – reads the NIK report.

Tourism industry response to fencing of lake shores

On Monday, June 26, 2023, in the municipality of Wijewo, the National Conference Leszno Lake District – selected problems was held. The theme of the event was lake protection, and the program also focused on anthropogenic factors. It was at this conference that the organizer, the Leszno-Region Tourism Organization, expressed its opposition to the growing phenomenon of fencing off water banks. A petition was launched for this purpose, which the MPs present there promised to support in the parliament.

What is the petition about?

The petition expects an amendment to the Law of July 20, 2017. Water Law. The main point of it is to replace the misdemeanor, in breaking the law, with an administrative penalty. Such a change will make legal entities, including companies carrying out their investments on the shores of lakes, in addition to individuals, liable. The administrative penalty would also be more severe, as it could be up to 30,000. PLN, which may influence the decisions of riparian landowners. Another advantage of the amendment is timeliness. Criminal-administrative proceedings are much faster than a misdemeanor case, which, with a one-year statute of limitations on the act, can make a big difference.

Further proceedings

The Office of Parliamentary Analysis clearly emphasizes the importance of the problem. On April 25, the Parliamentary Committee on Petitions approved a petition submitted by the Leszno-Region Tourist Organization. It will then be forwarded to the Ministry of Infrastructure for further consideration. We will be looking into this matter.