Three steps to… obtain a water permit for overburdening and raising the ground on a plot next to the river

uzyskania pozwolenia

STEP I. Before you proceed with your intention

According to the Water Law, a water law permit is required for overburdening and raising the ground on a parcel of land at risk of flooding from surface waters, i.e. for a change in the landform on land adjacent to waters that affects water flow conditions.

Since the planned elevation of the land on the plot is intended to prevent it from flooding from surface water, there is no need to fool yourself and prove that your landform change will not affect flow conditions. It will flow in and out.

Any landform modification on land adjacent to water that affects water flow conditions, i.e. flooding of neighboring land, requires a water permit.

Remember!
If you over-saturate and elevate the land on one side of the river, you change the direction of water flow on the other side.

STEP II. Necessary documents

Gather the necessary documents and apply for a water permit.

A water permit is issued upon application for a water permit.

You will obtain them from the relevant unit of the Polish Water Authority – the nearest catchment area board.

The fee for issuing a water permit is PLN 250.00 and should be paid to the account of the Polish Water Authority.

The application for a permit shall be accompanied by a water supply operation, prepared in writing, in descriptive and graphic form, as well as on a computer data carrier as a text document.

The operative must meet the requirements set forth in Art. 409 para. 1 and paragraph. 2 of the Water Law, and the descriptive part should be tailored to the type of activity to which the water permit applies.

Remember!
The operative is to contain all the information indicated in Art. 409 para. 1 and paragraph. 2. If the indicated point does not apply to a change in shape, the operative should state “not applicable.” Omission or deletion of a particular item will result in a call for supplementation.

Operat mark the date of its execution. It is also important to include a description of the project that does not include specialized terms.

STEP III. WORKS AND OPERATION

You can proceed with the execution of the work in compliance with all other applicable regulations.

Soil and soil, including dredged material and debris brought to the plot, constitute waste, which means that according to the Waste Law you should have a decision regarding waste disposal on the plot.

You are exempt from the requirement to obtain a waste collection or processing permit if you use the waste for your own purposes. Without a permit, you can accept a small amount of earth masses and debris on a plot and topdress the area with up to 200 kg of earth per square meter of its surface. This means an acceptable elevation of 20-25 cm on average.

If you have changed the landscaping illegally, without a water permit, to the detriment of neighboring land, the owner of the flooded property will certainly report the fact to the competent administrative authority. In Poland, the law “wolnoć Tomku w swoim domku” does not work, and you will have to bear the consequences of your actions.

Remember!
Legalization of an illegally made reshaping will cost you 5,000 zlotys.

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