Three steps to… obtain a water permit under the so-called “water permit”. road specs act

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STEP I. Before you proceed with your intention

According to the Water Law Act, a water permit is required for the construction of water facilities, structures or works in areas of special flood risk, but also for the discharge of wastewater into water or land. All of these cases can be considered under the so-called. specs.

A special case in terms of the administrative procedure is the obtaining of a water law permit for an investment carried out on the basis of a road speculative law. The Act of April 10, 2003 on special principles of preparation and implementation of investments in the field of public roads (Journal of Laws 2023.162 t.j.) in Article 11d para. 4 indicates the deadline for obtaining such a permit. If the implementation of a road project requires a water permit, the Water Authority shall grant it within no more than 30 days from the date of submission of the application. The water permit decision will apply to a specific element of the proposed road project (e.g., a water facility or rainwater drainage), so in most cases it will be granted by the director of the drainage board.

If your project will require crossing the embankments or the related work is planned within 50 meters of them (on both sides), it will be necessary to obtain an exemption from the prohibition of works or activities that may affect the integrity or stability of the embankments. You must obtain this decision before the water permit. They are issued by a unit of the Polish Water Authority – the director of the Regional Water Management Board.

Remember!
The water law permit does not replace the opinion of the director of the Regional Water Management Board referred to in Art. 11 d para. 1(8)(d). It refers to the overall investment. In it, the authority may specify the qualification of various elements of a road project in terms of the need for water consent.

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 is PLN 250.00 and should be paid to the account of the Water Authority. If several water permits are issued in a single decision that are not identical in type, the costs are multiplied by the number of these permits.

Example: 1 x making an outlet + 1 x draining water = 2 x £250, so the total fee will be £500

Attach to the application for a permit a written water supply report, in descriptive and graphic form, as well as on a computerized 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 adapted to the type of activity to which the permit applies.

If you apply for a water permit under the speculative law, you do not submit, along with the water permit, an excerpt and extract from the local zoning plan, a decision on the location of a public purpose investment, or a decision on development conditions.

Remember!
If you want to obtain a decision within 30 days, indicate in your application for a water permit that you are acting under the provisions of the speculative law. The issuing authority is not clairvoyant.

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

STEP III. WORKS AND OPERATION

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

If the implementation of a road project requires the passage of flowing water areas, the relevant road manager is entitled to occupy them free of charge for the duration of the project. The scope, conditions and timing of such occupation shall be determined no later than 30 days before the planned commencement of the work by written agreement with the director of the Regional Water Board.

Remember!
The special law regulates the occupation of land for the duration of the project. Once the work is done, you should get permission from the Water Authority to use the land.

Land covered by flowing surface waters is given away by contract. The Water Law does not provide for any other form of transfer of these rights. The application is submitted to the director of the Regional Water Board. Signing a contract is time-consuming and, according to the Water Authority’s website, takes up to 120 days, calculated from the submission of a complete application.

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