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Rules On The Establishment Of The Park And The Mežaparks Woods And Their Management

Original Language Title: Noteikumi par parku un mežaparku izveidošanu mežā un to apsaimniekošanu

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Cabinet of Ministers Regulations No. 123 in Riga 5 March 2013 (pr. 13. § 18) the rules on the creation of the park and the mežaparks Woods and their management have been issued in accordance with article 38.4 of the forest act first and second part i. General questions 1. determines: 1.1. procedures to be created in the forest parks and mežaparks; 1.2. the park and mežaparks management principles; 1.3. the procedures for the granting and calculation of compensation for forestry activities restrictions mežaparko; 1.4. where the mezaparks is not the subject of tree felling, forest reproductive material, forest renewal and regeneration. 2. These rules under the control of the municipality competences, the national forest service, the environmental protection administration and the national cultural monument protection Inspectorate. 3. If the planned park or area not kaiserwald municipality-owned or land government acquiescence with the land owner or legal possessor agree on land units into the park or area of mežaparks. 4. the intention to create a park in the woods or the public authorities mežaparks consultation and inform the environmental protection administration and the national forest service. 5. the nature protection authority within 10 working days of receipt of the information of the intention to create a park in the woods or a municipality provides the mežaparks in existing data on specially protected species Habitat, and specially protected habitats in the territory and the conditions of validity and the favourable conservation status, and especially protected natural areas protection, if the planned park or located in mezaparks specially protected natural area or mikroliegum. Nature protection authority can give instructions about the additional need in any group of species and habitats and habitats of species receive protection certified expert (hereinafter expert) opinion on especially protected species Habitat, and specially protected habitats being planned the park or area of mežaparks and measures their favourable conservation status. The municipality upon expert opinion. 6. the planned park or area of mežaparks, including extensible or renewable in the territory are expected to evaluate the recreational load, tree condition. Tree assessment of the municipality shall assess the need to call a certified kokkop (arborists).
II. The Park for the creation and management of fundamental principles for the establishment of the Park 7 carried out the following activities: 7.1. development projects; 7.2. the binding provisions of the municipal park, management and protection (hereinafter referred to as the park management rules); 7.3. the construction and adoption of the park service. 8. The Park creates the appropriate construction laws governing. Construction of the Park in the general development of būvnoteikumo. 9. Historical park, which is older than 50 years of development in the entire construction area, preventing the further degradation of land units, as well as respecting the heritage nature of the environment, design of structures, diversity of species and landscape architectural details. If the park, its part or an object is a national cultural monument protected by developing projects for expanding the historical park (conversion), renewal or restoration, the national cultural monuments protection inspections succeed. 10. If the historic park, which is a national protected monument of culture, is installed at a certain historical perspective or project if it is approved, a detailed determination of the status of the park under these regulations may not develop this rule 7.1. projects referred to. 11. in the area of forest that is under construction in the park's territory is included in the atmež. Historic park which the park's status shall be determined in accordance with the provisions of paragraph 10, the updating of land use is not considered deforestation. 12. The municipality according to the legislation on compensation of deforestation detection criteria, calculation and compensation arrangements shall be submitted to the national forest service request with deforestation caused by the negative consequences for the calculation of the amount of compensation and by national forest service calculates the receipt immediately, but not later than five working days in writing to the construction of the agent (if construction is not a Government agent) on payment of compensation for the country recovered, if any. 13. the construction of the Park started after: 13.1 paid compensation, if deforestation is required, and the necessary planning permission received; 13.2. received national cultural monuments protection inspection written authorisation, if the construction affects the national protected cultural monument or the protection zone; 13.3. the subject of national forest service issued proof of felling trees, deforestation, harvesting of tree cutting if necessary. 14. Park or part thereof is deemed to be created if the park as a whole or its construction has been accepted into the round and the Municipal Council has issued rules for the management of the park. Shall specify: 14.1. park territory (territory); 14.2. the present value to be protected in the park, including: 14.2.1. dendroloģisk values (local and woody species, encompasses what is outstanding its taxon-species, subspecies, varieties, forms, clone or breed-copies) in accordance with the recommendations and dendrolog certified kokkopj (arborists), if in the opinion is received; 14.2.2. specially protected species Habitat and protect habitats, in particular on the basis of the information received in accordance with the provisions in paragraph 5 of the said conditions; 14.2.3. the trees with large (more than 50 centimetres in diameter) nests, large-scale or biological dobumain in old trees, including trees whose girth 1.3 metres above the tree root neck is larger than two metres; 14.2.4. cultural values; 14.3. the conditions for the management of the park including: 14.3.1. regular care of plantations and restoration; 14.3.2. Crown of trees and shrubs for regular care and formation; 14.3.3. dead tree stumps and dismemberment and disposal of krital, if they present a threat to people and the park structure, the entertainment element, small architectural forms security, and is contrary to the specific park features; 14.3.4. care of the park territory, including the collection of waste; 14.3.5. necessary for the functioning of the park structures, the entertainment element, small, for the maintenance of the architectural form in good condition, to ensure the safety of the operation or use and higiēniskum, the safety to human health and the environment; 14.3.6. the water park territory for the hydrological regime optimal, drainage system maintenance and care; 14.4. the cultural monuments protection requirements if the park area touches the national protected cultural monument or the protection zone; 14.5. the requirements for the conservation of the natural values, respecting the installation plan and park best solutions specially protected natural areas, mikroliegum, and specially protected species specially protected habitats favourable conservation status; 14.6. the informative sign manufacturing and deployment conditions; 14.7. other conditions for the management and protection of the park. 15. The municipality of park management provisions for the harmonisation of the sends the land owner or legal possessor the mežaparks where the outside local government creates the Earth and nature protection authority, if the park creates a specially protected natural area or mikroliegum. Nature protection authority shall give an opinion within 10 working days of the receipt of the draft regulation on management. The land owner or legal possessor of opinion within one month after receipt of the draft regulation on management. 16. This rule 14.2. park referred to in present values be protected without compromising the security of the people and respecting the principles of the creation of the park. 17. So, without compromising the safety of persons, ensure the conservation of trees in circumference 1.3 metres above the tree root neck is bigger than two meters, not less frequently than once every 10 years, the municipality or the park keeper, employing certified kokkop (arborists), assess the condition of the tree. 18. The Park trees strike according to the laws and regulations governing the felling of trees outside forests. 19. At the entrance to the park place information on public access to the park.
III. for the creation and the Mežaparks management fundamentals

20. you can create the Mezaparks villages and cities in the area, the surrounding area or to the public interest. Outside the town and village areas of mežaparks creates a place where forest area of not more than 1000 hectares. 21. the establishment of the kaiserwald to following: 21.1. kaiserwald project development; 21.2. the binding rules of the municipality of kaiserwald, management and protection (hereinafter the management provisions of the kaiserwald) issue. 22. the kaiserwald project includes: 22.1. territory map that marked the boundary of the territory of the kaiserwald; 22.2. projected kaiserwald infrastructure (structures, including natural tourism and territory of cognitive infrastructure and facilities element) location; 22.3. kaiserwald zoning plan, if any. 23. the kaiserwald construction project can be developed in accordance with the construction of the regulatory laws. 24. Creating mežaparks, it can be included in the territory of different land use categories of land from which forest area is at least 50 percent of the total area of mežaparks. 25. the Mezaparks, respecting the nature of the functions programmable (leisure, sport or entertainment), you can determine the zoning, the zones provide a different site management conditions. Particularly protected species Habitat, and specially protected natural habitats for the conservation of other values for the natural protection zone. 26. the nature of tourism and the Mežaparks cognitive infrastructure, areas of facilities and other structures construction carried out in kaiserwald project under construction regulatory laws. 27. If the installation of the infrastructure of the kaiserwald (construction) the area is atmežojam, according to the local laws for deforestation compensation criteria, calculation and compensation arrangements shall be submitted to the national forest service request due to the deforestation of the negative consequences for the calculation of the amount of the refund. Municipality by calculation from the national forest service immediately, but not later than five working days in writing to the construction of the agent (if construction is not a Government agent) on payment of compensation for the country recovered, if any. 28. Areas intended for installation in sports, training and tourist trails, which are wider than two metres and which is not imposed on the hard cover (except week cover), as well as areas for the installation of mežaparks recreation spot, if not greater than 0.1 hectares and is not imposed on the hard cover, not atmež. 29. Mežaparks or part thereof is deemed to be created, if the Municipal Council has issued management rules kaiserwald. Shall specify: 29.1. kaiserwald area (territory) and its zoning; 29.2. the conditions of aesthetic territory kaiserwald, scenic and heritage preservation, including mežaparks in protected values: 29.2.1. values in accordance with dendroloģisk dendrolog and the certified kokkopj (arborists) recommendations of the opinion, if it is received; 29.2.2. specially protected species Habitat and protect habitats, in particular on the basis of the information received in accordance with the provisions in paragraph 5 of the said conditions; 29.2.3. trees with large (more than 50 centimetres in diameter) nests, large-scale or biological dobumain in old trees, including trees whose girth 1.3 metres above the tree root neck is larger than two metres; 29.2.4. cultural values; 29.2.5. proportion of forest area to be retained; 29.3. the conditions of care, kaiserwald territory including the felling of trees, threatening the lives and health of people, buildings and infrastructure projects (hereinafter referred to as the hazardous trees), and the collection of waste; 29.4. the conditions for the functioning of the kaiserwald premises, entertainment features and small architectural forms in the maintain in a good state of repair, their operation or use and higiēniskum, the safety to human health and the environment; 29.5. specially protected natural areas, mikroliegum, and specially protected species specially protected habitat protection and management; 18.4. the heritage value of the conditions of protection and management; 18.5. the other conditions of the territory management and kaiserwald. 30. The municipality of kaiserwald management sends the draft terms for the harmonization of land owner or legal possessor the mežaparks where the outside local government creates the Earth and nature protection authority, if the establishment of mežaparks specially protected natural area or mikroliegum. Environmental protection administration opinion provided within 10 working days of the receipt of the draft regulation on management. The land owner or legal possessor of opinion within one month after receipt of the draft regulation on management. 31. the local authority within 10 working days of the kaiserwald management regulations come into force shall inform the national forest service, which shall carry out the appropriate changes in the national registry of the forest. 32. Forest managed in mezaparks, in accordance with the provisions of the management and the kaiserwald forest management and use of regulatory laws, if one has not developed mežaparks forest management plan which identifies the individual (specific) forest management conditions and techniques.
33. Forest management plans, land in the legal possessor or their authorized person in accordance with the provisions of the management of mežaparks. The forest management plan approved by the municipality and inform the national forest service and the environmental protection administration. 34. The municipal forest management plan shall be forwarded to the nature protection authority, if the mezaparks is located in specially protected natural area or mikroliegum. Nature protection authority shall give an opinion within 10 working days. 35. we can not apply the Mezaparks General tree felling, forest, forest reproductive material recovery and regeneration rules if: 21.8. requires replacement or diversification stands volume production with other (including ornamental or introduced) tree species and tree shoots landscape curls; 35.2. be sports, school and tourist trails, which are not more than two metres, and the rest of the area which is not greater than 0.1 ha, trees cut to another lock; 35.3. restoring or ieaudzēj forest, landscape diversification uses the local or ornamental tree species; 35.4. the areas (conservation areas), where the trees don't strike, but that different factors affect stumpage šķērslaukum is less than the critical šķērslaukum, allows you to recover naturally. 36. If in 10 years time this rule 35.3 and 35.4. forest area referred to do not comply with article 1 of the law of Forest in paragraph 34 that the definition of forest, an area the forest renewal under the laws and regulations on forest renewal or updating of the atmežojam, the area of land use. 37. In order not to endanger human safety, ensure the conservation of trees in circumference 1.3 metres above the tree root neck is more than two metres, part of the kaiserwald with intensive recreational load local or operator of mežaparks not less frequently than once every 10 years, employing certified kokkop (arborists), assess the condition of the tree.
IV. establishment of mežaparks Park and the Baltic Sea and the Gulf of Riga in the coastal zone

38. creating a park and mežaparks in the Baltic Sea and Gulf of Riga coastal coastal dune Strip, in addition to the provisions in chapters II and III above comply with the following conditions: 38.1. it is prohibited to change the coastal dune terrain; 38.2. the park and kaiserwald infrastructure designed to avoid possible erosion processes; 23.8. stores especially protect habitats, from those eliminated the negative anthropogenic impacts; 23.9. retain all the pine trees over 160 years ago, except hazardous trees and trees that are carved, the light-certified kokkopj (arborists) opinion. 39. to ensure public recreation, sports and entertainment for the right conditions, the Baltic Sea and Gulf of Riga coastal protection zone established in the kaiserwald forest area can be provided only in the public infrastructure and tourism and public-interest recreation objects whose total area does not exceed 15 per cent of the kaiserwald area located in the protection zone. 40. If the planned park or kaiserwald (mežaparks area includes the area of atmežojam) is designed for installation in the Baltic Sea or the Gulf of Riga coastal dunes, coastal zone construction agent to those provisions referred to in paragraph 41 of the responsible Ministry. The application shall be accompanied by: 24.9. the planned park construction methods or design project, if plans to fix up the park, or the project developed kaiserwald in accordance with the provisions of paragraph 22, and the planned structure or meta design project; 40.2. the nature protection management conditions, expert opinion and decision on development consent, if carried out an environmental impact assessment; 40.3. the land of the country-wide computerised information for the forest owner or legal possessor; 40.4. local government assurances on construction plans compliance with municipal territory planning and detailed plan, if any, as well as the relevant developed building regulations; 25.2. national forest service issued deforestation for the refund calculation.
41. the responsible Ministry: Ministry of agriculture is 25.5. If construction is proposing joint stock company "Latvian State forests" or subordinated to the Ministry of agriculture; 41.2. The protection of the environment and regional development Ministry, if construction is a local agent or other person that are not mentioned in this rule 41.1. above. 42. the Ministry assessed the park or conformity of the kaiserwald conception of the Baltic Sea or the Gulf of Riga coastal shore dunes of discovery zone and the sense of purpose and legislation in accordance with the procedure laid down in the order of the Cabinet of Ministers submitted a draft on the park or the installation of the kaiserwald in the Baltic Sea or the Gulf of Riga coastal dunes in coastal zone.
V. procedure for granting and calculation of compensation for forestry actions in mežaparko 43. Local restrictions before making a decision on the establishment of the kaiserwald agreed with the land owner or legal possessor the mežaparks, which included the territory of compensation under this rule 44. 44. possible types of compensation: 44.1. annual fees (fees) for lost profits from forestry activities; 44.2. land rent; 44.3. the land seizures. 45. the annual payments on forestry operating limits calculated for each hectare of forest in mezaparks, in accordance with the laws of the land owner the right to compensation for forestry activities to especially protected natural aprobežojum areas and mikroliegumo. 46. Land disposal in accordance with the laws and regulations of the society needs the necessary disposal of immovable property. 47. The municipality of forest owners can agree on land lease or assignment management free of charge. 48. the refund shall be granted of a municipal budget funds intended for that purpose, if not included in the mezaparks specially protected natural area or mikroliegum, which the forestry activity limitations resulting from the scope of the regulatory laws and land owner has the right to compensation under the legislation on compensation for restrictions on economic activities in protected areas. Prime Minister v. dombrovsky, Minister for Agriculture of the rapidity of L.