Working project for the removal of fertile soil layer in Ukraine. Procedure 2024

Prior to the commencement of soil removal works, it is mandatory to develop a working land management project for the removal and transfer of the fertile soil layer of the land plot.

Such a project, by its very nature, is a key component of environmental protection measures aimed at protecting soil fertility and its efficient use.

We remind you that previously, prior to performing soil removal works, it was necessary to obtain a permit for the removal of fertile soil. Now, this permit is no longer issued, but the need to develop a working project for the removal of the fertile soil layer remains.

The state also maintains control over compliance with the procedure for performing work with soil cover.

Soil fertility protection is a logical extension of the state's policy in land relations. The Constitution of Ukraine clearly states that the main wealth of our country is land, which is subject to special protection.

Given the special attitude of our state to land relations, as well as the value of agricultural land as such, the removal and transfer of fertile soil cover of a land plot is allowed only if a working draft is available.

Most often, a working project for soil removal is required in connection with construction, mining, geological exploration and certain other activities.

Article 168 of the Land Code of Ukraine and Articles 48 and 52 of the Law of Ukraine "On Land Protection" stipulate that if an activity leads to soil disturbance on the surface of a land plot, the land owner or land user must remove, store, and store the surface soil layer and apply it to the area from which it was removed (reclamation) or to another land plot to increase its productivity.

Implementation of such measures is possible subject to the development of an appropriate working land management project.

Removal and transfer of soil cover by the owner or land user without a working draft, as well as violation of the procedure for removal, use and preservation of fertile soil, regardless of the amount of damage caused to the land plot, entails appropriate legal liability (including administrative, civil and criminal liability).

At the same time, a more significant circumstance that provides a certain motivation for the development of a working draft is the violator's obligation to compensate for the material damage caused to the land plot in full.

Payment for the damage caused in each individual case is controlled by the prosecutor's office.

A working draft of land management is developed on the basis of a decision of the land plot owner or a decision of the relevant executive authority or local self-government body, if the land plot is owned by the state or local community.

The developed working draft of land management is not subject to approval and is approved by the customer.

Before starting work on the development of a working draft of land management, it is necessary to conduct soil surveys of the land plot, which include:

• field visit, soil sampling;
• Conducting soil and agrochemical surveys, laboratory work;
• preparation of a soil plan, analysis of complex soil samples;
• preparation of an agrochemical passport for the land plot;
• preparation of planning and cartographic materials, etc.

Based on the results of soil surveys, technical documentation is prepared for a qualitative assessment of the soil cover of the land plot, which is used to determine the design solutions for the working land management project.

In accordance with the "Rules for the development of working land management projects" approved by the Resolution of the Cabinet of Ministers of Ukraine No. 86 dated 02.02.2022, an exception to the need to develop a working land management project is when the fertile layer is removed from the site:

• for personal farming;
• for gardening;
• for the construction and maintenance of a residential building, outbuildings and structures (personal plot);
• for individual summer cottage construction;
• for the construction of individual garages.

In the above cases, there is no need to develop a working land management project, provided that the fertile soil layer does not leave the boundaries of the land plot from which it is removed.

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See also: division (merging) of a landplot, assigning a cadastral number in Ukraine, normative monetary valuation of a land plot