Introduction to the issue (what they are, where to find them, etc.)
A protection zone is a zone that defines an area (protected area) in which certain activities are prohibited or restricted in order to protect the public interest.
- A defined area surrounding a protected property, tree, natural formation or territory. Depending on the nature of protection, some activities are prohibited in the protection zone (construction, mining, fertilisation, etc.) or even ordered (mowing the grass by hand, removing advanced growth, etc.).
- A stretch of territory at a specified width from the outer edge of the utility network; serves to ensure that the operation of technical equipment or line construction is not endangered. The scope of the protection zone is promulgated and determined by law for most facilities and line constructions (Energy Act, Electronic Communications Act, Public Water Supply and Sewerage Act, Road Traffic Act, Railways Act, Forestry Act, Water Act and other acts). If the protection zone is not stipulated by law, it can be determined by the Building Authority by issuing a Decision on Zoning of a Protected Area.
To this I can only add that the protection zones are defined either by law or by a Decision on Zoning of a Protected Area (for example in the case of overhead electronic communications lines) issued by the relevant Building Authority.
More detail on electronic communications protection zones.
A protection zone of a communication line according to Act 127/2005 Coll., as amended:Section 102 – A Protection Zone of a Communication Line
- A protection zone of an underground communication line is created on the day the decision on the location of the building takes legal effect, or by the legal effects of the territorial consent to the location of the structure. If none of the above permits is required under the Building Act, then on the day the electronic communications network or device is put into use.
- The protection zone of the underground communication line is 1.0 m on the sides of the outer line. I would like to add that an amendment to the act has been approved, and this amendment changes the width of the protection zone of the underground communication line to 0.5 m on the sides of the outer line. The expected effect of the change is from 01/01/2021.
- In the protection zone of the ground communication line, It is prohibited
- to carry out earthworks or landscaping without the consent of its owner or the decision of the Building Authority,
- to erect buildings or place structures or other similar facilities without the consent of its owner or the decision of the Building Authority,
- to plant permanent crops without the consent of its owner.
- Activities in the protection zone of an underground communication line which would prevent or significantly impede access to this line or which could endanger the safety and reliability of its operation may be carried out only with the prior consent of the line owner.
- The protection zone of the overhead communication line is established on the day the decision on the protection zone issued in accordance with the Building Act takes legal effect. The parameters of this protection zone, the scope of restrictions and the conditions of protection shall be determined by the relevant Building Authority in the said decision based on the proposal of the owner of this line. At the same time, the rights of property owners located in the protection zone of the overhead communication line must be respected. In the protection zone proceedings, the administrative authority concerned is the Czech Telecommunication Office.
In conclusion, I state that in the issue of protection zones, the Building Act and its implementing regulations can be considered as underlying legal regulations. A decision on a protection zone is not issued if the conditions of protection are stipulated by a special legal regulation or on its basis (for example, Act No. 458/2000 Coll. (the Energy Act); No. 127/2005 Coll., (the Electronic Communications Act); No. 266/1994 Coll. (the Railways Act); No. 13/1997 Coll. (the Road Traffic Act) and many others).
Prague, 11/10/2020 Prepared by: Ing. Jiří Kliner, authorised engineer of the Czech Chamber of Authorised Construction Engineers and Technicians No. 0002919