Nataliia Kharytonova, Head of Department; e-mail: firstname.lastname@example.org, ORCID: 0000-0001-5732-3407;
Olha Mykolaienko, Head of Division; e-mail: email@example.com, ORCID: 0000-0001-9732-1684;
Tetyana Lozova, Young Researcher; e-mail: Tatiana.firstname.lastname@example.org, ORCID: 0000-0002-6615-5932
(Ecology and Subgrade Department SE «M.P. Shulgin State Road Research Institute»)
ANALYSIS OF REGULATIONS REGARDING THE SETTLEMENT OF ISSUES ON THE REMOVAL AND RECOVERY OF PLANTATIONS IN THE RIGHT-OF-WAY OF PUBLIC ROADS
Abstract. Greening of roads contributes to the protection of roads and their elements from influence of adverse weather and climatic factors; it includes the measures for improvement and landscaping of roads, ensures the protection of roadside areas from transport pollution, provides visual orientation of drivers. The solution of these issues will ensure creation and maintenance of safe and comfortable conditions for travelers.
Green plantings in the right-of-way road area include woody, bushy, flower and grass vegetation of natural and artificial origin.
For proper operation of public roads and satisfaction of other needs of the industry, there may be the need in removing the greenery.
The reason for the removal of greenery in the right-of-way road area may be due to the following factors: construction of the architectural object, widening of the motor road, repair works in the security zone of overhead power lines, water supply, drainage, heating, telecommunications facilities, cutting of hazardous, dry and fautal trees, as well as self-grown and brushwood trees with a root neck diameter not exceeding 5 cm, elimination of the consequences of natural disasters and emergencies.
The removal of plantations in the right-of-way area is executed in order to ensure traffic safety conditions and to improve the quality of plantations composition and their protective properties. Nowadays, in Ukraine there is no clear procedure for issuing permits for removing of such plantations. In order to resolve this issue, there is a need in determining the list of regulations in the area of forest resources of Ukraine and, if needed, the list of regulatory acts that have to be improved; to prepare a draft of the regulatory legal act that would establish the procedure of plantations cutting, the methodology of their condition determination, recovery costs determination, the features of cutting.
Keywords: plantations, cutting, right-of-way, woodcutting permit, order.
1. І. V., Tkachenko, K. V., Serdyuk, S. V., Nesterenko and Poltavskyi. (2014). Analysis of green planting along the roads and streets. Collection of scientific papers (industrial machinery, construction), 1, 40, Poltava NTU, Ukraine.
2. IAS Consultant. (2019). Technical rules for repair and maintenance of public roads. Retrieved from http://consultant.parus.ua/?doc=05JV5E2080
3. Verkhovna Rada of Ukraine. (1994). Forestry Codex of Ukraine dated 21.01.1994 № 3852-XII. Bulletin of the Verkhovna Rada of Ukraine, 17. Retrieved from https://zakon.rada.gov.ua/laws/show/3852-12. DOI: https://doi.org/10.32886/instzak.2019.02
4. Cabinet of Ministers of Ukraine. (2006). The way of trees, shrubs and flowerbeds removing in the settlements approved by the Resolution of Cabinet of Ministers of Ukraine dated August 1, No. 1045. Retrieved from https://zakon.rada.gov.ua/laws/show/1045-2006-%D0%BF
5. Cabinet of Ministers of Ukraine. (2007). Rules of improving of forest qualitative composition approved by the Resolution of Cabinet of Ministers of Ukraine dated May 12, 2007 No.724. Retrieved from https://zakon.rada.gov.ua/laws/show/724-2007-%D0%BF
6. Ministry of Environmental Protection of Ukraine. (2007). Order of issues of special permits on forest resources use approved by the Resolution of Cabinet of Ministers of Ukraine dated May 23, 2007 No. 761. Retrieved from https://zakon.rada.gov.ua/laws/show/z0025-93
7. Verkhovna Rada of Ukraine. (2005). Law of Ukraine “On permit system in the area of economic activity”. Retrieved from https://zakon.rada.gov.ua/laws/show/2806-15
8. Cabinet of Ministers of Ukraine. (2012). Resolution of Cabinet of Ministers of Ukraine dated April 11, 2012 No. 349 “On amendments to the Procedure of trees, shrubs, lawns and flowerbeds removing in the settlements”. Retrieved from https://zakon.rada.gov.ua/laws/show/349-2012-%D0%BF