Permits for certain selected activities under the Water Act

Where you can sort this out:

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department

Basic information:

A permit is required:

1. for planting trees or shrubs in floodplains to an extent that affects drainage conditions,
2. for the extraction of sand, gravel or silt – with the exception of silt for medicinal purposes – as well as pebbles, etc., from land on which a watercourse bed is situated,
3. for geological works involving intervention on land in floodplains and in water source protection zones,
4. the backfilling of disused watercourse branches, and the restoration of a watercourse to its original channel.

The procedure does not apply to:

Specified activities carried out by the watercourse administrator in connection with its management or by the owner of a waterworks in connection with the maintenance of a reservoir. Furthermore, it does not apply to certain activities carried out by a forest owner for the purpose of forest regeneration or in connection with activities prescribed by the Forestry Act.

Time limit for processing:

In straightforward cases, without delay; in other cases, within 60 days; and in particularly complex cases, within 90 days of the commencement of proceedings.

Who is entitled to submit an application, notification, etc.:

The landowner or any person who can demonstrate another right to the property in question.

Other parties to the proceedings:

• the local authority,
• the watercourse manager (if the proceedings concern a watercourse),
• the river basin authority (if the decision may affect water conditions in the river basin),
• and others.

Form – where to obtain it:

A hard copy of the application form can be obtained from the Department of the Environment and on the town’s website.

Download here: application

Legislation governing the procedure:

• Act No. 500/2004 Coll., the Administrative Procedure Code
• Act No. 254/2001 Coll., on Water
• Decree No. 183/2018 Coll., on the requirements for decisions and other measures of the water management authority and on documents to be submitted to the water management authority

Procedure under the Code of Administrative Procedure:

The permit is issued through administrative proceedings.

Requirements for the application:

in accordance with the Water Act:

Section 14a
(1) An application for a permit for certain activities under Section 14(1) shall, in addition to the general requirements under the Administrative Procedure Code
, contain: a) a basic description of the activity, its scope and purpose; and
b) details identifying the location where the activity is to take place.
(2) The application shall
include a) a document proving the applicant’s right to the immovable property to be affected by the authorised activity, unless the water authority can verify the existence of such a right in the land register,
b) documentation relating to the activity to be authorised, including a description of its anticipated effects on the surrounding area,
c) the opinion of the river basin authority, and
d) the statement of the relevant watercourse authority, where the watercourse is to be affected by the authorised activity.

Administrative (or other) fee:

Not specified.

Remedies:

The proper remedy is an appeal. The decision issued contains instructions on how to appeal, specifying the time limit within which an appeal may be lodged, the authority to which it should be addressed, and where the appeal may be lodged.