21 November 2025

Sanitary Protection Zones in Russia: Regulation and Legal Disputes

November 21, 2025

BRACE Law Firm ©

Significant changes in the regulatory framework for sanitary protection zones ("Sanitary Protection Zone", "SPZ", "Protection Zone", or "Zone") are expected in 2026:

First, starting January 1, 2026, the legal status of two key regulatory documents will change: sanitary rules and norms (SanPiN) will lose legal force, and the procedural rules for creating SPZs will no longer be subject to verification for compliance (meaning, essentially, they will lose their mandatory nature);
Second, the government expects to introduce a new draft law in 2026 regulating the regime and the procedure for establishing SPZs. Currently, this project is suspended for revision, and its exact adoption date remains unknown;
Third, on January 1, 2026, one stage of the so-called "Transition Period" will conclude. This period, which has been in effect since 2018, serves as a mechanism for the phased implementation of the SPZ formalization process.

This article provides a brief overview of sanitary protection zones, their legal regime, and the registration procedure. It also outlines current regulatory issues in the SPZ sphere arising under the influence of the Regulatory Guillotine. The article examines the new draft law on SPZs in comparison with existing rules and analyzes the reasons for the suspension of this document. Special attention is given to the specifics of formalizing sanitary protection zones under the conditions of the transition period.

The Concept of a Sanitary Protection Zone

A sanitary protection zone is a territory within which a special regime for the use of land and objects applies. The primary objective of this regime is to create favorable conditions for human life and health and to prevent the impact of harmful environmental factors.

The main functional tasks of an SPZ are:

To reduce the impact of chemical, biological, and physical pollution on the ambient air to the parameters established by hygienic standards;
To serve as a protective barrier that guarantees safety during the routine (i.e., normal) operation of a facility.

A sanitary protection zone must be distinguished from zones with special conditions for land use (the "ZSC"). While the law does not provide a single regulatory definition for ZSCs, Article 105 of the Land Code of the Russian Federation (the "Land Code") and Paragraph 4 of Article 1 of the Urban Planning Code of the Russian Federation (the "Urban Planning Code") list various types of ZSCs:

Security zones (for electric power and hydropower facilities, railways and highways, pipelines, thermal networks, communication lines and structures, military facilities, specially protected natural areas, and geodetic points);
Sanitary protection zones;
Security and buffer zones for cultural heritage sites;
Water protection zones;
Flooding and submergence zones;
Sanitary protection zones for sources of drinking and household water supply;
Security zones for protected facilities;
Airfield territories;
Other zones established in accordance with legislation.

All these zones share common characteristic features:

All ZSCs must have territorial boundaries;
The ZSC status imposes restrictions on the possibility and methods of using a land plot (e.g., a ban on the construction of certain objects or the performance of specific activities);
The assignment of ZSC status is determined by the specific nature of a particular object, building, structure, linear object, or the territory itself;
The function of ZSC regimes is to ensure the safety of either the object and territory itself or the citizens located within that territory;
Each ZSC type has its own legal regime and is regulated by a separate regulatory framework.

Thus, SPZs and ZSCs must be distinguished: ZSC is a broader concept, while an SPZ is a specific type of ZSC.

Sanitary protection zones are established for industrial, manufacturing, and transport facilities whose activities have an adverse impact on the environment and people:

For industrial facilities and production plants of hazard classes I–V;
For airports and airfields;
For highways, railway lines, subways, garages, and parking lots, as well as along aircraft takeoff and landing routes;
For main hydrocarbon pipelines and compressor units.

Regulatory Regulation of Sanitary Protection Zones: A Legal Intrigue

Currently, the sanitary protection zone regime is governed by the following primary regulatory acts:

Federal Law No. 52-FZ dated March 30, 1999, On the Sanitary and Epidemiological Wellbeing of the Population (the "Law No. 52-FZ");
Government Decree No. 222 dated March 3, 2018, On Approval of the Rules for Establishing Sanitary Protection Zones and the Use of Land Plots Located Within the Boundaries of Sanitary Protection Zones (the "Decree No. 222");
Decree of the Chief State Sanitary Doctor of the Russian Federation No. 74 dated September 25, 2007, On the Implementation of the New Edition of Sanitary and Epidemiological Rules and Norms SanPiN 2.2.1/2.1.1.1200-03 Sanitary Protection Zones and Sanitary Classification of Enterprises, Structures, and Other Facilities (the "SanPiN 2.2.1/2.1.1.1200-03"). This document has been in effect for a long time, but starting January 1, 2026, it loses force in accordance with Clause 5.3 of the Decree of the Chief State Sanitary Doctor of the Russian Federation No. 3 dated January 28, 2021, On Approval of Sanitary Rules and Norms SanPiN 2.1.3684-21 Sanitary and Epidemiological Requirements for the Maintenance of Territories of Urban and Rural Settlements, for Water Bodies, Drinking Water and Drinking Water Supply, Ambient Air, Soils, Residential Premises, Operation of Industrial and Public Premises, and the Organization and Implementation of Sanitary and Anti-Epidemic (Preventive) Measures;
Methodological Recommendations MR 2.1.1.0358-24. 2.1.1. Planning and Development of Populated Areas. Methodological Recommendations for the Preparation of a Sanitary Protection Zone Project. Methodological Recommendations, approved by the Chief State Sanitary Doctor of the Russian Federation on December 23, 2024 (the "MR 2.1.1.0358-24. 2.1.1").

The sanitary protection zone regime is closely linked to urban planning and land issues; therefore, regulatory provisions for SPZs are also present in the Land Code and the Urban Planning Code.

Decree No. 222 can be considered the key regulatory document, as it establishes the grounds and procedures for the creation, modification, and termination of SPZs. However, the legal status of this decree is ambiguous and raises many questions. On one hand, Decree No. 222 has not been canceled and remains officially in effect. On the other hand, legal reference systems already mark this document with a note stating that the assessment of compliance with its requirements and administrative liability for non-compliance are valid only until January 1, 2026. Thus, uncertainty surrounds the application of this decree after December 31, 2025.

This situation results from a global regulatory reform known as the "Regulatory Guillotine". The reform aims at a large-scale review of the regulatory framework and the repeal of documents that have lost relevance and negatively affect legal regulation. The Regulatory Guillotine mechanism was launched in 2020 by Federal Law No. 247-FZ dated July 31, 2020, On Mandatory Requirements in the Russian Federation. Regulatory acts containing mandatory requirements used in control and supervision inspections and enacted before January 1, 2020, were supposed to automatically cease operation after January 1, 2021 (the so-called "Cut-off Date"). After this date, these regulatory documents are no longer a basis for state control and supervision, and their violation does not constitute the objective side of an administrative offense.

However, reviewing and updating all regulatory acts by 2021 proved impossible, so the reform mechanism was suspended for certain documents. Government Decree No. 2467 dated December 31, 2020 (the "Decree No. 2467") established a list of acts for which the Regulatory Guillotine was temporarily delayed pending their review, update, or repeal. Clause 1044 of this decree lists Decree No. 222. Thus, the rules for establishing, changing, and terminating SPZs successfully escaped the guillotine in 2020 and continued to operate.

In 2025, the government issued Decree No. 845 dated June 6, 2025, which, starting January 1, 2026, removes Clause 1044 from the exempt list of documents approved by Decree No. 2467.

Consequently, from 2026, Decree No. 222 loses its mandatory character, and control and oversight bodies cannot demand its execution during inspections. However, the existence of sanitary protection zones themselves will not cease; developers and right holders will still be obliged to formalize their status. This raises the question: under what procedure will SPZs be established, modified, and terminated after January 1, 2026?

The intrigue is heightened by the fact that on July 9, 2025, the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (the "Rospotrebnadzor") developed and initiated a draft of a new government decree, On Approval of the Regulation on Sanitary Protection Zones and Repealing Decree of the Government of the Russian Federation No. 222 dated March 3, 2018 On Approval of the Rules for Establishing Sanitary Protection Zones and the Use of Land Plots Located Within the Boundaries of Sanitary Protection Zones (the "Draft Regulation on SPZs", "Regulation on SPZs", or "Draft"), identification number 02/07/07-25/00158162.[1]

The Draft introduces a new procedure for establishing, modifying, and terminating sanitary protection zones and formalizes the regime for using land plots within SPZ boundaries. Furthermore, the Draft includes a sanitary classification of industrial facilities and production plants that affects the size of the zone. This classification is preserved in the Draft in the same form as it currently exists in SanPiN 2.2.1/2.1.1.1200-03. Thus, the Draft consolidates provisions currently found in two separate regulatory acts: the procedure for establishing SPZ status from Decree No. 222 and the sanitary classification of facilities from SanPiN 2.2.1/2.1.1.1200-03. The proposed effective date for the Draft is January 1, 2026.

The structure of the Draft and its planned effective date seem logical, considering that from January 1, 2026, two fundamental documents regulating SPZs lose their legal status: Decree No. 222 ceases to be mandatory, and SanPiN 2.2.1/2.1.1.1200-03 expires.

In July 2025, the new Regulation on SPZs underwent public discussion. However, in September, the Draft was suspended at the regulatory impact assessment stage: the Ministry of Economic Development of the Russian Federation (the "Ministry of Economic Development") identified many issues in the text and issued a negative conclusion (the "Ministry of Economic Development Conclusion" or "Conclusion"). Specifically, the Conclusion states that the new Regulation on SPZs should take effect not on January 1, 2026, but on March 1 or September 1, 2026, and no earlier than 90 days after its official publication.

As of early November 2025, no further progress on this Draft has been observed. Therefore, it is likely that the new Regulation on SPZs will not take effect in January 2026. Meanwhile, Decree No. 222 falls under the Regulatory Guillotine on January 1, 2026, and SanPiN 2.2.1/2.1.1.1200-03 expires entirely. This raises the question: how will the process of creating sanitary protection zones be regulated from the beginning of 2026? On what basis will the sanitary classification of facilities be conducted and SPZ sizes established? After all, the necessity of establishing, modifying, or terminating a zone is not being abolished.

The Legal Regime of a Sanitary Protection Zone

A significant volume of litigation arises in connection with the erection of buildings or the performance of prohibited activities within the boundaries of a sanitary protection zone. If a land plot or object affects SPZ boundaries, it is necessary to comply with a special legal regime both for current activities and new construction (Clause 5 of Decree No. 222, Section V of SanPiN 2.2.1/2.1.1.1200-03).

Precise, definitive sizes for sanitary protection zones are currently not established in legislation. Only approximate sizes are fixed in SanPiN 2.2.1/2.1.1.1200-03 and preserved in the new Draft Regulation on SPZs:

1,000 meters for hazard class I facilities;
500 meters for hazard class II facilities;
300 meters for hazard class III facilities;
100 meters for hazard class IV facilities;
50 meters for hazard class V facilities.

The construction and placement of the following are prohibited within SPZ boundaries:

Residential houses;
Recreational zones (landscape-recreational zones, rest areas and resorts, sanatoriums, rest homes);
Gardening partnerships and cottage developments;
Collective or individual summer cottage and garden plots;
Open-type sports facilities;
Playgrounds and other facilities for children's institutions;
Educational facilities;
Medical facilities (including general-use medical, preventive, and health-improvement institutions).

Restrictions apply even in situations where a non-residential premises is converted into a residential one: if the SPZ regime does not permit residential development, the status of the premises cannot be changed, and the conversion will be denied. [2]

The following activities are prohibited within SPZ boundaries:

Production and storage of medicines;
Food industry production;
Wholesale warehouses for food raw materials and food products;
Waterworks complexes for the preparation and storage of drinking water;
Production, storage, and processing of agricultural products intended for food use.

These activities are prohibited provided that the facility for which the SPZ is established may negatively affect the quality of products, raw materials, or food.

As an exception, certain types of objects may be placed even within sanitary protection zones. For SPZs established for industrial and manufacturing facilities, the following may be located within their boundaries:

Non-residential premises for emergency response personnel;
Premises for rotational workers (for a stay of no more than two weeks);
Management and administrative buildings;
Design bureaus and research laboratories;
Polyclinics;
Indoor sports and health facilities;
Baths and laundries;
Trade and catering facilities;
Motels and hotels;
Garages;
Areas and structures for storing public and individual transport;
Fire stations;
Local and transit utilities;
Power lines and electrical substations;
Oil and gas pipelines;
Artesian wells for technical water supply, technical water preparation structures, sewage pumping stations, and recycled water supply structures;
Gas stations and vehicle service stations.

If an SPZ is established for food or pharmaceutical industry production and storage facilities, new facilities of a similar profile may be placed within its boundaries as an exception, provided they simultaneously meet several criteria:

The objects are new;
The objects have a specialized purpose;
All objects are of the same type.

Many legal disputes arise when an organization establishes a sanitary protection zone that encroaches upon the boundaries of neighboring plots. Adjacent land users find their activities restricted and attempt to challenge the protection zone in court. The outcome of such conflicts can favor either the plaintiff or the defendant, depending on various factors. Courts consider compliance with the SPZ establishment procedure, the actual types and directions of land use, and the content of land management and urban planning documents.

An example is a precedent from the West Siberian District. The owner of an auto repair enterprise decided to establish a sanitary protection zone for vehicle repair and maintenance activities. However, the boundaries of this zone overlapped with plots of a neighboring organization that had already planned residential construction on its territory. The developer sued to challenge the SPZ boundaries, and the claims were satisfied. The court recognized that the auto repair enterprise's activities did not have a negative impact on products, the environment, or human health. The established zone created unreasonable obstacles to the developer's economic activity in implementing a previously approved territory planning project for the construction of multi-apartment residential buildings and infrastructure. [3]

Another example is a case from the Far Eastern District: an enterprise established an SPZ for a waste neutralization and utilization facility. Adjacent landowners sued to challenge the zone, which restricted their right to commercial storage of food products. The plaintiffs owned various warehouses used for storing and transferring food raw materials and food products. Thus, the SPZ boundaries included warehouse facilities used for food-related purposes. The courts recognized the establishment of the SPZ as illegal, as it violated the rights and legitimate interests of other organizations in the sphere of entrepreneurial activity. [4]

In such disputes, courts examine not only land management and urban planning documents but also the actual use of the territory. For instance, in the West Siberian District, an organization attempted to challenge the protection zone of a concrete plant. The plaintiff believed that its land plot belonged to agricultural land, meaning the established zone deprived the plaintiff of the opportunity to use the territory for its intended purpose. However, the court found that the plot was intended not for storing or producing agricultural products (which would be subject to SPZ restrictions) but for placing a greenhouse and a utility building. Furthermore, the plaintiff actually used the territory for paintball. Thus, the established zone did not infringe upon the plaintiff's interests. [5]

If an object is erected within SPZ boundaries in violation of the protection regime, a court may issue a decision for the mandatory demolition of such an object to clear the land plot. [6]

Establishing, Changing, and Terminating a Sanitary Protection Zone: The Current Procedure

Currently, procedures related to the creation and termination of sanitary protection zones are regulated by Decree No. 222. Although the status of this document after January 1, 2026, is highly ambiguous, a full regulatory replacement is still lacking. Even if the new Draft Regulation on SPZs takes effect in 2026, it will likely happen later than January, given the Ministry of Economic Development's recommendations.

Therefore, let us first examine the procedure currently in effect and then compare it with the new Draft.

The establishment, modification, or termination of an SPZ is within the authority of Rospotrebnadzor. This body considers applications regarding the existence of sanitary protection zones and makes decisions on their future status.

Situations requiring an application to Rospotrebnadzor regarding SPZ status (Clauses 6, 7, 9, 10, 11 of Decree No. 222):

When construction or reconstruction of facility is planned – the developer must submit an application to establish or change the SPZ (this obligation applies from January 1, 2025). This must be done 30 days before applying for a construction permit;
When a facility is commissioned after construction or reconstruction – the right holder of the facility must, within one year of the commissioning date, conduct research and measurements of ambient air, as well as levels of physical and biological impact of the facility on the atmosphere beyond the facility's perimeter (the "Research" or "Measurements"). If the research results show a need to change the SPZ, the right holder must apply to Rospotrebnadzor;
If technical re-equipment, changes in production technology, changes in the permitted use or purpose occurs, or during the decommissioning or liquidation of a facility that is a source of environmental harm – the right holder must conduct research and measurements within one year. Based on these results, an application to establish, change, or terminate the SPZ is submitted to Rospotrebnadzor;
Upon the decommissioning or liquidation of a facility that was not a source of environmental harm, or upon changing its permitted use or purpose – the right holder must submit an application to terminate the SPZ to Rospotrebnadzor within one month;
Crucially: not only the right holder but also any interested party may apply to change or terminate an SPZ. This right arises when grounds for changing or terminating the zone exist, but the right holder does not take initiative. In this case, the interested party may independently conduct research and measurements and then submit the results to Rospotrebnadzor to change the SPZ status.

Applications with a document package can be sent to Rospotrebnadzor in paper form via mail or in electronic form online, in which case the documents must be signed with an enhanced qualified electronic signature.

Document package for establishing or changing an SPZ (Clause 14 of Decree No. 222):

Application;
Sanitary protection zone project;
Sanitary-epidemiological expert conclusion on the SPZ project.

Establishment or modification of an SPZ may be denied on the following grounds (Clause 27 of Decree No. 222):

Incomplete document package;
The sizes, boundaries, or justification of the SPZ in the project do not comply with sanitary-epidemiological legislation;
The restrictions or land use possibilities stated in the project do not correspond to regulatory restrictions and legislative requirements;
A negative expert conclusion on the SPZ project.

Document package for terminating an SPZ (Clause 15 of Decree No. 222):

Application;
Results of research and measurements;
Sanitary-epidemiological expert conclusion on the results of research and measurements.

Termination of an SPZ may be denied on the following grounds (Clause 28 of Decree No. 222):

Incomplete document package;
According to research and measurements, the chemical, physical, and biological impact beyond the facility's perimeter exceeds hygienic standards;
A negative expert conclusion on the results of research and measurements.

Actions of Rospotrebnadzor after receiving an application related to SPZ status:

Within 15 business days, it reviews the application and decides to establish, change, or terminate the SPZ, or issues a reasoned refusal;
If the SPZ is established for construction or reconstruction purposes – it sends a copy of the decision to the body that issues construction permits within two business days of the decision date;
Within five business days of the decision date, it sends a copy to Rosreestr to enter information about the SPZ into the Unified State Register of Real Estate (the "EGRN").

Clause 25 of Decree No. 222 states that sanitary protection zone status arises from the moment information about it is entered into the EGRN. After this, its protective legal regime begins: the construction of prohibited objects and activities that contradict the imposed restrictions are not allowed within the zone's boundaries. However, transition period rules must be considered, which provide an extension until January 1, 2026, for entering information into the EGRN for zones decided upon before January 1, 2026.

The New Draft Regulation on Sanitary Protection Zones

Decree No. 222 was issued in March 2018, and on August 4, 2018, Article 106 of the Land Code took effect. This norm introduced new rules requiring the Government of the Russian Federation to approve a special regulation for each type of ZSC, governing the procedure for its establishment, modification, and termination. The article contains requirements for the composition and content of these regulations. Since Decree No. 222 was developed before Article 106 of the Land Code took effect, it does not fully comply with the formal requirements, for example:

It lacks an exhaustive list of objects for which a zone is established, as well as criteria and types of such objects (currently, this list is in SanPiN 2.2.1/2.1.1.1200-03, which loses force from 2026);
There is no indication of possible timelines for establishing zones;
There is no information on the maximum sizes of SPZs or how these sizes are determined and established;
The decision to establish a zone must contain information related to the compensation of losses upon establishing or changing an SPZ. This includes information on the right holder or developer obliged to compensate for losses, as well as the timeframe for compensation. Clauses 18 and 19 of Decree No. 222 specify the information included in a Rospotrebnadzor decision, but information on losses is not included in the mandatory list.

Therefore, three circumstances prompted the development of the Draft Regulation on SPZs:

The change in the legal status of Decree No. 222 under the Regulatory Guillotine from January 1, 2026;
The repeal of SanPiN 2.2.1/2.1.1.1200-03 from January 1, 2026;
The non-compliance of Decree No. 222 with the formal requirements of Article 106 of the Land Code.

It should be noted that the content of the Draft largely duplicates Decree No. 222, particularly regarding approval procedures:

The legal regime of SPZs is preserved: restrictions on the construction of facilities and the use of plots remain unchanged;
The reasons and grounds for establishing, changing, or terminating an SPZ remain unchanged in the new Draft;
Rospotrebnadzor remains the body authorized to make decisions on establishing, changing, and terminating SPZs;
The procedure for establishing, changing, and terminating SPZs is preserved: the initiator submits an application and document package to Rospotrebnadzor, which reviews the application and issues a decision or a refusal;
Establishing or changing an SPZ still requires a project and an expert conclusion. Requirements for the project's composition also remain unchanged;
Terminating an SPZ still requires research and measurements, as well as an expert conclusion on the results;
Rospotrebnadzor's obligation to transfer SPZ information to the EGRN after making a decision is preserved;
The grounds for denying a decision to establish, change, or terminate an SPZ in the Draft are the same as in Decree No. 222.

The following innovations appeared in the Draft:

The possibility of submitting an application to Rospotrebnadzor via the Public Services portal;
A new rule: if construction or reconstruction did not require a permit, the SPZ must be established or changed within a period of no more than 12 months (Clause 9 of the Draft). The Ministry of Economic Development, in its Conclusion, noted that this rule contradicts another provision requiring the right holder to conduct research, measurements, and, if necessary, establish or change the SPZ within one year of the commissioning date of the constructed or reconstructed object (Clause 8 of the Draft). Currently, this rule with a similar timeframe is in Clause 7 of Decree No. 222. The contradiction lies in the fact that the same timeframe is allocated for establishing or changing the SPZ as for conducting research and measurements. Therefore, the Ministry of Economic Development recommends adjusting Clause 8 of the Draft to increase the timeframe (Clause 3 of the Conclusion);
The composition of documents required for an application regarding SPZ status has been expanded. When establishing or changing an SPZ, in addition to the package currently required by Decree No. 222, the applicant must attach information on the registration of an application for an expert conclusion on the project or on a previously issued conclusion (Subclause "v" of Clause 18 of the Draft). However, the Ministry of Economic Development stated in its Conclusion that this requirement is redundant (Clause 2.5 of the Conclusion);
Any application (for establishing or changing an SPZ) must be accompanied by a document confirming the right to file the application;
The procedure for determining SPZ sizes is formalized: they are established based on calculations according to methodological documents. It is established that the maximum SPZ sizes cannot exceed the approximate sizes provided in the sanitary classification of facilities (Clause 21 of the Draft). This is an attempt to satisfy the requirements of Article 106 of the Land Code that the ZSC regulation must contain information on the zone's maximum sizes. Meanwhile, the approximate zone sizes themselves are preserved in the Draft in exact accordance with the current classification under SanPiN 2.2.1/2.1.1.1200-03. Criteria for facilities that do not require a health risk assessment for the population have also been established (Clause 23 of the Draft). The Ministry of Economic Development criticized these innovations. The issue is that currently, neither mandatory requirements for approximate SPZ sizes nor the classification of facilities by hazard classes are established by federal legislation. Approximate zone sizes are specified in SanPiN 2.2.1/2.1.1.1200-03, which is not a federal law or a government decree. Furthermore, the sanitary classification of facilities attached to the Draft can only be applied if no health risk assessment is required for the facility (Clause 23 of the Draft, Clause 2.2 of the Conclusion). Regarding risk assessments, they must be established by sanitary rules, while the Regulation on SPZs does not fall into this category of regulatory documents, as it is a government decree. Therefore, the Ministry of Economic Development recommended removing Clauses 21 and 23 from the Draft;
The timeframe for Rospotrebnadzor's review of an application to establish, change, or terminate an SPZ is reduced from 15 to 13 business days (Clause 24 of the Draft);
The content of the Rospotrebnadzor decision is supplemented with information on persons obliged to compensate for losses related to SPZ status and the timeframe for this obligation (Subclauses "g" and "d" of Clause 26 of the Draft). This information is not provided for in the current Decree No. 222, but it is required under Article 106 of the Land Code;
A mechanism for establishing identification signs is introduced. The right holder can use these signs to mark SPZ boundaries on the land plot. The sign must be at least 20x30 cm and include the object's name, the zone's size in a specific direction, and the details of the Rospotrebnadzor decision establishing the zone (Clauses 40, 41, 42 of the Draft);
It is established that a sanitary protection zone is created indefinitely (Clause 43 of the Draft).

The Sanitary Protection Zone Project

The project is the most critical document for the existence of a sanitary protection zone, as it is through this document that a territory is granted special protected status or that status is modified. The primary task of developing such a project is to justify the zone's sizes and boundaries (or to justify the absence of a need to establish one), and to record restrictions on the use of the territory to which this zone applies (Clause 2.4 of MR 2.1.1.0358-24. 2.1.1).

The following information must be included in an SPZ project (Clause 16 of Decree No. 222):

Sanitary protection zone sizes;
Sanitary protection zone boundaries (administrative-territorial names, graphical description of the location, list of characteristic points in the coordinate system);
Justification for SPZ sizes and boundaries ensuring the sanitary-epidemiological safety of the population, including calculations of the dispersion of harmful substance emissions with a health risk assessment;
List of restrictions on the use of land plots within SPZ boundaries;
Justification for the possibility of using land plots in exceptional cases provided for by law.

SPZ sizes according to the project must be calculated so that the following indicators are not exceeded at the zone boundary (Clause 2.5 of MR 2.1.1.0358-24. 2.1.1.):

Maximum permissible concentrations and safe impact levels of pollutants in the air;
Maximum permissible level of biological impact on the atmosphere;
Maximum permissible level of physical impact on the atmosphere;
Permissible risk limits for public health.

Project development consists of several stages (Clause 2.9 of MR 2.1.1.0358-24. 2.1.1.):

Gathering initial data;
Determining the facility's hazard class, based on which approximate SPZ sizes are calculated;
Assessing the urban planning situation, i.e., analyzing the territory and objects within it for compliance with the regime to be established for the SPZ;
Performing calculations for the dispersion of pollutant emissions into the air and physical impact on the atmosphere to assess their influence on the environment and human health, and determining SPZ sizes and boundaries. These parameters are determined based on calculations of harmful emissions and are key indicators for the sanitary protection zone. Information on SPZ sizes and boundaries must include names of administrative-territorial units, a graphical description of the zone's boundaries, and a specification of characteristic points in the coordinate system—this information is necessary for entry into the EGRN;
Developing a program for research and measurements of ambient air, as well as levels of physical and biological impact on the atmosphere (the "Monitoring Program");
Establishing the regime for the sanitary protection zone, i.e., fixing the restrictions and special conditions that must be observed when using the land plot where the SPZ is located;
Developing measures to protect the population;
Compiling the document package and information that will constitute the SPZ project.

Specifics of Sanitary Protection Zone Status in the Transition Period

In addition to regulatory difficulties, the situation with sanitary protection zones is further complicated by the fact that 2026 marks the conclusion of a key stage of the so-called "Transition Period", introduced by Federal Law No. 342-FZ dated August 3, 2018, On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation (the "Article 26"). This provision applies to all ZSCs, including SPZs. The transition period is a mechanism that legalizes protection zones established earlier and provides an extension for the formalization of new SPZs. Article 26 aims to achieve a balance in situations where new provisions have not yet been developed, but the need for a special sanitary zone protection regime already exists.

The specifics of the transition period include:

First, the status of zones established before 2026 is legalized.

If a decision of Rospotrebnadzor or a court to establish a zone was issued before January 1, 2026, such a zone is considered legitimate and retains its legal regime, even if it is absent from the EGRN (Clause 8 of Article 26). However, this benefit is valid only until January 1, 2028; after this date, SPZ status arises only if entered into the EGRN. It is important to consider:

For a zone to be considered legitimate without being entered into the EGRN, its boundaries must be approved in textual or graphical form (Clause 9 of Article 26). This aligns with Decree No. 222, as a decision is only issued in the presence of an SPZ project, which necessarily contains a boundary description;
Information about such a zone must be entered into the EGRN no later than January 1, 2028. This must be done by the right holder or, in their absence, by Rospotrebnadzor (Clause 12 of Article 26);
A zone established before January 1, 2026, will remain legitimate even if a new regulatory document outlining a new SPZ establishment procedure is subsequently issued (Clause 10 of Article 26). This means Rospotrebnadzor decisions made before January 1, 2026, will not lose force after the adoption of the new Regulation on SPZs.

If the new Regulation on SPZs establishes maximum zone sizes, right holders must bring SPZ boundaries into compliance with the new requirements by July 1, 2027 (Clause 11 of Article 26). However, as explained by the Ministry of Economic Development in its Conclusion, the Regulation cannot govern the maximum sizes of sanitary protection zones; thus, this rule is not currently applicable to SPZs.

Second, new zones must be established and entered into the EGRN before 2028 following these rules:

If an SPZ was already established before January 1, 2026, information about it must be entered into the EGRN by January 1, 2028;
If no zone was established before January 1, 2026, its boundaries were not determined, and no Rospotrebnadzor decision was made, such a zone must be established no later than January 1, 2028 (Clauses 14 and 17 of Article 26).

Third, special rules have been introduced for approximate and calculated (preliminary) sanitary protection zones.

This concerns zones whose sizes were determined normatively using the SanPiN 2.2.1/2.1.1.1200-03 methodology based on the degree of hazard and without developing a project (Clause 13 of Article 26):

From January 1, 2026, approximate or calculated (preliminary) SPZs lose their status, and their legal regime ceases to operate;
Right holders of facilities for which such zones were established were required to submit an application to establish or terminate the SPZ by October 1, 2024;
If an object belonging to another person is located within an approximate or calculated (preliminary) SPZ, the owner of that object or a government authority may initiate the termination of that zone;
Until an approximate or calculated (preliminary) SPZ is legalized, compensation for losses related to its status is impossible.

Fourth, benefits are provided to developers:

Until January 1, 2025, a developer could choose not to submit an SPZ application to Rospotrebnadzor before receiving a construction or reconstruction permit (Clause 16.1 of Article 26);
Zones established by Rospotrebnadzor for the construction or reconstruction of an object did not have to be entered into the EGRN.

Final Conclusions and Insights

As demonstrated, 2026 could be a turning point for sanitary protection zones.

First, serious changes are expected in regulatory oversight. Decree No. 222 falls under the Regulatory Guillotine on January 1, 2026; its norms will no longer be the subject of control and oversight inspections, and liability for non-compliance is excluded. Meanwhile, the new Draft Regulation on SPZs has not yet been adopted and is under revision. Even if the Draft's edition is agreed upon and approved soon, it will likely not take effect until March 2026 at the earliest. Therefore, until a new regulatory act is adopted, the procedure under Decree No. 222 applies to the establishment, modification, and termination of SPZs (unless another procedure is introduced by special instructions).

Starting January 1, 2026, SanPiN 2.2.1/2.1.1.1200-03, which contained the sanitary classification of facilities and approximate SPZ sizes, expires. It is not yet entirely clear how these matters will be regulated in 2026. The new Draft Regulation on SPZs includes the classification and approximate zone sizes, so much depends on when this document takes effect. Additional clarifications from authorized bodies may be issued on this matter.

Second, on January 1, 2026, the moratorium stage for formalizing sanitary protection zones concludes. The period of automatic legalization for protection zones ends on December 31, 2025. Starting in January 2026, SPZs must be established strictly according to the rules, complying with all procedures: project development, obtaining an expert conclusion on the project, receiving a Rospotrebnadzor decision, and entry into the EGRN.

By January 1, 2028, all stages of SPZ legalization must be completed: new zones must be formed and established, and zones created before 2026 must be entered into the EGRN.

Given the above, all interested parties are recommended to regularly monitor legislation regarding sanitary protection zones for changes or clarifications. Organizations using facilities that adversely impact the environment should promptly develop a project and initiate the establishment (or modification) of a sanitary protection zone. If such a zone has already been developed or established, information regarding it must be entered into the EGRN.

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References

[1] See: https://regulation.gov.ru/projects/158162.

[2] Ruling of the Supreme Court of the Russian Federation No. 307-ES21-29097 dated February 21, 2022, in case No. A05-105/2021.

[3] Ruling of the Supreme Court of the Russian Federation No. 304-ES22-14726 dated August 25, 2022, in case No. A75-9222/2020.

[4] Ruling of the Supreme Court of the Russian Federation No. 303-ES25-5600 dated July 8, 2025, in case No. A51-18248/2023.

[5] Decree of the Arbitration Court of the West Siberian District No. F04-926/2020 dated May 18, 2020, in case No. A46-8458/2019.

[6] Decree of the Arbitration Court of the Povolzhsky District No. F06-3501/2023 dated July 6, 2023, in case No. A06-6829/2021.