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Requirements for managing land improvement

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Requirements for managing land improvement - content
Issuer:Minister of Rural Affairs
Type:regulation
In force from:01.01.2019
In force until:02.07.2020
Translation published:05.04.2019

Requirements for managing land improvement

Passed 19.12.2018 No. 75

This regulation is established pursuant to subsection 44(5) of the Land Improvement Act.

Chapter 1 General provisions 

§ 1.  Scope of application of this regulation

  This Regulation establishes the maintenance and renewal requirements for land improvement systems and their territory, as well as for performing soil improvement and agricultural engineering works (hereinafter together referred to as management work), to insure the proper functioning of the land improvement system as well as preserve and increase the cultivation value of agricultural or forestry land.

§ 2.  Maintenance of land improvement systems

 (1) Maintenance of land improvement systems includes:
 1) mowing herbaceous forage;
 2) logging woody flora;
 3) removing obstructions of flow;
 4) removing sediment from artificial recipients whose catchment area is up to ten square kilometres and the average sediment capacity is up to 0.5 cubic metres per metre;
 5) removing sediment from artificial recipients whose catchment area is over ten square kilometres and the average sediment layer is up to 0.3 metres;
 6) maintaining the drainage system;
 7) maintaining the culvert;
 8) maintaining the polder building, environmental protection facilities, roads servicing the land improvement system (hereinafter road) on its territory, and other facilities of the land improvement system.

 (2) Herbaceous forage includes all grass and woody plants with an un-thickened stem whose diameter is under two centimetres, measured from 1.3 metres above ground.

 (3) Woody flora includes all woody plants whose diameter is at least two centimetres, measured from 1.3 metres above ground.

§ 3.  Renewal of land improvement systems

  Renewal of land improvement systems includes:
 1) removing sediment from artificial recipients whose catchment area is up to ten square kilometres and the average sediment capacity is 0.5–1.2 cubic metres per metre;
 2) removing sediment from artificial recipients whose catchment area is over ten square kilometres and the average sediment layer is 0.3–0.6 metres;
 3) replacing or improving drainage systems, culverts, roads, environmental protection facilities, or other facilities of the land improvement system without significantly altering the general parameters of the land improvement system.

§ 4.  General requirements for managing land improvement systems

 (1) The purpose of the management work of land improvement systems is to ensure an adequate water level for the proper functioning of the land improvement system.

 (2) Management work is performed in accordance with the good practice of land improvement.

 (3) Management work is performed in the time and manner that allows to spare aquatic biota and living environments to the highest possible extent.

 (4) Sediment that is removed from the facilities of land improvement systems is moved to agricultural land in a layer of up to 10 centimetres.

 (5) Sediment that is removed from artificial recipients or drainage ditches on forest land or other land is arranged in a way that does not obstruct the purposeful use of the land.

Chapter 2 Requirements for the maintenance work of land improvement systems 

Division 1 Maintenance of artificial recipients and drainage ditches 

§ 5.  Requirements for mowing herbaceous forage at artificial recipients and drainage ditches

 (1) Herbaceous forage is mowed at the slopes and banks of artificial recipients or drainage ditches when they begin to obstruct the proper functioning of the land improvement system and cause the flowing water levels to rise in the artificial recipient or the drainage ditch.

 (2) Mowed herbaceous forage cannot get into the flowing water of artificial recipients or drainage ditches.

§ 6.  Requirements for logging woody flora from artificial recipients or drainage ditches

 (1) Woody flora is logged from the bottom, slopes, and preferably one bank of artificial recipients or drainage ditches when they begin to obstruct the proper functioning of the land improvement system or other management work. Woody flora is logged from the bank of artificial recipients or drainage ditches for the purpose of other management work in the extent that allows the management equipment to properly function and, if necessary, scatter a sediment mound.

 (2) Willows are logged from the bottom, slopes, and banks of water conduits that hold drainage confluences (hereinafter confluence).

 (3) Woody flora is logged from the slopes and banks of artificial recipients on both sides of the drainage confluence to the extent of at least five metres.

 (4) Stumps are left at a height that is technically feasible, but not over 20 centimetres.

 (5) Logging waste is burned, crushed, or arranged far enough away from the edge of artificial recipients or drainage ditches so it would not be cast back into the artificial recipient or the drainage ditch. Logging waste can be burned on peat only if the peat is frozen or saturated with water.

§ 7.  Requirements for removing obstructions of flow from the streambed of artificial recipients or drainage ditches

 (1) Obstructions of flow are removed from the streambed of artificial recipients or drainage ditches when they start to interfere with the proper functioning of the land improvement system.

 (2) Woody flora, waste, and other obstructions of flow that have fallen into the streambed of artificial recipients or drainage ditches are arranged on the banks of the streambed of the artificial recipient or the drainage ditch in a manner that does not interfere with the purposeful use of the land.

 (3) Waste as referred to in the Waste Act is disposed of pursuant to the procedure provided by the law.

§ 8.  Requirements for removing sediment from artificial recipients or drainage ditches

 (1) Sediment is removed when it begins to obstruct the proper functioning of the land improvement system, preferably from one bank and at a low-water period.

 (2) Before removing sediment, necessary measures must be applied to stop it from being carried downstream.

 (3) Removed sediment is arranged at the banks of artificial recipients or drainage ditches as a sediment mound in a manner that excludes the possibility of the sediment being cast back to the artificial recipient or the drainage ditch.

 (4) For the purpose of diverting surface water away from behind sediment mounds, water furrows may be established on the banks of artificial recipients or drainage ditches while performing maintenance works.

§ 9.  Requirements for arranging woody flora waste that was removed while eliminating a beaver dam

  The waste of woody flora that was removed while eliminating a beaver dam is arranged to the territory in a manner that does not obstruct the purposeful use of the land.

Division 2 Maintenance of drainage systems 

§ 10.  Requirements for maintaining confluences

 (1) The purpose of confluences is to ensure that water flows freely from the drainage.

 (2) Sediment is removed from the confluence and the gutter in front of the confluence pipe.

 (3) Before cleaning the sediment from the confluence, sediment must be removed from the artificial recipient or drainage ditch pursuant to the requirements of section 8 if it has begun to interfere with the proper functioning of the confluence.

 (4) Woody flora is logged at the slopes and banks of artificial recipients or drainage ditches from both sides of the confluence along the water conduit to the extent of five meters.

 (5) Woody flora is logged from the protection zone of an artificial collector recipient from both sides of the confluence along the water conduit to the extent of ten metres.

 (6) If the confluence pipe has shifted, it must be correctly re-positioned.

 (7) The gutter in front of the confluence pipe is fixed and its securements restored in case they were damaged.

§ 11.  Requirements for maintaining drainage wells

 (1) Drainage wells must be maintained in a state that ensures their proper functioning. The drainage well must be covered and cannot be surrounded by woody flora.

 (2) Land drains are cleaned of sediment when there is less than 20 centimetres of room between the bottom of the outlet pipe and the sediment surface.

 (3) Sediment removed from the land drain cannot be arranged closer than two metres from the well.

 (4) The joints of the inlet and outlet pipes of drainage wells must be sealed upon leakage.

Division 3 Maintenance of culverts 

§ 12.  Requirements for maintaining culverts

 (1) Culverts are cleaned of sediment when the sediment begins to interfere with the proper functioning of land improvement systems.

 (2) Before cleaning the culvert, the sediment must be removed from artificial recipients or drainage ditches pursuant to the requirements fixed in section 8 if it has begun to interfere with the proper functioning of the culvert.

 (3) During culvert maintenance and upon necessity, its end part is arranged by opening and isolating the malfunctioning joint and restoring the securement of its inflow and outflow to the extent fixed in the building design documentation of the land improvement system.

Division 4 Maintenance of polder buildings 

§ 13.  Requirements for maintaining polder buildings

 (1) No wooden flora, including short-rotation coppice, can grow or be planted on the territory of the polder drainage system.

 (2) Herbaceous forage and wooden flora is removed from the edge and slope of polder dykes if they have begun to interfere with the proper functioning of the land improvement system.

 (3) During polder dyke maintenance, damage must be eliminated in a manner that does not harm the securements of a slope or edge of the polder dyke.

 (4) Water collection pools are cleaned of sediment if the adjustable capacity of the pool has been decreased by over 20 per cent of its initial adjustable capacity.

 (5) Maintenance of water collection pools of polders must comply with the requirements fixed in sections 5–8.

 (6) The equipment and buildings of pumping stations must function and be maintained pursuant to the maintenance instructions.

 (7) The inflow grid and outflow channel of pumping stations must be cleaned of waste and sediments during its operation.

Division 5 Road maintenance 

§ 14.  General requirements

 (1) Roads must be maintained on a regular basis to ensure their safe and purposeful use.

 (2) During paving maintenance, mounds that obstruct the drainage of surface water are removed from the verge of the road.

 (3) During road maintenance, all rails, concavities, holes, and other irregularities must be removed. Upon necessity, road is restored with gravel or other suitable materials in the amount of up to 25 tonnes per kilometre.

 (4) All flora that restricts visibility and safe trafficking is removed from the verge and ditch of the road.

 (5) The sides and slopes of roads where the flora is at least 0.5 metres high must be mowed once a year to the extent of at least 1.5 metres from the edge of the road. Hay can be up to 20 centimetres in height from the surface of the side and slope of the road.

 (6) All erosion, water, and other damage on the slope of the road is fixed with material equivalent to that of the slope.

§ 15.  Requirements for maintaining roadside ditches and road area facilities

 (1) Roadside ditches are maintained pursuant to the requirements fixed in sections 5–9.

 (2) During roadside ditch maintenance, no woody flora can be left to grow on artificial recipients, to the bottom of drainage ditches, or the slope or bank on the side of the road.

 (3) Confluences and drainage ditches on road areas are maintained pursuant to the requirements fixed in sections 10–11.

Division 6 Maintaining environmental protection facilities and other land improvement facilities of land improvement systems 

§ 16.  Requirements for maintaining environmental protection facilities of land improvement systems

 (1) Formative cutting is carried out if woody flora at an extension of a water protection zone has grown with a canopy density of at least 80 per cent. If a drainage collector is running through the extension of a water protection zone, woody flora is logged from both sides of the collector to the extent of five metres.

 (2) A mound of a streambed is restored at an extension of a water protection zone if the height of its crest from the bottom of the streambed is less than ten centimetres.

 (3) A filter bed is cleaned of plant mould if it interferes with the functioning of the filter bed.

 (4) Sediment is removed from a perpendicular sedimentary pool if its water flow is not evenly distributed or if two thirds of the sedimentary pool is full of sediment. Sediment is removed from a sedimentary segment pool if the sedimentary pool is not functioning properly.

 (5) Sediment is removed from the oxbow lakes of artificial recipients in the extent that:
 1) ensures a water exchange in the oxbow lake for when water levels of the artificial recipient are at a yearly average;
 2) ensures that fish can move from the oxbow lake to the artificial recipient and back when the water levels of the artificial recipient are minimal.

 (6) Sediment is removed from a reusable pond used for fire protection and drained water if the water capacity of the pond pursuant to its building design documentation has decreased by over 25 per cent. Trash, waste, and woody flora are removed from the slope, banks, and facilities of the pond in the extent that ensures the proper functioning of the pond.

§ 17.  Requirements for maintaining other facilities of land improvement systems

  The maintenance of other drainage or irrigation facilities or facilities for the two-way regulation of water regime, such as culverts and excavation regulators, but also overflow, must comply with the requirements fixed in sections 11 and 12.

Division 7 Maintenance of the territory of a drainage system 

§ 18.  Requirements for maintaining the territory of a drainage system

  No wood flora, including short-rotation coppice, can grow or be planted on the territory of a drainage system.

Chapter 3 Requirements for performing renewal works on land improvement systems 

Division 1 General provisions 

§ 19.  General requirements

 (1) Land improvement systems or parts thereof are renewed when they have become obsolete or decayed and are failing to function properly.

 (2) Parts of land improvement systems are restored during renewal works pursuant to an building design documentation or a corresponding draft from the collection ‘Standard Drawings for Land Improvement Facilities’ (hereinafter collection) and, in the case of a jointly used recipient maintained by the state, pursuant to the requirements of a renewal project for the jointly used recipient.

Division 2 Renewal of artificial recipients and drainage ditches 

§ 20.  Requirements for renewing the depth and width of streambeds of artificial recipients or drainage ditches

 (1) For the purpose of ensuring the depth and design-based width of the streambeds of artificial recipients or drainage ditches, sediment is removed from the artificial recipient or the drainage ditch if its average thickness is 0.5–1.2 metres or if the average thickness of artificial recipients whose catchment area is over ten square kilometres is up to 0.6 metres.

 (2) The location of a confluence of a jointly used recipient maintained by the state is fixed before removing the sediment with a machine.

 (3) Before removing sediment from artificial recipients or drainage ditches, woody flora must be logged pursuant to the requirements fixed in subsections 6 (2)–(4).

 (4) When removing sediment from artificial recipients or drainage ditches, they must maintain the same depth and, upon necessity, the securement of the base, the toe of the slope, and the slope. If artificial recipients or drainage ditches are in unstable soil, the slope stability must be ensured with a corresponding securement pursuant to the collection, or in another way.

 (5) The roots of flora on slopes or on banks must be preserved, when possible.

 (6) While renewing artificial recipients, appropriate measures must be applied to prevent the sediment from being cast downstream. When renewing artificial recipients or drainage ditches, a new technological sediment pool may be established in the lower, technically more suitable part of the operating area of the renewed artificial recipient, and its capacity must be at least one per cent of the estimated capacity of the excavation works.

Division 3 Renewing culverts 

§ 21.  Renewing culverts

 (1) Culverts are renewed if their parts have shifted, the construction of an inflow or outflow has been decayed, the paving above culverts does not comply with requirements, or trafficking on culverts is either disturbed or dangerous.

 (2) Culvert renewal works include:
 1) replacing a fallen culvert with an equivalent culvert;
 2) demolishing and rebuilding the end part of the fallen culvert;
 3) fixing the position of a pipe or replacing a damaged pipe along with re-isolating its joints;
 4) logging woody flora from the slope of artificial recipients or drainage ditches in the extent of the securement of an inflow or an outflow;
 5) restoring ditch securement at the inflow and outflow of the culvert;
 6) renewing the paving above culverts;
 7) establishing drainage ditches to direct the water from roads to artificial recipients or drainage ditches without damaging the culvert.

 (3) The slope at the end part of culverts is renewed pursuant to the requirements of the building design documentation of the land improvement system and the corresponding drawings from the collection, pursuant to a renewal project for a jointly used recipient maintained by the state, or in another way.

Division 4 Renewing drainage systems 

§ 22.  General requirements

 (1) Drainage systems are renewed if they fail to function properly.

 (2) Renewal of drainage systems includes establishing filler or slit drain or drain filters that intersect with the existing drains.

 (3) Existing drainage pipelines cannot be used for establishing filler or slit drain or drain filters.

 (4) A newly established wind barrier board must stand at least five metres from a drainage pipe. If meeting this requirement proves to be impossible, relevant measures must be applied to protect the drainage pipe and prevent tree roots from damaging the drainage pipe.

§ 23.  Requirements for eliminating drainage breakdowns

 (1) The location of a drainage breakdown is identified by studying the flora and soil moisture regime of the drained territory, probing the pipes, or determining the obstruction of flow that was detected when washing the pipes.

 (2) A broken drainage pipe is replaced with a new pipe that is covered pursuant to requirements.

 (3) Upon washing a drainage pipe, the flushed water cannot be directed into the drainage system.

§ 24.  Requirements for renewing drainage armature

 (1) Confluences are renewed if a confluence pipe is damaged.

 (2) Upon renewing confluences, the confluence pipe is dug out and replaced with a new pipe, the confluence pipe along with a drainage collector joint is isolated, and the confluence pipe is filled with soil from the trench. Renewal of a confluence must comply with the requirements fixed in section 10.

 (3) Drainage wells are renewed when their rings or inflow and outflow pipes have shifted from their position or been damaged.

 (4) Upon renewing a drainage well, its construction is restored pursuant to the building design documentation of the land improvement system and the requirements fixed in section 11; all woody flora is logged in the extent of five metres from the drainage well.

Division 5 Renewing roads 

§ 25.  General requirements

 (1) Roads are renewed if:
 1) the permeability of the road has decreased and road maintenance cannot ensure its purposeful use;
 2) removing all rails, concavities, holes, and other irregularities requires gravel or other suitable materials in the amount of over 25 tonnes per kilometre.

 (2) The road segment is marked or closed if it is unsafe for traffic.

§ 26.  Requirements for renewing paving

 (1) Upon renewing a paving with gravel or other suitable materials and restoring the road profile, all water from the road must be assembled to road ditches in the length of the entire road. Gravel or other suitable materials must cover the road in a layer of 10–15 centimetres, measured in a condensed state.

 (2) Gravel or other suitable materials are used in the amount that is sufficient to even out all irregularities, whereas the entire average thickness of the paving must comply with the requirements of the land improvement system’s building design documentation.

§ 27.  Requirements for renewing facilities in a road ditch or a road area

  Road ditches and confluences with a well at a road area are renewed if they fail to direct the water away from the road. Road ditches are renewed pursuant to the requirements fixed in sections 5–9 and 21.

Division 6 Renewing polder buildings, environmental protection facilities, and other facilities of land improvement systems 

§ 28.  General requirements

 (1) Polder drainage systems are renewed pursuant to divisions 1–4 of Chapter 3.

 (2) Other polder facilities are renewed if they are damaged and fail to ensure the proper functioning of a polder.

§ 29.  Requirements for renewing polder dykes

 (1) Polder dykes are renewed if the height of their edges has decreased by over 20 centimetres compared to the design, or if the dyke has developed a stronger seepage flow than that determined in the building design documentation of land improvement systems.

 (2) Renewal includes restoring the designed height of the dyke by using the materials determined in the building design documentation of land improvement systems.

 (3) Parts with overly strong seepage flow are restored with a filtration barrier determined in the building design documentation of the land improvement system.

§ 30.  Requirements for renewing water collection pools

 (1) Water collection pools are renewed if their adjusted capacity has decreased by over 40 per cent compared to the initial adjusted capacity.

 (2) Water collection pools are renewed pursuant the requirements fixed in section 21.

§ 31.  Requirements for renewing environmental protection facilities and other facilities of land improvement systems

 (1) Environmental protection facilities and other facilities of land improvement systems are renewed if their construction has decayed to the extent that it interferes with the proper functioning of land improvement systems.

 (2) Other facilities of land improvement systems are renewed in a manner that ensures the functioning of land improvement systems pursuant to its building design documentation.

Chapter 4 Performing soil improvement works 

§ 32.  The need for soil liming

 (1) The soil of an agricultural land is limed if calcium deficiency begins to reduce soil production capabilities and the crop does not require an acid environment.

 (2) Soil is limed in the following cases:
 1) mineral soil acidity pHKCI is up to 5.5 or mineral soil acidity is 5.6–6.5 and the content of mobile calcium is under 1,500 milligrams per kilogram;
 2) organic soil acidity pHKCI is up to 4.9 or organic soil acidity is 5.0–5.5 and the content of mobile calcium is under 5,500 milligrams per kilogram.

§ 33.  Fertiliser used for liming

  Liming is done with a lime fertiliser that has been entered in the register of fertilisers and the purpose of which is to reduce soil acidity.

§ 34.  Determining the appropriate lime requirement

 (1) Soil lime requirement in the active substance CaCO3 tonnes per hectare (hereinafter lime measure) is determined in the Annex.

 (2) Lime dosage is calculated by lime measure pursuant to the following coefficients:
 1) 1.3 tonnes per hectare for oil shale ash;
 2) 1.2 tonnes per hectare for lime and dolomite flour;
 3) 2.5 tonnes per hectare for wood, thatch, straw, hay, and peat ash.

§ 35.  Requirements for maintaining and transporting lime fertiliser

 (1) Powdery lime fertiliser must be maintained in a precipitation- and fire-proof environment. In the absence of a depository, powdery lime fertiliser is maintained for up to 30 days under a water- and windproof cover that is humidity-proof and isolated from the ground.

 (2) Powdery lime fertiliser is transported with a tanker that has pneumatic loading equipment. Wood, thatch, straw, hay, and peat ash may be transported in a precipitation- and fire-proof sealed container, vessel, or load.

 (3) Upon maintaining and transporting lime fertiliser, it must be prevented from thickening and clumping because this would aggravate its re-loading and spreading.

§ 36.  Requirements for spreading lime fertiliser

 (1) Lime fertiliser is spread once in the amount of five tonnes per hectare.

 (2) If the amount of lime fertiliser exceeds five tonnes per hectare, then this lime fertiliser is spread over two years. Two spreads must be separated by at least half a year.

 (3) If lime fertiliser is spread in parts, at least one spreading must include lime fertiliser flour, dolostone flour, or a mix of lime fertiliser and dolostone flour.

 (4) The inconsistency of spreading lime fertiliser cannot exceed 35 per cent.

 (5) The inconsistency of spreading lime fertiliser beside an agricultural land cannot exceed 50 per cent in the extent of one working front.

 (6) Slightly powdery lime fertiliser cannot be spread on agricultural land if wind speed exceeds seven metres per second and powdery lime fertiliser cannot be spread on agricultural land if wind speed exceeds five metres per second.

 (7) Lime fertiliser cannot be cast outside the limed area.

 (8) Upon spreading wood ash, it cannot get into immediate contact with sprouting seeds, germinated young flora, and plant roots.

§ 37.  Requirements for spreading lime fertiliser on snow

 (1) The requirements for spreading lime fertiliser on snow are adjusted if snow is over five centimetres thick.

 (2) Lime fertiliser cannot be spread on snow on a ground with a slope of over 2.5 per cent.

 (3) Frozen snow must be loosened before spreading lime fertiliser.

 (4) Powdery lime fertiliser is mixed with snow after spreading.

 (5) Modern equipment is needed for spreading lime fertiliser on snow pursuant to requirements.

§ 38.  Entry into force

  This Regulation enters into force on 1 January 2019.

Annex Determining lime requirement on agricultural land

https://www.riigiteataja.ee/otsingu_soovitused.json