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Planning Act

Passed 28.01.2015
RT I, 26.02.2015, 3
Entry into force 01.07.2015

Amended by the following legal instruments (show)

Chapter 1 General Provisions 

§ 1.  Aim and scope of regulation of this Act

 (1) The aim of this Act is to create – through spatial planning (hereinafter, 'planning') and by promoting environmentally sound and economically, culturally and socially sustainable development – the preconditions that are necessary to provide for democratic, long-term and balanced spatial development and land use and to for a high-quality living and built environment.

 (2) This Act establishes the principles of planning and the requirements for the planning procedure and for the implementation of spatial plans.

 (3) Provisions of the Administrative Procedure Act apply to the administrative procedure provided in this Act without prejudice to the rules established by this Act.

§ 2.  Scope of application of this Act

 (1) Planning extends to land and water areas, airspace and the ground below surface. In situations provided for by law, this Act applies to areas extending to the external border of the exclusive economic zone.

 (2) This Act applies to planning insofar as it is not contrary to State Secrets and Classified Information of Foreign States Act. This Act does not apply to the planning of construction works that serve national defence purposes and are related to communications and advance warning operations, or to the planning of construction works which – by decision of the Government of the Republic, adopted on a proposal of the Minister in charge of the policy area and based on the relevant threat assessment – exist solely to ensure national security or resolve an emergency situation. This Act does not apply to the planning of construction works that serve national defence purposes and are related to storage operations, except where the construction work is located in an area subject to the obligation to create a detailed plan that is mentioned in subsection 1 of § 125.
[RT I, 29.06.2022, 1 – entry into force 09.07.2022]

 (3) The strategic environmental assessment that is conducted in the course of creating a spatial plan is subject to the procedural requirements arising from this Act. When conducting an environmental impact assessment in an area that is part of the Nature 2000 network, or in a transboundary context, the procedure provided by the Environmental Impact Assessment and Environmental Management System Act is observed. The requirements for the content of a strategic environmental assessment programme and report and for other conditions in such a programme or report are established in the same Act.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4) Acquisition of immovables in the public interest, including expropriation, on the basis of an adopted spatial plan is subject to the Acquisition of Immovables in Public Interest Act.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

§ 3.  Planning

 (1) A spatial plan is an inclusive spatial solution that is prepared in respect of a particular land area (hereinafter, the ‘planning area’) and that, in situations provided for by law, establishes the land use and building conditions for that area.

 (2) A spatial plan consists of an explanatory memorandum and technical drawings that are prepared as a result of the planning exercise and that complement each other and constitute an integral whole.

 (3) The explanatory memorandum of a spatial plan states the conclusions drawn from analysing the planning area and its impact areas and the goals of spatial development, the description of the planning solution chosen and the reasons for choosing that solution.

 (4) A spatial plan includes annexes which contain information regarding the application to initiate the preparation of the spatial plan and, regarding cooperation and procedural operations carried out in the course of the planning process, information regarding the actions required in order to implement the spatial plan and, where necessary, regarding the sequence of such actions, as well as any other information that is related to the spatial plan and requires preservation. Where strategic environmental assessment is carried out as part of planning proceedings, the strategic environmental assessment report constitutes an annex to the spatial plan. Where, in the framework of planning proceedings, an administrative contract is concluded under § 130 or § 131, or a contract under subsection 2¹ of § 4, of this Act, such a contract is deemed an annex to the spatial plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) A decision to adopt a spatial plan that serves as the basis for the preparation of building design documentation may specify actions required in order to implement the spatial plan and, where necessary, the sequence of such actions. The actions required in order to implement the spatial plan and the sequence of such actions are included at the latest in the decision to accept the spatial plan.

 (6) The Minister in charge of the policy sector may make regulations to establish requirements concerning:
 1) implementation of the principles of planning;
 2) specification of the manner in which the tasks of spatial plans are to be fulfilled;
 3) the form of spatial plans;
 4) the structure of spatial plans;
 5) the documents related to public disclosure and their preservation.

§ 4.  Authorities that organise planning work

 (1) The authorities that organise planning work are, according to their competence, the Ministry of Finance, other relevant executive authorities or local authorities.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) The duties of the authority that organises planning work include:
 1) ensuring the existence of spatial plans corresponding to the land area;
 2) arranging the preparation of spatial plans;
 3) the preparation of spatial plans or commissioning the preparation of spatial plans;
 4) the taking of the procedural steps required in the course of preparing spatial plans;
 5) assessment of the relevant economic, social, cultural and environmental impact to result from implementation of the spatial plan, including arranging its strategic environmental assessment;
 6) following, reviewing and implementing adopted spatial plans to the extent of the duties imposed by legislation on the authority that organises planning work.

 (2¹) The authority arranging the preparation of the plan may conclude, with the party interested in the preparation of the plan, a contract to assign to that party the obligation to bear the costs connected to the commissioning of the preparation of the plan that serves as the basis for the preparation of building design documentation and the assessment of the impact mentioned in clause 5 of subsection 2 of this section.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (3) The Minister in charge of the policy sector may convene an advisory body which consists of up to twenty members and which advises the authorities that organise planning work and prepares guidelines in order to achieve a spatial development that takes into account the long-term needs and interests of the members of the Estonian society.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]

 (4) The Government of the Republic makes regulations to establish the procedure for cooperation and the principles of approving spatial plans.

 (5) The authority that organises planning work ensures that the spatial plan is prepared by a person who possesses a higher education in the relevant field and has sufficient prior work experience or by a person who holds a corresponding professional qualification (hereinafter, the 'planner'), taking into account the type and purpose of the particular spatial plan. Where a strategic environmental assessment is carried out as part of the planning proceedings, the environmental impact must be assessed or the assessment of the environmental impact must be supervised by a lead expert who meets the requirements set out in the Environmental Impact Assessment and Environmental Management System Act.

 (6) The planners and any other persons who possess specialized knowledge and participate in the preparation of the spatial plan must:
 1) possess knowledge and skills that correspond to the specific character of the work;
 2) observe the duty of diligence in order to ensure the high quality of the spatial plan and its conformity to the requirements;
 3) observe the duty to give explanations, which includes the giving of information, in relation to matters connected to the planner’s or other person’s actions, to the authority that organises planning work or to any other party;
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]
 4) ensure the conformity of the spatial plan to the relevant legislation.

 (7) The recognition of the professional qualifications of persons who have acquired their professional qualification in a Member State of the European Economic Area or European Union is subject to the Recognition of Professional Qualifications Act. The competent authority mentioned in subsection 2 of § 7 of the Recognition of Professional Qualifications Act is the Ministry of the Finance.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]

§ 5.  Joint declaration

 (1) Where, during the planning proceedings, more than 20 persons present similar or substantially similar opinions regarding a solution of the spatial plan that is under preparation, and have not appointed a representative for the purposes of the proceedings, the authority arranging (below, in this translation, also ‘the authority that arranges’ and ‘the authority to arrange’) the preparation of the plan may demand that the persons presenting the opinion appoint a representative. All signatories of the joint declaration must be identifiable and must have added their contact particulars to the joint declaration.

 (2) If the persons presenting the opinion do not appoint a representative within 30 days following receiving the corresponding request from the authority arranging the preparation of the spatial plan, the authority may independently designate a representative from among the applicants. The designated representative may be, amongst others, the person who signed the joint opinion first, who presented or handed over the opinion to the authority or who communicated in any other manner with the authority in the name of other persons who subscribe to the opinion.

 (3) Where a representative has been designated, they notify to the authority arranging the preparation of the spatial plan the method of communication that suits them.

 (4) A representative designated by the authority arranging the preparation of a spatial plan may at any time resign their position, notifying this in writing to the authority. When a designated representative resigns, the authority arranging the preparation of the plan may designate a new representative in accordance with subsection 1 of this section or demand that the persons presenting the opinion appoint their own representative.

 (5) Any represented person may at any time withdraw from being represented by the representative designated by the authority arranging the preparation of the spatial plan, notifying this to the authority in writing. When a represented person withdraws from being represented, they inform the authority arranging the preparation of the spatial plan that they withdraw the opinion or wish to participate in the proceedings as an invited party.

§ 6.  Definitions

  The terms used in this Act are defined as follows:
 1) 'pre-selection of the location' (or ‘pre-selecting the location’) means the selection, performed by considering different possible locations, of the most suitable location or land area for the planned construction work;
 2) 'requirements concerning the architecture of the construction work' mean, first and foremost, the requirements concerning the overall spatial solution of the construction work;
 3) within the overall solution of a construction work, 'requirements concerning the appearance of the construction work' deal with, for instance, the details of the construction work;
 4) 'type of buildings characteristic of the area' means the set of features characteristic of the buildings in an area and may consist in the height and volume of the buildings, the size and layout of the plots, the location of buildings on the plot or in relation to each other;
 5) 'buildable area of the plot' means the area on the plot designated in a spatial plan on which buildings and civil engineering works permitted by the building rights of the plot may be erected;
 6) 'clearance' means the least permitted distance between construction works and is defined in accordance with legislation;
 7) 'intended purpose of use of a plot' defines the purpose for which the plot may be used after adoption of the spatial plan;
 8) 'plot' means a land area which is defined in a detailed spatial plan and in respect of which building rights are granted;
 9) 'principal purpose of land use' means the dominant purpose that is determined by the comprehensive plan in respect of a land area and that sets the main directions of further land use in the entire region to which it applies;
 10) 'planner' means a person who possesses a higher education corresponding to Master's level in the specialism of geography, architecture or landscape architecture or a person holding the professional certificate of the level of an authorised specialist or a person who has been granted the qualification of a spatial environment planner;
 11) 'implementation of a spatial plan' means actions whose goal is to implement the substance of the plan and to ensure that the requirements established in the plan are observed, which is, first and foremost, the duty of a public authority;
 12) 'initial positions' means a document that is prepared as part of the planning proceedings at the time of initiation or after the initiation of the preparation of the spatial plan and in which the authority that arranges the preparation of the spatial plan describes the need for and the purpose of the preparation of the plan and the tasks the plan aims to fulfil, proposes the preliminary timetable for the preparation of the plan and provides an overview of the surveys required for the preparation of the plan and of the persons to be invited to participate in the preparation of the plan;
 13) 'significant spatial impact' means an impact which, in comparison with the previous conditions at the envisaged location of the construction work, causes a significant change in the volume of transport, concentration of pollutants, number of visitors, visual impact, smell, noise, demand for raw materials or labour and whose impact extends to a large territory;
 14) 'principal solution of the spatial plan' means the significant part of a spatial plan that, on implementation of the plan, ensures the overall functioning of the planning solution;
 15) 'planning solution' means the inclusive spatial solution which is prepared in respect of the planning area and which, on implementation, permits the land and construction works envisaged by the spatial plan to be used according to their intended purpose, provided the land use and building conditions specified in the spatial plan are observed;
 16) 'green area' means an area covered with vegetation of either natural or anthropogenic origin in a city in its capacity of a settlement, in a town or a small town or in a densely populated area within a village;
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]
 17) 'green network' means a system which comprises natural and semi-natural biotic communities, ensures the preservation of various types of ecosystems and landscapes and counteracts the impact of human settlement and of economic activities and which consists of a base area and of green corridors that connect base areas.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 7.  Issuing guidelines for planning

 (1) The Ministry of Finance may issue guidelines to define the principles and directions of spatial development in order to:
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
 1) promote the creation and preservation of integral environments of high quality;
 2) harmonize the practices of arranging the preparation of spatial plans;
 3) ensure the balance between different interests and values;
 4) provide other explanations in relation to the application of this Act.

 (2) The guidelines are made public on the website of the Ministry of Finance.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]

Chapter 2 Principles of Planning 

§ 8.  Principle of improving the living environment

  The spatial plan must, while preserving existing values, establish the preconditions for the existence and preservation of a user-friendly and safe living environment and of a spatial fabric that reflects the values of the community, and for the development of aesthetic surroundings.

§ 9.  Principle of inviting the public to participate and of informing the public

 (1) The planning proceedings are public. The authority that organises planning work must inform the public of the planning proceedings in understandable terms, provide sufficient invitation to the public to participate in the proceedings and, in the course of the preparation of the spatial plan, arrange public displays and public discussions of the plan in order to introduce the plan to the public.

 (2) Everyone has a right to participate in planning proceedings and, during those proceedings, express their opinion regarding the spatial plan that is being considered.

 (2¹) When holding public discussions at locations prescribed by this Act, an authority arranging the preparation of a spatial plan may allow participation in such discussions also by electronic means, by real-time two-way communication link or a similar electronic method that permits a participant of the discussion to follow the discussion and to express their opinion.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (2²) Where – due to restrictions established concerning the holding of public meetings and public events – it is not possible to hold public discussions at locations prescribed by this Act, such discussions may be held exclusively by electronic means, real-time two-way communication links or similar electronic methods that permit participants of the discussion to follow the discussion and to express their opinion. Holding a public discussion by the aforementioned methods is permitted only if all parties who have expressed a desire to participate in the discussion have consented to this.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) Everyone has a right, free of charge, to receive relevant information regarding the planning proceedings and the spatial plan.

§ 10.  Principle of balancing and integrating interests

 (1) The authority that organises planning work must balance different interests, including public interests and values, consider them in the light of the principles of planning and the goals of the spatial plan, and integrate them in the planning solution.

 (2) A spatial plan expressing national interests must be guided by the national interests, taking into account local needs and interests where this is possible.

 (3) A spatial plan expressing local interests must be guided by the local interests and must be in conformity with spatial plans expressing national interests and, where necessary, with other strategic documents expressing spatial aspects.

§ 11.  Principle of sufficiency of information

 (1) The authority that organises planning work must, when making planning arrangements, take into account the relevant strategies, risk analyses, existing spatial plans that are in effect, development plans and other documents that have an impact on spatial development, as well as any other relevant information.

 (2) The authority that organises planning work has a right, free of charge, to receive information required for the preparation of spatial plans. The authority must ensure the preservation and availability of any information gathered during planning proceedings.

 (3) Approvals are granted and opinions are provided free of charge, unless otherwise provided by law.

§ 12.  Principle of expedient, reasonable and sustainable land use

 (1) When preparing spatial plans, the appropriate use of previously used areas or of insufficiently used areas must be promoted where possible.

 (2) When planning human settlements, the built environment and green areas must receive balanced consideration, taking into account circumstances dictated by the existing environment and specific location.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) When creating spatial plans, where possible, preference must be given to solutions that are environmentally sound and ensure good energy performance, and the use of renewable energy must be facilitated.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

Chapter 3 National Spatial Plan 

§ 13.  National spatial plans and the authority that arranges the preparation of such plans

 (1) A national spatial plan is prepared in respect of the entire territory and exclusive economic zone of Estonia.

 (2) A national spatial plan may be prepared as a thematic spatial plan that extends to sea areas, the adjacent coastal areas and also the exclusive economic zone.

 (3) The purpose of a national spatial plan is to define the principles and directions of spatial development in Estonia.

 (4) Strategic environmental assessment is mandatory when preparing a national spatial plan.

 (5) The national spatial plan forms the basis for preparing county-wide spatial plans.

 (6) The authority that arranges the preparation of national spatial plans is the Ministry of Finance.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]

§ 14.  Functions of a national spatial plan

 (1) The functions of a national spatial plan are:
 1) to determine the general principles and directions of the development of human settlement on the territory of Estonia;
 2) to determine the principles and directions concerning the development of the national transport network, including at the international level;
 3) to determine the principles and directions of other infrastructure, including energy, gas and communication networks;
 4) to determine the general principles and directions of the exploitation of the ground below surface;
 5) to determine measures to ensure the preservation and functioning of valuable landscapes, valuable arable land and the green network;
 6) where necessary, to provide guidelines for the preparation of county-wide spatial plans;
 7) to perform other tasks related to the functions mentioned in this section.

 (2) The functions of the thematic spatial plans mentioned in subsection 2 of § 13 of this Act are:
 1) to determine the principles and directions of the balanced spatial development of sea area;
 2) to determine the measures required for the protection of marine environment;
 3) to take into account, in a spatial plan, the location of waterways and, where necessary, to make recommendations for rerouting waterways or for planning new waterways;
 4) to determine the location of harbours;
 5) to determine measures to ensure the functioning of fisheries;
 6) to take into account, in a spatial plan, the protected areas and the conditions for their use;
 7) to determine the location and general building conditions of construction works that do not have a permanent connection to the shore;
 8) to identify sea areas that serve national defence purposes and to define the conditions for the use;
 9) to ensure measures required in order to commence the exploitation of mineral resources and to determine the land use conditions concerning areas influenced by the mining of mineral resources;
[RT I, 10.11.2016, 1 – entry into force 01.01.2017]
 10) to define recreation areas and to determine the conditions of their use;
 11) to determine the measures required to ensure the preservation of heritage values;
 12) to identify suitable areas for constructing energy, gas and communication networks;
 13) to perform other tasks related to the functions mentioned in this subsection.

 (3) Decisions on tasks to be dealt with by a nationwide spatial plan are based on the State’s spatial needs and on the purpose of the plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 15.  Cooperation and invitation to participate in the preparation of a national spatial plan

 (1) A national spatial plan is prepared in cooperation with ministries and national associations of local authorities.

 (2) The Riigikogu, local authorities as well as any persons and any other authorities that may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of a national spatial plan or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, are invited to participate in the preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person who has expressed an interest in being invited to participate in the preparation of a national spatial plan may be invited to participate in the preparation of the plan. If the authority that arranges the preparation of such a plan invites a person mentioned in this subsection to participate in its preparation, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a national spatial plan the method of communicating to them any notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of a national spatial plan, the plan is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and other relevant information.

§ 16.  Initiation of the preparation of a national spatial plan and of its strategic environmental assessment

 (1) The preparation of a national spatial plan and of its strategic environmental assessment is initiated by the Government of the Republic

 (2) The order to initiate the preparation of a national spatial plan and of its strategic environmental assessment states the purpose of the preparation of the plan and the time when and place where persons can acquaint themselves with the initiation order.

 (3) Initiation of the preparation of a national spatial plan and of its strategic environmental assessment is announced within 30 days following such initiation in at least one newspaper of nation-wide circulation and, within 14 days following such initiation, in the Official Announcements and on the website of the authority that initiated preparation of the plan as well as of the authority that arranges the preparation of the plan. The announcement states the particulars mentioned in subsection 2 of this section.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified in writing of initiation of the preparation of a national spatial plan and of its strategic environmental assessment within 30 days following such initiation.

§ 17.  Strategic environmental assessment programme of a national spatial plan

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 18.  Invitation to present proposals regarding initial positions for a national spatial plan and its strategic environmental assessment programme

  [RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (1) The authority arranging the preparation of a national spatial plan transmits the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of the proposals.

 (2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act present their proposals regarding the initial positions for a national spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

 (3) If a person or authority mentioned in subsections 1 and 2 of § 15 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for a national spatial plan and its strategic environmental assessment programme.

 (4) The authority arranging the preparation of a national spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

 (5) The initial positions for a national spatial plan and for its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act, are disseminated on the website of the authority that arranges the preparation of the plan.

§ 19.  Public display of a proposed national spatial plan and its strategic environmental assessment report

 (1) The authority arranging the preparation of a national spatial plan arranges the public display of the proposed plan and of its strategic environmental assessment report.

 (2) During the time of public display of a proposed national spatial plan and its strategic environmental assessment report, everyone has a right to present opinions concerning the proposed plan and report.

 (3) The duration of public display of a proposed national spatial plan and of its strategic environmental assessment report is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of the public display of a proposed national spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the display. The notification states the time and place of the public display and the particulars mentioned in subsection 6 of this section.

 (5) The time and place of public display of a proposed national spatial plan and of its strategic environmental assessment report are announced in at least one newspaper of nation-wide circulation at the latest 14 days before the commencement of the public display. The announcement of public display is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The notification mentioned in subsection 4 of this section must briefly introduce the substance of the national spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as state any major changes envisaged in comparison with the existing situation.

 (7) During the time a proposed national spatial plan and its strategic environmental assessment report are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the proposed plan and report and that the authority has at its disposal.

 (8) Within 30 days following the end of the public display of a proposed national spatial plan and its strategic environmental assessment report, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

 (9) Any person who presented a written opinion during the public display may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the national spatial plan in a form reproducible in writing.

§ 20.  Public discussion of the results of public display of a proposed national spatial plan and of its strategic environmental assessment report

 (1) A public discussion of the results of public display of a proposed national spatial plan and of its strategic environmental assessment report is held within 45 days following the end of the public display.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the proposed national spatial plan and its strategic environmental assessment report during the time these were on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of a public discussion of a proposed national spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (4) At the public discussion, the authority arranging the preparation of a national spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected during the preparation of the plan and responds to other questions regarding the plan and its strategic environmental assessment report.

 (5) Any person who presented a written opinion during a public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the national spatial plan in a form reproducible in writing.

§ 21.  Consideration of the results of public display and public discussion of a proposed national spatial plan and of its strategic environmental assessment report

 (1) If written opinions are received during public display of a proposed national spatial plan and its strategic environmental assessment report, information concerning the results of public display is published in one newspaper of nation-wide circulation within 30 days following the date on which the public discussion was held.

 (2) Based on the results of public display and public discussion, necessary modifications are made to the proposed national spatial plan and to its strategic environmental assessment report.

§ 22.  Submission for approval of a proposed national spatial plan and its strategic environmental assessment report and invitation to present opinions regarding the proposed plan and report

 (1) A proposed national spatial plan and its strategic environmental assessment report are submitted for approval to the persons and authorities mentioned in subsection 1 of § 15 of this Act; the persons and authorities mentioned in subsection 2 of § 15 of this Act are notified of the opportunity to present their opinion regarding the plan.

 (2) If the authority or person to whom a proposed national spatial plan and its strategic environmental assessment report were submitted for approval or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to approve the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a proposed national spatial plan and its strategic environmental assessment report were submitted for approval does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been approved. When deciding whether to approve the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

 (4) Based on the approvals and opinions received, the necessary modifications are made to the proposed national spatial plan and its strategic environmental assessment report.

§ 23.  Dissemination of a national spatial plan to the public

 (1) When the results of the strategic environmental assessment report are incorporated in a national spatial plan, the plan is disseminated to the public on the website of the authority arranging its preparation. The duration of the dissemination period must be at least 30 days. During the dissemination period, everyone has a right to present written opinions concerning the plan.

 (2) Within 30 days following the end of the dissemination period mentioned in subsection 1 of this section, the authority arranging the preparation of the plan communicates to the persons who presented written opinions concerning the plan during the time of its dissemination the authority's reasons for taking their opinions into account or for declining to do so.

§ 24.  Adopting a national spatial plan

 (1) A national spatial plan is adopted by order of the Government of the Republic.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of the adoption of a national spatial plan within 14 days following such adoption.

 (3) A notice concerning adoption of a national spatial plan is published within 30 days following such adoption in at least one newspaper of nation-wide circulation and, within 14 days following adoption, in the Official Announcements as well as on the website of the Government of the Republic and of the authority that arranged the preparation of the plan.

 (4) When giving notification of the adoption of a national spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the government’s spatial development objectives and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

§ 25.  Obligation to review a national spatial plan

 (1) The Ministry of Finance reviews a national spatial plan together with county-wide spatial plans at least once every five years and presents an overview of the findings of the review to the Government of the Republic within six months following its completion.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) A review of a national spatial plan must ascertain:
 1) the results of developments based on the plan and the possibilities for further implementation of the plan;
 2) the conformity of the plan to the aims of this Act;
 3) any significant economic, social, cultural and environmental impact resulting from implementation of the plan and the conditions for reducing significant negative impacts;
 4) the need to prepare a new spatial plan;
 5) other significant issues related to implementation of the plan.

§ 26.  Repeal of a national spatial plan

  In order to repeal a national spatial plan, a new national spatial plan must be prepared in accordance with the requirements established in this Act for the preparation of national spatial plans.

Chapter 4 National Designated Spatial Plan 

§ 27.  National designated spatial plans and the authority that arranges the preparation of such plans

 (1) The purpose of a national designated spatial plan is to erect a construction work which has a significant spatial impact and whose chosen location or whose functioning elicits significant national or international interest. A national designated spatial plan is prepared, above all, to express interests which transcend the boundaries of individual counties in the fields of national defence and security, energy supply, the transport of gas, waste management or for the expression of such interests in public water bodies and in the exclusive economic zone.

 (2) A national designated spatial plan must be prepared in respect of the territory of Estonia or a part thereof in order to construct a national road, a public railway, a pipeline whose working pressure exceeds 16 bar (including gas pipelines), an international airport, an international harbour, a construction work serving national defence purposes or a construction work of a security authority, a power station whose nominal electricity generation capacity equals or exceeds 150 megawatts or a wind power station whose nominal electricity generation capacity equals or exceeds 400 megawatts, an overhead electrical power line whose voltage equals or exceeds 110 kilovolts or a hazardous waste disposal site as well as any construction works required for the functioning of such installations, provided the construction work in question fulfils the conditions set out in subsection 1 of this section.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) A national designated spatial plan is prepared in order to construct a construction work that is not mentioned in subsection 2 of this section but meets the criteria set out in subsection 1 of this section if the Government of the Republic makes the corresponding reasoned decision.

 (4) The preparation of a national designated spatial plan concerning a sea area is mandatory in order to build a construction work mentioned in subsections 2 and 3 of this section provided that no thematic spatial plan has been adopted concerning the location of such a construction work in respect of the sea area covered by the plan and provided that no such thematic plan is currently under preparation.

 (5) On the basis of a national designated spatial plan, restrictions may be imposed on immovable property.

 (6) Strategic environmental assessment is mandatory when preparing a national designated spatial plan.

 (7) The authority that arranges the preparation of a national designated spatial plan is the Ministry of Finance. The Government of the Republic may decide, where necessary, that the authority to arrange the preparation of a national designated spatial plan which relates to matters of national defence and security is the executive authority responsible for these matters.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]

 (8) [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (9) The procedure for the preparation of a national designated spatial plan consists of pre-selecting a location for the construction work, with the purpose of finding the most suitable location for that construction work, and of the proceedings to prepare the corresponding detailed solution.

 (10) A national designated spatial plan forms the basis for preparing the corresponding building design documentation.

 (11) During the preparation of a national designated spatial plan, the plan is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and other relevant information.

§ 28.  Initiating the preparation of a national designated spatial plan and of strategic environmental assessment

 (1) The preparation of a national designated spatial plan and of its strategic environmental assessment is initiated by the Government of the Republic at the proposal of the authority arranging the preparation of such a plan or of the executive authority mentioned in subsection 7 of § 27 of this Act.

 (2) Initiation of the preparation of a national designated spatial plan and of its strategic environmental assessment is forgone above all where:
 1) it is evident that future implementation of the envisaged plan is impossible;
 2) this is dictated by other reasons based on overriding public interest or
 3) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (3) The decision on initiating or refusing to initiate the preparation of a national designated spatial plan and its strategic environmental assessment is taken within 90 days following receiving the application seeking initiation of the preparation of the plan.

 (4) On receiving an application seeking initiation of the preparation of a national designated spatial plan, the authority arranging the preparation of the plan informs the public of the content of the application and, where several persons may be presumed to hold an interest in the opening of proceedings concerning the application, of the opportunity to file an equivalent application. The announcement is published in one newspaper of nation-wide circulation and, in the Official Announcements, as well as on the website of the Government of the Republic and of the authority arranging the preparation of the plan. Additional applications may be filed within 30 days following the publication of the announcement.

 (5) The decision to initiate the preparation of a national designated spatial plan and of its strategic environmental assessment states:
 1) the location and size of the planning area, including its boundaries, as envisaged at the initiation;
 2) the purpose of the preparation of the plan;
 3) the purpose of use of the envisaged construction work and the description of the related activity;
 4) the time when and place where persons can acquaint themselves with the decision on initiation.

 (6) Initiation of the preparation of a national designated spatial plan and of its strategic environmental assessment is announced within 30 days following such initiation in a newspaper of nation-wide circulation and, within 14 days following initiation, in the Official Announcements as well as on the website of the Government of the Republic and of the authority arranging the preparation of the plan. The announcement states the particulars mentioned in subsection 5 of this section.

 (7) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified in writing of initiation of the preparation of a national designated spatial plan and of its strategic environmental assessment within 30 days following such initiation.

§ 29.  Termination of the preparation of a national designated spatial plan and of its strategic environmental assessment

 (1) The authority arranging the preparation of a national designated spatial plan may terminate the preparation of the plan and of its strategic environmental assessment above all in cases where,
 1) in the course of the preparation, circumstances are revealed that render future implementation of the plan impossible, or
 2) the purpose of the preparation of the plan is substantially modified in the course of the preparation or
 3) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (2) Announcement and notification of termination of the preparation of a national designated spatial plan and of its strategic environmental assessment and of the reasons for the termination is made following the requirements established in subsections 6 and 7 of § 28 of this Act concerning announcement and notification of initiation of the preparation of such a plan and of its strategic environmental assessment. The announcement of termination of the preparation of a national designated spatial plan and of its strategic environmental assessment and of the reasons for the termination is also disseminated on the website of the authority that arranged the preparation of the plan within 14 days following the termination.

§ 30.  Pre-selecting a location when preparing a national designated spatial plan

 (1) Following initiation of the preparation of a national designated spatial plan and of its strategic environmental assessment, a suitable location is pre-selected for the construction work envisaged by the plan, which then forms the basis for preparing the detailed solution for the plan.

 (2) When pre-selecting a location for a national designated spatial plan, several alternative options must be considered. If several equivalent applications have been received that seek the preparation of such a plan, the possible locations set out in the applications must also be considered when performing the pre-selection.

§ 31.  Cooperation and invitation to participate in pre-selecting a location in for a national designated spatial plan

 (1) Pre-selection of a location for a national designated spatial plan is carried out in cooperation with the Ministries and other government authorities in whose area of government the issues addressed by the designated plan fall.

 (2) The Riigikogu, local authorities within the planning area of a national designated spatial plan and any persons whose rights such a plan may affect, as well as any persons who have expressed an interest in being invited to participate in pre-selecting a location for, and any persons or authorities that may have a legitimate interest in the implementation, of the plan or in the significant environmental impact that may be presumed to result from such implementation, including, through an organisation that unites them, environmental non-governmental organisations – are invited to participate in pre-selecting a location for the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a national designated spatial plan may affect may be invited to participate in pre-selecting a location for the plan. If the authority arranging the preparation of the plan invites a person mentioned in this subsection to participate in the pre-selection, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges preparation of a national designated spatial plan the method for communicating to them any notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (6) During the process of pre-selecting a location for a national designated spatial plan, the plan – together with its material annexes, which primarily include any investigations, approvals, opinions and other current information – is disseminated through the website of the authority arranging its preparation.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 32.  Public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan

 (1) The authority arranging the preparation of a national designated spatial plan arranges public display of the initial positions for pre-selecting a location for the plan and of the strategic environmental assessment programme for such a plan. The public display is held at least in the main population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement. Where the planning concerns public water bodies and the exclusive economic zone, the public display is held at least at the executive authority arranging the preparation of the plan.

 (2) During the time of public display of the initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan, everyone has a right to present opinions concerning the initial positions and the programme.

 (3) The duration of public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan is at least 30 days.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the public display is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the display. The announcement concerning public display and public discussion is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location of the planning area;
 2) state the purpose of the preparation of the national designated spatial plan;
 3) state the purpose of use of the envisaged construction work and describe the related activity.

 (7) During the time that the initial positions for pre-selecting a location for a national designated spatial plan and the strategic environmental assessment programme for such a plan are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the initial positions concerning the pre-selection and to the programme.

 (8) Within 30 days following the end of the public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 33.  Public discussion of the results of public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan

 (1) A public discussion of the results of public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan is held within 45 days following the end of the public display. The discussion is held at least in the main population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main venue of each major settlement. Where the planning concerns public water bodies and the exclusive economic zone, the discussion is held at least at the executive authority arranging the preparation of the plan.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of a public discussion of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (3) At the public discussion, the authority arranging the preparation of a national designated spatial plan introduces to participants the initial positions for pre-selecting a location for the plan and the strategic environmental assessment programme for the plan. The authority also introduces to participants any written opinions received during public display and states its views regarding those opinions, presents its reasons for the solutions selected in the initial positions and for the aims and activities related to the envisaged construction work, and responds to other questions regarding the initial positions and the programme.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the national designated spatial plan in a form reproducible in writing.

§ 34.  Consideration of the results of public display and public discussion of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan

 (1) If written opinions are presented during public display of initial positions for pre-selecting a location for a national designated spatial plan and of the strategic environmental assessment programme for such a plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of information at least 30 days before the public display is not possible because of the publication schedule of the newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the initial positions for pre-selecting a location for the national designated spatial plan and to the strategic environmental assessment programme for the plan.

§ 35.  Invitation to present proposals regarding initial positions for pre-selecting a location for a national designated spatial plan and concerning the memorandum of intention to conduct strategic environmental assessment of the plan

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 36.  Report concerning the first stage of strategic environmental assessment of a national designated spatial plan

 (1) In the course of pre-selection of a location for a national designated spatial plan, the authority arranging the preparation of the plan prepares a report concerning the first stage of strategic environmental assessment of the plan.

 (2) The report concerning the first stage of strategic environmental assessment must contain the information mentioned in subsections 4 and 4² of § 40 of the Environmental Impact Assessment and Environmental Management System Act.
[Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 37.  Submission for approval of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment and invitation to present opinions regarding the proposed decision and the report

 (1) A proposed decision on pre-selecting a location for a national designated spatial plan together with the report concerning the first stage of strategic environmental assessment is submitted for approval to the persons and authorities mentioned in subsection 1 of § 31 of this Act; the persons and authorities mentioned in subsection 2 of § 31 of this Act are notified of the opportunity to present their opinion regarding the proposed decision and the report.

 (2) If the authority or person to whom a proposed decision on pre-selecting a location for a national designated spatial plan and the report concerning the first stage of strategic environmental assessment was submitted for approval, or who was invited to present an opinion regarding the proposed decision and report, has not, within 30 days of receiving the proposed decision and report, refused to approve these or presented an opinion or applied for extension of the time limit, the proposed decision and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

 (3) Based on the approvals and opinions received, the necessary modifications are made to the decision on pre-selecting a location for a national designated spatial plan and the report concerning the first stage of strategic environmental assessment.

§ 38.  Public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) The authority arranging the preparation of a national designated spatial plan arranges public display of a proposed decision on pre-selecting a location for such a plan and of the report concerning the first stage of strategic environmental assessment. The public display is held at least in the main population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main venue of each major settlement. Where the planning concerns public water bodies and the exclusive economic zone, the public display is held at least at the executive authority arranging the preparation of the plan.

 (2) During the time of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment, everyone has a right to present opinions concerning the decision and the report.

 (3) The duration of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before commencement of public display. The notification states the time and place of public display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment are announced in a newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality situated in the planning area or, in the case of cities with city districts, in the municipal newspaper of the city district 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the public display is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement of public display is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 5 of this section must:
 1) state the purpose of the preparation of the national designated spatial plan;
 2) disclose the location of the planning area, including the boundaries and size of any alternative planning areas, and the size of the planning area;
 3) state the purpose of use of the envisaged construction work and describe the related activity and the significant environmental impact likely to be produced.

 (7) During the time a proposed decision on pre-selecting a location for a national designated spatial plan and the report concerning the first stage of strategic environmental assessment are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the national designated spatial plan, to any material and information that is related to the decision and the report.

 (8) Within 30 days following the end of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 39.  Public discussion of the results of public display of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) A public discussion of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is held within 45 days following the end of the public display. The public discussion is held at least in the main population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main venue of each major settlement. When planning concerns public water bodies and the exclusive economic zone, the public discussion is held at least at the executive authority arranging the preparation of the plan.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of a public discussion of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

 (3) At a public discussion, the authority arranging the preparation of a national designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the proposed decision on pre-selecting a location for the plan, for the activities and objectives related to the envisaged construction work, and responds to other questions regarding the proposed decision and the report.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the national designated spatial plan in a form reproducible in writing.

§ 40.  Consideration of the results of public display and public discussion of the proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) Information concerning the results of public display and public discussion of a proposed decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of information at least 30 days before the public discussion is not possible because of the publication schedule of the newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed decision on pre-selecting a location for a national designated spatial plan and the report concerning the first stage of strategic environmental assessment.

 (3) If the modifications made based on the results of public display and public discussions alter the principal solution on pre-selecting a location in for a national designated spatial plan or necessitate significant changes in the report concerning the first stage of its strategic environmental assessment, the proposed decision and report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of the proposed decision and report.

§ 41.  Acceptance of a decision on pre-selecting a location for a national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) Once the modifications that are required under subsection 2 of § 40 of this Act have been made to a proposed decision on pre-selecting a location for a national designated spatial plan and to the report concerning the first stage of strategic environmental assessment, the Government of the Republic makes a decision on acceptance of the pre-selection and of the report.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) By accepting a decision on pre-selecting a location, the Government of the Republic confirms that the selected location is the most suitable for building the construction work envisaged in the national designated spatial plan and that the location of the construction work, the general conditions of its building, pre-selection of its location, the decision on the pre-selection and the report concerning the first stage of strategic environmental assessment are in conformity with the relevant legislation and that the information contained in the report is sufficient for making a choice between the different locations under consideration.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) Having regard to § 42 of this Act, the decision to accept the pre-selection of a location may include a temporary ban on planning and building work in the planning area or a part thereof.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of the decision concerning the pre-selection of the location within 30 days following acceptance of the decision. Within 14 days following the acceptance of the decision, the announcement of its acceptance is published in the Official Announcements and disseminated on the website of the authority that arranges the preparation of the national designated spatial plan.

§ 42.  Imposition of a temporary ban on planning and building work when preparing a detailed solution for a national designated spatial plan

 (1) The authority arranging the preparation of a national designated spatial plan may impose, for the duration of the preparation of a detailed solution for the plan, a ban on planning and building work in the planning area or a part thereof if the detailed solution envisages alterations in the building rights originally granted in that area.

 (2) During the period of a temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:
 1) the adoption of comprehensive plans or detailed spatial plans;
 2) the issuing of building permits for the building of construction works;
 3) the issuing of design specifications;
 4) changing the existing intended purpose of the cadastral unit.

 (3) A temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

 (4) A temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the submission of a building notice or the existence of a building permit is not required.

 (5) The authority arranging the preparation of a national designated spatial plan notifies, by way of registered letter, the owner of any registered immovable in respect of which a temporary ban on planning and building work is to be imposed, the local authority in whose administrative territory such an immovable is situated and, where necessary, any persons who may be affected by the ban, of its intention to impose the ban and of the reasons for its imposition at least 14 days before imposing the ban.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (6) The authority arranging the preparation of a national designated spatial plan imposes a temporary ban on planning and building work by an administrative decree and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any registered immovable subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 43.  Tasks to be fulfilled by a detailed solution for a national designated spatial plan

 (1) Following acceptance of a decision to approve the pre-selection of a location, a detailed solution for the national designated spatial plan is prepared, which determines the building rights of the envisaged construction work and disposes of any other relevant tasks mentioned in subsection 1 of § 126 of this Act. In assessing the relevance of the tasks, the purpose of the plan and the specific character of the envisaged construction work are taken into account.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (2) If, during preparation of a detailed solution for a national designated spatial plan, it becomes known that the plan may entail the need to subject an immovable or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging the preparation of the plan notifies this, by way of registered letter, to the owner of the immovable within seven days following the date on which the need to subject the immovable to acquisition in the public interest or to compulsory possession became known.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

§ 44.  Cooperation and invitation to participate in the preparation of a detailed solution for a national designated spatial plan

 (1) The preparation of a detailed solution for a national designated spatial plan is carried out in cooperation with executive authorities in whose area of government the issues addressed by such a solution fall.

 (2) Local authorities in whose territory the envisaged construction work is to be built, persons whose rights the national designated spatial plan may affect, as well as persons who have expressed an interest in being invited to participate in the preparation of a detailed solution, and any persons or authorities that may have a legitimate interest in the implementation of the plan or in the significant environmental impact that may be presumed to result from such implementation, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are invited to participate in the preparation of the detailed solution for the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a national designated spatial plan may affect may be invited to participate in the preparation of the detailed solution for the plan. If the authority arranging the preparation of the plan invites a person mentioned in this subsection to participate in the preparation of the detailed solution, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a national designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of the detailed solution for a national spatial plan, the detailed solution is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and any other relevant information.

§ 45.  Public display of a proposed detailed solution for a national designated spatial plan and of its strategic environmental assessment report

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 46.  Public discussion of the results of public display of a proposed detailed solution for a national designated spatial plan and of its strategic environmental assessment report

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 47.  Consideration of the results of public display and public discussion of a proposed detailed solution for a national designated spatial plan and of its strategic environmental assessment report

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 48.  Submission for approval of a proposed detailed solution for a national designated spatial plan and of the plan’s strategic environmental assessment report and invitation to present opinions regarding the solution and the report

 (1) A proposed detailed solution for a national designated spatial plan and the plan’s strategic environmental assessment report is submitted for approval to the persons and authorities mentioned in subsection 1 of § 44 of this Act; the persons and authorities mentioend in subsection 2 of § 44 of this Act are notified of the opportunity to present their opinion regarding the solution and the report.

 (2) If the authority or person to whom a proposed detailed solution for a national designated spatial plan and the plan’s strategic environmental assessment report was submitted for approval, or who was invited to present an opinion regarding the solution and the report, has not, within 30 days of receiving the same, refused to approve these or presented an opinion or applied for extension of the time limit, the solution and the report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a proposed detailed solution for a national designated spatial plan and its strategic environmental assessment report were submitted for approval does not indicate that the solution or the report is contrary to legislation or to a national spatial plan, the solution is deemed to have been approved. When deciding whether to approve a proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 49.  Acceptance of a national designated spatial plan

 (1) When the results of the strategic environmental assessment report are incorporated in a national designated spatial plan, the Government of the Republic makes a decision concerning acceptance of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) By making a decision to accept a national designated spatial plan, the authority arranging the preparation of the plan confirms that the plan is in conformity with the relevant legislation and that the results of strategic environmental assessment have been taken into account in the preparation of the plan.

§ 50.  Public display of a national designated spatial plan

 (1) After it has accepted a national designated spatial plan, the authority arranging the preparation of the plan arranges public display of the plan. The display is held at least in the main population centre of the rural municipality in whose territory the planning area is situated, or in the main business centre of the settlement situated in the planning area and in the main business centre of the city or city district. Where the planning concerns public water bodies and the exclusive economic zone, the display is held at least at the executive authority arranging the preparation of the plan.

 (2) During the time of public display of a national designated spatial plan, everyone has a right to present opinions concerning the plan.

 (3) A national designated spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, the approvals and opinions received in accordance with subsection 1 of § 48 of this Act regarding the plan are also made public.

 (4) The duration of public display of a national designated spatial plan is at least 30 days.

 (5) The persons and authorities mentioned in subsections 1 and 2 of § 44 of this Act are notified of the public display of a national designated spatial plan at least 14 days before the commencement of the public display. The notification states the time and place of the public display and the particulars required under subsection 7 of this section.

 (6) The time and place of public display of a national designated spatial plan are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in Official Announcements at the latest 14 days before commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the public display is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement concerning the public display is disseminated on the website of the authority arranging the preparation of the plan.

 (7) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the national designated spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in the preparation of the plan;
 3) state any major changes envisaged in comparison with the existing situation.

 (8) During the time a national designated spatial plan is on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the plan and that the authority has at its disposal.

 (9) In the case of a repeat public display mentioned in subsection 3 of § 52 of this Act, opinions may be presented only with regard to the modifications that have been made in the national designated spatial plan to alter its principal solution after the previous public display.

 (10) Within 30 days following the end of public display of a national designated spatial plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 51.  Public discussion of the results of public display of a national designated spatial plan

 (1) The authority arranging the preparation of a national designated spatial plan arranges a public discussion of the results of public display of the plan within 45 days following the end of the display. The public discussion is held at least in the main population centre of the rural municipality in whose territory the planning area is situated, or in the main business centre of the settlement situated in the planning area and in the main business centre of the city or city district. Where the planning concerns public water bodies and the exclusive economic zone, the discussion is held at least at the executive authority arranging the preparation of the plan.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the national designated spatial plan during the time it was on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 44 of this Act are notified of a public discussion of a national designated spatial plan at least 14 days before the commencement of such a discussion. The notification states the time and place of the discussion.

 (4) At the public discussion, the authority arranging the preparation of a national designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the plan, and responds to any other questions regarding it.

 (5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the national designated spatial plan in a form reproducible in writing.

§ 52.  Consideration of the results of public display and public discussion of a national designated spatial plan

 (1) If written opinions were presented during the public display of a national designated spatial plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of the newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the national designated spatial plan.

 (3) If the modifications made based on the results of public display and public discussion alter the principal solution of the national designated spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of a national designated spatial plan and of its strategic environmental assessment report.

§ 53.  Adoption of a national designated spatial plan

 (1) A national designated spatial plan is adopted by order of the Government of the Republic.

 (2) The adoption of a national designated spatial plan suspends the validity of any previously adopted spatial plan or part thereof in respect of the planning area. In the area covered by a spatial plan whose validity has been suspended, the national designated spatial plan replaces the former and the corresponding modifications are made in the relevant spatial plans within 60 days following the adoption of the plan. When making the modifications, a rerference to the fact that the corresponding land area is subject to a designated spatial plan must be included in the previously adopted spatial plan or, where this is technically possible, the modifications envisaged in the designated spatial plan are to be recorded on the map of the previously adopted spatial plan and in its explanatory memorandum.

 (3) A national designated spatial plan expires if its implementation has not commenced within five years following adoption.

 (4) In order to bring a national designated spatial plan into conformity with legislation that has been amended or adopted after the adoption of the plan or with a court judgment that has entered into effect after the adoption of the plan, the authority that arranged the preparation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the adoption of national designated spatial plans.

 (5) The persons and authorities mentioned in subsections 1 and 2 of § 31 and in subsections 1 and 2 of 44 of this Act are notified of the adoption of a national designated spatial plan within 14 days following such adoption. Notification is also made to the owners of any immovables that, in order for the plan to be implemented, need to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

 (6) A notice concerning the adoption of a national designated spatial plan is published within 30 days following the adoption in at least one newspaper of nation-wide circulation and in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and, within 14 days following adoption, in the Official Announcements, as well as on the website of the authority that arranged the preparation of the plan. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and is also published within 30 days in the county newspaper. Where the local authority has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days.

 (7) When giving notification of the adoption of a national designated spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 54.  Contesting a national designated spatial plan

  Anyone who finds that the decision by which a national designated spatial plan is adopted is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the adoption of the plan.

Chapter 5 County-Wide Spatial Plan 

§ 55.  County-wide spatial plans and the authority that arranges the preparation of such plans

 (1) The purpose of a county-wide spatial plan is to define the principles and directions of spatial development of the entire county or a part thereof, or of another region. A county-wide spatial plan is prepared primarily in order to express interests that transcend the boundaries of individual local authorities, and in order to balance national and local needs and interests regarding spatial development.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (1¹) A county-wide spatial plan may be prepared concerning a tract of land as well as concerning public water bodies with the exception of internal waters and the territorial sea.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) County-wide spatial plans are the basis for the preparation of comprehensive plans.

 (3) Strategic environmental assessment is mandatory when preparing a county-wide spatial plan. When preparing a thematic county-wide spatial plan, a preliminary assessment must be made and the conducting of strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

 (4) The preparation of county-wide spatial plans is arranged by the Ministry of Finance.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 56.  Functions of a county-wide spatial plan

 (1) The functions of a county-wide spatial plan are:
 1) to define balanced and sustainable settlement with respect to the planning area, including the statement of conditions significant for the functioning of the network of centres and for influencing the distribution of communities, and to determine the principles for the planning of centres;
 2) to determine the potential locations of transport networks and other infrastructure, including national roads, public railways, waterways, aerodromes and harbours;
 3) to determine the potential locations of waste treatment sites of regional importance, including landfills;
 4) to define general principles for the use of public water bodies;
 5) to state the conditions of use of mineral deposits and of areas affected by mining;
 6) to state the general conditions of use for the preservation of cultural heritage;
 7) to state the general conditions of use for the preservation of valuable agricultural land, landscapes and natural biotic communities;
 8) to define important leisure and recreation areas and to state the general conditions of use for such areas;
 9) to state the general conditions of use for ensuring the functioning of the green network;
 10) to define the location of areas serving national defence purposes and of areas impacted by such areas and to state the general conditions of use for such areas;
 11) to formulate directions for the preparation of comprehensive plans;
 12) to fulfil other functions that emanate from a national spatial plan or that are related to the themes mentioned in this subsection.

 (2) The functions to be fulfilled by a county-wide spatial plan are decided on in accordance with the county’s spatial needs and the purpose of the spatial plan.

§ 57.  Cooperation and invitation to participate in the preparation of county-wide spatial plans

  [RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (1) A county-wide spatial plan is prepared in cooperation with the Ministries, the local authorities within the planning area and the executive authorities in whose area of government the questions dealt with in the plan fall.

 (2) Persons who have expressed an interest to be invited to participate in the preparation of a county-wide spatial plan, as well as any persons and authorities that may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of the plan, or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, are invited to participate in the preparation of the plan.

 (3) Any person whose interests may be affected by a county-wide spatial plan may be invited to participate in the preparation of the plan. Should the authority arranging the preparation of the plan extend an invitation to participate to such a person, the provisions applicable to that person are those that apply to the persons and authorities mentioned in subsection 2 of this section.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a county-wide spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of a county-wide spatial plan, the plan is disseminated through the website of the authority arranging the preparation of the plan together with its material annexes, which primarily include any surveys, approvals, opinions and any other current information.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 58.  Initiating a county-wide spatial plan and its strategic environmental assessment

 (1) The preparation of a county-wide spatial plan and its strategic environmental assessment is initiated by the Government of the Republic.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) Initiation of the preparation of a county-wide spatial plan and its strategic environmental assessment is forgone above all where:
 1) it is evident that future implementation of the envisaged plan is impossible;
 2) this is dictated by other reasons based on overriding public interest.

 (3) The decision on initiating or refusing to initiate the preparation of a county-wide spatial plan and its strategic environmental assessment is taken within 30 days following receiving the application seeking initiation of the preparation of the plan.

 (4) The decision to initiate the preparation of a county-wide spatial plan and its strategic environmental assessment states:
 1) the purpose of the preparation of the plan;
 2) the location and size of the planning area, including its boundaries;
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]
 3) the time when and place where persons can acquaint themselves with the decision on initiation.

 (5) Initiation of the preparation of a county-wide spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in the county newspaper or in a newspaper of nation-wide circulation, and in the municipal newspaper of the city or rural municipality located in the planning area. Where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following the initiation. If the local authority has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following the initiation.

 (6) The notice concerning initiation of the preparation of a county-wide spatial plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging the preparation of the plan within 14 days following the initiation. The notice must include the particulars mentioned in subsection 4 of this section.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (7) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of initiation of the preparation of a county-wide spatial plan and of its strategic environmental assessment within 30 days following such initiation.

 (8) A decision not to initiate strategic environmental assessment of a thematic county-wide spatial plan, and the reasons for such a decision, are notified following the requirements established in subsections 5–7 of this section.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 59.  Terminating the preparation of a county-wide spatial plan and of its strategic environmental assessment

 (1) The authority arranging the preparation of a county-wide spatial plan may terminate the preparation of the plan and its strategic environmental assessment above all in cases where, in the course of preparation, circumstances are revealed that render future implementation of the plan impossible, or where the purpose of the preparation of the plan is substantially modified in the course of the preparation.

 (2) Announcement and notification of termination of the preparation of a county-wide spatial plan and of its strategic environmental assessment, as well as of the reasons of termination, is made following the requirements established in subsections 5 and 7 of § 58 of this Act concerning announcement and notification of initiation of the preparation of county-wide spatial plans and of their strategic environmental assessment. The announcement of termination of the preparation of a county-wide spatial plan and of its strategic environmental assessment, as well as of the reasons for the termination is also disseminated on the website of the authority arranging the preparation of the plan within 14 days following the termination.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 60.  Memorandum of intention to conduct strategic environmental assessment of a county-wide spatial plan

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 61.  Invitation to present proposals regarding initial positions for a county-wide spatial plan and the strategic environmental assessment programme for such a plan

 (1) The authority arranging the preparation of a county-wide spatial plan transmits the initial positions for the plan and the strategic environmental assessment programme for the plan to the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of the proposals.

 (2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act present their proposals regarding the initial positions for a county-wide spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

 (3) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (4) If a person or authority mentioned in subsections 1 and 2 of § 57 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for the county-wide spatial plan and its strategic environmental assessment programme.

 (5) The authority arranging the preparation of a county-wide spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

 (6) The initial positions for a county-wide spatial plan and its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act, are disseminated on the website of the authority arranging preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 62.  Public display of a proposed county-wide spatial plan and of its strategic environmental assessment report

 (1) The authority arranging the preparation of a county-wide spatial plan arranges the public display of the plan and of the strategic environmental assessment report. The public display is held at least in the major population centre of the county on whose territory the planning area is located.

 (2) During the time of public display of a proposed county-wide spatial plan and proposed strategic environmental assessment report, everyone has a right to present opinions concerning the proposed plan and report.

 (3) The duration of public display of a proposed county-wide spatial plan and proposed strategic environmental assessment report is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the public display of a proposed county-wide spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the public display. The notification states the time and place of the public display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of a proposed county-wide spatial plan and of its strategic environmental assessment report are announced in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of each local authority situated in the planning area or, in the case of cities with city districts, in the municipal newspaper of each city district 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before public display is not possible because of the publication schedule of the newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement concerning public display and public discussion of the proposed plan and report is disseminated on the website of the authority arranging the preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (6) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location and size, including the boundaries, of the planning area of the thematic plan and of any plan prepared regarding a part of the county;
 2) briefly introduce the substance of the county-wide spatial plan, including stating any significant environmental impact that may presumably result from implementation of the plan as well as the major changes envisaged in comparison with the existing situation.

 (7) During the time a proposed county-wide spatial plan and of its strategic environmental assessment report are on public display, everyone is to have access, at the major population centre of the planning area, during the office hours of the authority arranging the preparation of the plan, to any material and information which is related to the proposed plan and report and which the authority arranging the preparation of the plan has at its disposal.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (8) Within 30 days following the end of the public display of a proposed county-wide spatial plan and of its strategic environmental assessment report, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

§ 63.  Public discussion of the results of public display of a proposed county-wide spatial plan and its strategic environmental assessment report

 (1) A public discussion of the results of public display of a proposed county-wide spatial plan and its strategic environmental assessment report is held within 45 days following the end of the public display. The public discussion is held at least in the major population centre of the county in whose territory the planning area is situated.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the public discussion of a proposed county-wide spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (3) At the public discussion, the authority arranging the preparation of a county-wide spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected during the preparation of the county-wide spatial plan and responds to other questions regarding the proposed plan and its strategic environmental assessment report.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the county-wide spatial plan in a form reproducible in writing.

§ 64.  Consideration of the results of public display and public discussion of a proposed county-wide spatial plan and of its strategic environmental assessment report

 (1) If written opinions are received during the public display of a proposed county-wide spatial plan and of its strategic environmental assessment report, information concerning the results of public display is published in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of each local authority situated in the planning area within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed county-wide spatial plan and its strategic environmental assessment report.

§ 65.  Submission for approval of a proposed county-wide spatial plan and of its strategic environmental assessment report; invitation to present opinions concerning the proposed plan and report

 (1) A proposed county-wide spatial plan and its strategic environmental assessment report are submitted for approval to the persons and authorities mentioned in subsection 1 of § 57 of this Act; the persons and authorities mentioned in subsection 2 of § 57 of this Act are notified of the opportunity to present their opinion regarding the proposed plan and report.

 (2) If the authority or person to whom a proposed county-wide spatial plan and its strategic environmental assessment report was submitted for approval or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to approve the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a proposed county-wide spatial plan and its proposed strategic environmental assessment report were submitted for approval does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been approved. When deciding whether to approve the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 66.  Acceptance of a county-wide spatial plan

 (1) When the results of the strategic environmental assessment report are incorporated in the county-wide spatial plan, the Government of the Republic makes a decision on accepting the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) By making a decision to accept a county-wide spatial plan, the authority arranging the preparation of the plan confirms that the plan is in conformity with the relevant legislation and corresponds to the spatial development objectives of the county. The authority also confirms that the results of strategic environmental assessment have been taken into account in the preparation of the plan.

§ 67.  Public display of a county-wide spatial plan

 (1) After it has accepted a county-wide spatial plan, the authority arranging the preparation of the plan arranges public display of the plan. The public display is held at least in the major population centre of the county in whose territory the planning area is situated.

 (2) During the time of public display of a county-wide spatial plan, everyone has a right to present opinions concerning the plan.

 (3) A county-wide spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons for the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the county-wide spatial plan, any approvals and opinions received in accordance with subsection 1 of § 65 of this Act regarding the plan are also made public.

 (4) The duration of public display of a county-wide spatial plan is at least 30 days.

 (5) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of public display of a county-wide spatial plan at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

 (6) The time and place of public display of a county-wide spatial plan are announced in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated at the latest 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before public display is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement concerning public display is disseminated on the website of the authority arranging the preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (7) The announcement mentioned in subsection 6 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the county-wide spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in the preparation of the plan;
 3) state the major changes envisaged in comparison with the existing situation.

 (8) During the time of public display of a county-wide spatial plan, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information which is related to the plan and which the authority arranging the preparation of the plan has at its disposal.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (9) Within 30 days following the end of public display of a county-wide spatial plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 68.  Public discussion of the results of public display of a county-wide spatial plan

 (1) A public discussion of the results of public display of a county-wide spatial plan is held within 45 days following the end of the display. The display is held at least in the major population centre of the county in whose territory the planning area is situated.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the county-wide spatial plan during the time the plan was on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the public discussion of a county-wide spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (4) At the public discussion, the authority arranging the preparation of the county-wide spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the plan and responds to other questions regarding the plan.

 (5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the county-wide spatial plan in a form reproducible in writing.

§ 69.  Consideration of the results of public display and public discussion of a county-wide spatial plan

 (1) If written opinions were presented during the public display of a county-wide spatial plan, information concerning the results of public display and public discussion is published in the county newspaper of in one newspaper of nation-wide circulation and in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the county-wide spatial plan.

 (3) If the modifications made based on the results of public display and public discussion alter the principal solutions of a county-wide spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall. Also, the public display and public discussion are held anew, following the requirements established in this Act in respect of submission for approval of county-wide spatial plans and strategic environmental assessment reports and of arranging the public display and public discussion of such plans and reports.

§ 70.  Ratifying a county-wide spatial plan

  [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 71.  Adopting a county-wide spatial plan

 (1) A county-wide spatial plan is adopted by order of the Government of the Republic.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) A notice concerning the adoption of a county-wide spatial plan is published within 30 days following such adoption in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated and, within 14 days following adoption, in the Official Announcements, as well as on the website of the authority arranging the preparation of the plan. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and the adoption of the plan is also announced within 30 days in the county newspaper. Where the local authority has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following adoption of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) When giving notification of the adoption of a county-wide spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the county’s spatial development objectives and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the adoption of a county-wide spatial plan within 30 days following such adoption.

§ 72.  Obligation to review the county-wide spatial plan

 (1) The Ministry of Finance reviews county-wide spatial plans at least once every five years and submits an overview of the findings of the review, including any adopted comprehensive plans, to the Government of the Republic within six months following completion of the review.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) A review of a county-wide spatial plan must ascertain:
 1) the results of developments based on the plan and the possibilities for further implementation of the plan;
 2) the conformity of the plan to the aims of this Act;
 3) any significant economic, social, cultural and environmental impact to result from implementation of the plan and the conditions for reducing significant negative impacts;
 4) the need to incorporate in the plan modifications emanating from other spatial plans and from legislation;
 5) the need to prepare a new spatial plan;
 6) other significant issues related to implementation of the plan.

§ 73.  Repealing or modifying a county-wide spatial plan

 (1) In order to repeal a county-wide spatial plan, a new county-wide spatial plan that deals with the same planning area or the same planning theme must be prepared, following the requirements established in this Act concerning the preparation of county-wide spatial plans.

 (2) A county-wide spatial plan may be modified by preparing a spatial plan in respect of a part of the planning area or a thematic spatial plan, following the requirements established in this Act concerning the preparation of county-wide spatial plans. Any spatial plan to modify a county-wide spatial plan is prepared in cooperation with the executive authorities in whose area of government the matters dealt with by the modifications fall and with the persons whose rights or interests the modifications may affect, inviting those authorities and persons to participate in the preparation of the plan.

 (3) When a thematic spatial plan mentioned in subsection 2 of this section is adopted, the modifications made by that plan are incorporated in the previously adopted county-wide spatial plan within 30 days following the adoption of the thematic spatial plan. When introducing the modifications into the previously adopted county-wide spatial plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, enter the modifications emanating from the thematic plan on the map and in the explanatory memorandum of the county-wide spatial plan.

 (3¹) Where a county-wide spatial plan needs to be brought into conformity with legislation amended or passed after the adoption of the plan or with a judgment that has entered into effect, the authority that arranged the preparation of the plan incorporates the necessary modifications into the plan as an administrative action, without conducting public proceedings. The modifications are announced in accordance with the requirements established for announcing the adoption of county-wide spatial plans.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (4) When modifying a county-wide spatial plan by means of a spatial plan dealing with a part of its planning area or by means of a thematic spatial plan, it must be ensured that the overall solution of the county-wide spatial plan as modified remains capable of implementation.

Chapter 6 Comprehensive Plan 

§ 74.  Comprehensive plans and the authority that arranges the preparation of such plans

 (1) The purpose of a comprehensive plan is to define the principles of and directions in the spatial development of the entire territory of a rural municipality or city or a part of such territory.

 (1¹) By agreement between the corresponding local authorities, a comprehensive plan may be prepared in respect of the territory of several rural municipalities or cities, among other things for the purpose of implementing the development strategy of the county.
[RT I, 04.07.2017, 2 – entry into force 01.01.2018]

 (2) In a situation mentioned in clause 5 of subsection 1 of § 75, a comprehensive plan may be prepared for the planning of the area of a public water body.

 (3) On the basis of a comprehensive plan, restrictions may be imposed on immovable property.

 (4) Strategic environmental assessment is mandatory when preparing a comprehensive plan. When preparing a thematic plan under a comprehensive plan, a preliminary assessment must be made and strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

 (5) Comprehensive plans are the basis for the preparation of local designated spatial plans and detailed spatial plans and, in cases where the preparation of a detailed spatial plan is not mandatory, for the issuing of design specifications.

 (6) If the planning area contains a heritage conservation area or its protection zone, special conditions of heritage conservation for comprehensive plans are taken into account in the preparation of such a plan, having regard to the provisions of the Heritage Conservation Act.
[RT I, 19.03.2019, 13 – entry into force 01.05.2019]

 (7) If an enterprise that constitutes a dangerous enterprise or an enterprise with major hazard under the Chemicals Act is located in the planning area, the requirements provided by the Chemicals Act must be taken into account in the preparation of the comprehensive plan.
[RT I, 10.11.2015, 2 – entry into force 01.12.2015]

 (8) The preparation of a comprehensive plan is arranged by the local authority.

§ 75.  Functions of a comprehensive plan

 (1) The functions of a comprehensive plan are:
 1) to determine the general location of transport networks and other infrastructure, including local roads, railways, harbours and small-craft harbours, and the restrictions resulting from such networks, infrastructure, roads and harbours;
 2) to determine the location of waste treatment sites of local importance and the restrictions resulting from such sites;
 3) to determine the general location of utility lines and of civil engineering works related to such lines, and the restrictions resulting from such utility lines and civil engineering works;
 4) to select the location of construction works that have significant spatial impact;
 5) to determine the general requirements concerning the building, in a public water body, of construction works that have a permanent connection to the shore or that are functionally connected to the shore, and their location;
 6) to specify the conditions directing the development of human settlement;
 7) to determine the area of a bathing beach;
 8) to expand the protection zone of a street;
 9) to define the boundaries of areas of repeated flooding on the coastline and to set the high water marks of internal bodies of water with an extensive flooding area;
 10) to specify the location and the conditions that ensure the functioning of a green network and to determine the restrictions resulting from such a network;
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]
 11) to state the conditions of public access to shore or bank paths and, in cases of overriding interest, deciding the closure of such a path and arranging a bypass in accordance with the provisions of the General Part of the Environmental Code Act;
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]
 12) to extend or reduce the building exclusion zone of the shore or bank;
 13) to designate natural objects to be protected at the local authority level and to state the conditions for their protection and use;
 14) to designate valuable agricultural land, green areas, landscapes, individual features of landscapes and natural biotic communities and to state the conditions for their protection and use;
 15) to determine the restrictions resulting from areas that are subject to the impact of mineral deposits and mining;
 16) to designate built-up areas of cultural and environmental value and to assign the status ‘valuable’ to individual objects and to state the conditions for their protection and use;
 17) to determine the measures to preserve locally significant cultural heritage, and the general conditions for the use of such heritage;
 18) to determine the general use and building conditions of the planning area including the conditions for issuing design specifications, to determine the principal purpose of land use, the maximum built-up floor area, the height limit for buildings and the requirements for the planting of vegetation;
 19) to define land areas that serve national defence purposes and to specify the boundaries of the land areas defined in the county-wide spatial plan as serving national defence purposes;
 20) to determine the location of leisure and recreation areas and the restrictions resulting from such areas;
 21) to establish restrictions concerning the size of the cutting area and the rotation age in the event of forest clearcutting operations performed in order to protect settlements or construction works against air pollution, noise, strong wind or snowstorm or in order to reduce the risk of fire outbreak or to prevent the spread of a forest fire;
 22) to define the categories of standard noise levels;
 23) to define the general principles of traffic arrangements;
 23¹) to set conditions that reduce the risk of crime;
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]
 24) to determine the minimum size of plots;
 25) to designate areas where, and to determine instances in which, when preparing a detailed spatial plan, the holding of an architecture competition has to be considered;
 26) to designate areas where the preparation of a detailed plan is mandatory or to determine instances when the preparation of a detailed plan is mandatory;
 27) to designate areas as ‘densely populated’ for the purposes of the Land Reform Act and Nature Conservation Act;
 28) to determine the location of land improvement systems and the restrictions resulting from such systems;
 29) to state the need to subject an immovable to acquisition in the public interest – including expropriation – or to compulsory possession in order to fulfil the functions mentioned in this subsection;
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]
 30) to determine the location of water catchments with sanitary protection zones and the restrictions resulting from such catchments;
 31) to fulfil other functions in relation to the functions listed in this subsection.

 (2) The functions to be fulfilled by a comprehensive plan are decided on in accordance with the spatial needs of the local authority and the purpose of the plan.

 (2¹) Decisions on the tasks to be resolved by a comprehensive plan prepared in respect of the administrative territory of several rural municipalities or cities are based, among other things, on the spatial needs formulated in the development strategy of the county and on the purpose of the plan.
[RT I, 04.07.2017, 2 – entry into force 01.01.2018]

 (3) A comprehensive plan may contain a proposal to modify the county-wide spatial plan.

 (4) The principal purpose of land use means the dominant purpose that is determined by a comprehensive plan in respect of a land area and that sets the main directions of further land use in the entire region to which it applies.

§ 76.  Cooperation and invitation to participate in the preparation of comprehensive plans

 (1) A comprehensive plan is prepared in cooperation with the executive authorities in whose area of government the issues addressed by the plan fall, and with the local authorities whose territory borders on the planning area.

 (2) The Minister in charge of the policy sector and any persons whose rights a comprehensive plan may affect, as well as persons who have expressed an interest in being invited to participate in the preparation of the plan, and any persons or authorities that may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of the plan or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are invited to participate in the preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a comprehensive plan may affect may be invited to participate in the preparation of the plan. Should the authority arranging the preparation of the plan invites such a person to participate in the preparation of the plan, the provisions applicable to that person are those that apply to the persons and authorities mentioned in subsection 2 of this section.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a comprehensive plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of a comprehensive plan, the plan is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and other up-to-date information.

§ 77.  Initiating the preparation of a comprehensive plan and of strategic environmental assessment

 (1) The preparation of a comprehensive plan and its strategic environmental assessment are initiated by a resolution of the council of the local authority.

 (2) Initiation of the preparation of a comprehensive plan and of the corresponding strategic environmental assessment is forgone above all where:
 1) it is obvious that the purpose of the plan to be initiated is contrary to the county-wide spatial plan;
 2) it is evident that future implementation of the plan to be initiated is impossible;
 3) such a decision is dictated by other reasons of overriding public interest.

 (3) The decision on initiating or refusing to initiate the preparation of a comprehensive plan and of strategic environmental assessment is taken within 30 days following reception of an application seeking such initiation. Where warranted by the circumstances – above all due to the size of the planning area, the need to conduct surveys or investigations or the large number of the parties to be invited to participate or cooperate – the time limit mentioned in the preceding sentence may be extended to 90 days.

 (4) The decision to initiate the preparation of a comprehensive plan and the corresponding strategic environmental assessment states:
 1) the purpose of the preparation of the plan;
 2) in the case of a thematic plan and a plan concerning a part of the territory of the local authority, the location and size of the planning area, including its boundaries;
 3) the time when and place where persons can acquaint themselves with the decision on initiation.

 (5) Initiation of the preparation of a comprehensive plan and of its strategic environmental assessment is announced within 30 days following such initiation in the municipal newspaper of the city or rural municipality, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the announcement is published in that newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the local authority has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

 (6) A notice concerning initiation of the preparation of a comprehensive plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging the preparation of the plan within 14 days following such initiation. The notice must include the particulars mentioned in subsection 4 of this section.

 (7) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the initiation of the preparation of a comprehensive plan and of its strategic environmental assessment within 30 days following such initiation.

 (7¹) A decision not to initiate strategic environmental assessment of a thematic comprehensive plan, and the reasons for such a decision, are notified following the requirements established in subsections 5–7 of this section.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (8) If it is known at the initiation of the preparation of a comprehensive plan or it becomes known during the preparation of such a plan that the plan may entail the need to subject an immovable or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging the preparation of the plan notifies the owner of the registered immovable of the initiation within seven days following the date on which the decision to initiate was made or from the date on which the need to subject the immovable to compulsory acquisition or compulsory possession became known.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

§ 78.  Termination of the preparation of a comprehensive plan and of its strategic environmental assessment

 (1) The authority arranging the preparation of a comprehensive plan may terminate the preparation of the plan and of strategic environmental assessment above all in cases where:
 1) in the course of the preparation, circumstances are revealed that render future implementation of the plan impossible, or
 2) the purpose of the preparation of the plan is substantially modified in the course of the preparation.

 (2) Announcement and notification of termination of the preparation of a comprehensive plan and of strategic environmental assessment and of the reasons for the termination is made following the requirements established in subsections 5 and 7 of § 77 of this Act concerning announcement and notification of initiation of the preparation of comprehensive plans and of their strategic environmental assessment. Announcement of termination of the preparation of a comprehensive plan and of its strategic environmental assessment and of the reasons for the termination is also disseminated on the website of the authority that arranged the preparation of the plan within 14 days following the termination.

§ 79.  Imposing a temporary ban on planning and building work when preparing a comprehensive plan

 (1) The authority arranging the preparation of a comprehensive plan may impose, for the duration of the preparation of the plan, a ban on planning and building work in the planning area or a part thereof if the plan envisages alterations in the building and use conditions originally established for the planning area.

 (2) During the period of a temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:
 1) the adoption of comprehensive plans or detailed spatial plans;
 2) the issuing of building permits for the building of construction works;
 3) the issuing of design specifications;
 4) changing the hitherto intended purpose of the cadastral unit.

 (3) A temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

 (4) A temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the submission of a building notice or the existence of a building permit is not required.

 (5) The authority arranging the preparation of a comprehensive plan notifies, by way of registered letter, the owner of any registered immovable in respect of which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

 (6) The authority arranging the preparation of a comprehensive plan imposes a temporary ban on planning and building work by a corresponding order and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any registered immovable subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 80.  Memorandum of intention to conduct strategic environmental assessment of a comprehensive plan

  [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 81.  Invitation to present proposals regarding initial positions for a comprehensive plan and its strategic environmental assessment programme

 (1) The authority arranging the preparation of a comprehensive plan transmits the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of proposals.

 (2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act present their proposals regarding the initial positions of a comprehensive plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

 (3) The Minister in charge of the policy sector or an official authorised by the Minister has a right to designate, in addition to those named in the initial position, other persons and authorities in cooperation with whom a comprehensive plan is to be prepared or who are to be invited to participate in the preparation of the plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (4) If a person or authority mentioned in subsections 1 and 2 of § 76 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for a comprehensive plan and its strategic environmental assessment programme.

 (5) The authority arranging the preparation of a comprehensive plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

 (6) The initial positions of a comprehensive plan and its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act, are disseminated on the website of the authority that arranges the preparation of the plan.

§ 82.  Public display of a proposed comprehensive plan and its strategic environmental assessment report

 (1) The authority arranging the preparation of a comprehensive plan arranges a public display of the proposed plan and of its strategic environmental assessment report. The public display is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement. In cities with city districts, the public display is held in the main business centre of the city district.

 (2) During the time of public display of a proposed comprehensive plan and its strategic environmental assessment report, everyone has a right to present opinions concerning the plan and the report.

 (3) The duration of public display of a proposed comprehensive plan and of its strategic environmental assessment report is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public display of a proposed comprehensive plan and of its strategic environmental assessment report at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of a proposed comprehensive plan and of its strategic environmental assessment report are announced in the municipal newspaper of each local authority situated in the planning area, as well as in the county newspaper or in a newspaper of nation-wide circulation which the local authority has selected for the publication of the official announcements of the city or rural municipality at least 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before public display is not possible because of the publication schedule of the newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement concerning the public display and public discussion of a proposed comprehensive plan and its strategic environmental assessment report is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the comprehensive plan, including stating any significant impact that may presumably result from implementation of the plan as well as any major changes envisaged in comparison with the existing situation.

 (7) During the time a proposed comprehensive plan and its strategic environmental assessment report are on public display, everyone is to have access, during the office hours of the executive of the city or rural municipality, to any material and information that is related to the proposed plan and report and that the executive has at its disposal.

 (8) Within 30 days following the end of public display of a proposed comprehensives plan and its strategic environmental assessment report, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

§ 83.  Public discussion of the results of public display of a proposed comprehensive plan and of its strategic environmental assessment report

 (1) A public discussion of the results of public display of a proposed comprehensive plan and of its strategic environmental assessment report is held within 45 days following the end of the public display. The public discussion is held in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement. In cities with city districts, the public display is held in the main business centre of the city district.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public discussion of a proposed comprehensive plan and of its strategic environmental assessment report at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

 (3) At the public discussion, the authority arranging the preparation of the comprehensive plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected during preparation of the plan and responds to other questions regarding the proposed comprehensive plan and its strategic environmental assessment report.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the comprehensive plan in a form reproducible in writing.

§ 84.  Consideration of the results of public display and public discussion of a proposed comprehensive plan and of its strategic environmental assessment report

 (1) If written opinions are received during public display of a proposed comprehensive plan and of its strategic environmental assessment report, information concerning the results of public display and public discussion is published, within 30 days following the date on which the public discussion was held, in the municipal newspaper of each local authority situated in the planning area, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed comprehensive plan and its strategic environmental assessment report.

§ 85.  Submission for approval of a proposed comprehensive plan and of tis strategic environmental assessment report and invitation to present opinions concerning the proposed plan and report

 (1) The proposed comprehensive plan and its strategic environmental assessment report are submitted for approval to the persons and authorities mentioned in subsection 1 of § 76 of this Act; the persons and authorities mentioned in subsection 2 of § 76 of this Act are notified of the opportunity to present their opinion regarding the proposed plan and report.

 (2) If the authority or person to whom a proposed comprehensive plan and its strategic environmental assessment report were submitted for approval or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to approve the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a proposed comprehensive plan and proposed strategic environmental assessment report were submitted for approval does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been approved. When deciding whether to approve the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 86.  Acceptance of a comprehensive plan and of its strategic environmental assessment report

 (1) When the results of the strategic environmental assessment report are incorporated into a comprehensive plan, the council of the local authority passes a resolution on accepting the plan.

 (2) By passing a resolution to accept a comprehensive plan, the council of the local authority confirms that the plan is in conformity with the relevant legislation and has been prepared in conformity to the spatial development objectives of the city or rural municipality. The council also confirms that the results of strategic environmental assessment have been taken into account in the preparation of the plan.

§ 87.  Public display of a comprehensive plan

 (1) After it has accepted a comprehensive plan and its strategic environmental assessment report, the authority arranging the preparation of the plan arranges its public display. The display is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement. In cities with city districts, the public display is held in the main business centre of the city district.

 (2) During the time of public display of a comprehensive plan, everyone has a right to present opinions concerning the plan.

 (3) A comprehensive plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any approvals and opinions received in accordance with subsection 1 of § 85 of this Act regarding the plan are also made public.

 (4) The duration of public display of a comprehensive plan is at least 30 days.

 (5) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public display of a comprehensive plan at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

 (6) The time and place of public display of a comprehensive plan are announced, at the latest 14 days before the commencement of the public display, in the municipal newspaper of each local authority situated in the planning area, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where the local authority has no municipal newspaper or where announcement at least 14 days before the public display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement of the public display and public discussion is disseminated on the website of the authority arranging the preparation of the plan.

 (7) The announcement mentioned in subsection 6 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the comprehensive plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in the preparation of the plan;
 3) state any major changes emanating from the plan in comparison with the existing situation.

 (8) During the time the comprehensive plan is on public display, everyone is to have access, during the office hours of the executive of the city or rural municipality, to any material and information that is related to the plan and that the executive has at its disposal.

 (9) Within 30 days following the end of public display of a comprehensive plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 88.  Public discussion of the results of public display of a comprehensive plan

 (1) A public discussion of the results of public display of a comprehensive plan is held within 45 days following the end of the display. The public discussion is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement. In cities with city districts, the discussion is held in the main business centre of the city district.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the comprehensive plan during the time the plan was on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public discussion of a comprehensive plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (4) At the public discussion, the authority arranging the preparation of the comprehensive plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the plan and responds to other questions regarding the plan.

 (5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the comprehensive plan in a form reproducible in writing.

§ 89.  Consideration of the results of public display and public discussion of a comprehensive plan

 (1) If written opinions are received during the public display of a comprehensive plan, information concerning the results of public display and public discussion is published in the municipal newspaper of each local authority situated in the planning area, as well as in the county newspaper or in a newspaper of nation-wide circulation which the local authority has selected for the publication of the official announcements of the city or rural municipality within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the comprehensive plan.

 (3) If the modifications made based on the results of public display and public discussion alter the principal solutions of a comprehensive plan or necessitate significant changes in its strategic environmental assessment report, the plan and the report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall. Also, the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of comprehensive plans and strategic environmental assessment reports.

§ 90.  Ratification of a comprehensive plan

 (1) A comprehensive plan is submitted for ratification to the Minister in charge of the policy sector. Any opinions that were submitted in writing during the public display and that were not taken into account in the preparation of the plan are submitted – together with the plan and with a reasoned position concerning refusal to take those opinions into account – of the authority that arranged preparation of the plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (2) Within 60 days following submission of a comprehensive plan, the Minister in charge of the policy sector or the official authorised by the minister ratifies the plan or refuses to ratify it. Where this is warranted by the circumstances, the time limit may be extended to 90 days.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (3) When deciding on ratification of a comprehensive plan, the Minister in charge of the policy sector or an official authorised by the Minister:
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]
 1) verifies the conformity of strategic environmental assessment proceedings and of the comprehensive plan to the relevant legislation, to the relevant county-wide spatial plan and to relevant national designated spatial plans;
 2) hears the views of the persons who presented written opinions when the plan was displayed to the public and whose opinions were not taken into account in the preparation of the plan, and the views of the authority that arranged the preparation of the plan;
 3) in the case of a comprehensive plan that includes a proposal to modify the county-wide spatial plan, grants or refuses their consent for the latter’s modification.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (4) If the persons mentioned in clause 2 of subsection 3 of this section do not reach an agreement, the Minister in charge of the policy sector or an official authorised by the Minister transmits to them, within 30 days following hearing their views, the Minister’s written opinion concerning the opinions that were not taken into account.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (5) Where the Minister in charge of the policy sector or an official authorised by the Minister refuses to ratify a comprehensive plan, they present to the authority that arranged the preparation of the plan their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 3 of this section that constitute the grounds for refusing to ratify the plan. Where warranted by the circumstances, the Minister, or the official, may propose a partial adoption of the comprehensive plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (6) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (7) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 91.  Adopting a comprehensive plan

 (1) A comprehensive plan that has been ratified by the Minister in charge of the policy sector or by an official authorised by the Minister is adopted by a resolution of the council of the local authority.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (2) A notice concerning adoption of a comprehensive plan is published within 30 days following such adoption in the municipal newspaper of each local authority situated in the planning area, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the notice is published in such a newspaper at the earliest opportunity, and the adoption of the plan is also announced within 30 days in the county newspaper. Where the local authority has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following adoption. The notice of adoption of a comprehensive plan is published in the Official Announcements and is disseminated on the website of the authority arranging the preparation of the comprehensive plan within 14 days following adoption.

 (3) The authority arranging the preparation of a comprehensive plan notifies the adoption of the plan, and transmits the adopted plan, to the Ministry of Finance and to the Registrar of the National Land Cadastre within 30 days following the adoption of the plan. Together with the plan, the authority transmits to the Registrar, in a machine-readable format, the data concerning the land use and building conditions and restrictions that have become effective as a result of the adoption of the plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (4) When giving notification of the adoption of a comprehensive plan, a brief overview must be provided of the substance of the plan, including an overview of the spatial development objectives of the city or rural municipality and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

 (5) Within 14 days following the day on which the decision to adopt a comprehensive plan was taken, the authority that arranged preparation of the plan notifies the adoption of the plan to:
 1) the persons who presented written opinions during the public display of the plan and whose opinions were not taken into account when adopting the plan;
 2) the owners of immovables whose immovables or parts of whose immovables need to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan;
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]
 3) the owners of immovables on whose immovables a temporary building or planning ban was imposed in the course of the preparation of the plan;
 4) the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act.

 (6) If a comprehensive plan contains a proposal to modify the county-wide spatial plan, and the Minister in charge of the policy sector or an official authorised by the Minister has consented to the proposal, the modification is made in the county-wide spatial plan within 30 days following the adoption of the comprehensive plan. When the modifications are made, a note must be appended to the county-wide spatial plan stating the extent to which the plan has been modified or, where this is technically possible, enter the modifications emanating from the comprehensive plan on the map and in the explanatory memorandum of the county-wide spatial plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

§ 92.  Obligation to review a comprehensive plan

 (1) The council of the local authority reviews a comprehensive plan once every five years. The council submits an overview of the findings of the review to the Minister in charge of the policy sector within six months following completion of the review.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) A review of a comprehensive plan must ascertain and consider:
 1) the results of developments based on the plan and the possibilities for further implementation of the plan;
 2) the conformity of the plan to the aims of this Act;
 3) any significant economic, social and cultural impact, and impact on the natural environment, to result from implementation of the plan and the conditions for reducing significant negative impacts;
 4) the need to incorporate in the plan modifications emanating from other spatial plans and from legislation;
 5) the detailed spatial plans in effect, in order to ensure their conformity to the comprehensive plan and, where necessary, to open proceedings to modify or repeal them;
 6) any other significant issues related to implementation of the plan.

§ 93.  Repealing or modifying a comprehensive plan

 (1) In order to repeal a comprehensive plan, a new comprehensive plan that deals with the same planning area or the same planning theme must be prepared, following the requirements established in this Act concerning the preparation of comprehensive plans.

 (2) A comprehensive plan may be modified by preparing a spatial plan in respect of a part of the planning area or a thematic spatial plan, following the requirements established in this Act concerning the preparation of comprehensive plans. Any spatial plan to modify a comprehensive plan is prepared in cooperation with the executive authorities in whose area of government the matters dealt with by the modifications fall and with the persons whose rights or interests the modifications may affect, as well as the non-profit associations and foundations that represent the residents of the planning area, inviting those authorities, persons, associations and foundations to participate in the preparation of the plan.

 (2¹) By agreement between several local authorities, a comprehensive plan envisaged in respect of the territory or several rural municipalities or cities may be prepared as a thematic spatial plan in order to implement the development strategy of the county.
[RT I, 04.07.2017, 2 – entry into force 01.01.2018]

 (3) When a thematic spatial plan mentioned in subsections 2 and 2¹ of this section is adopted, any modifications made by that plan are incorporated in a previously adopted comprehensive plan within 30 days following adoption of the thematic spatial plan. When incorporating the modifications into the previously adopted comprehensive plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, the modifications emanating from the thematic plan must be incorporated into the map and the explanatory memorandum of the comprehensive plan.
[RT I, 04.07.2017, 2 – entry into force 01.01.2018]

 (4) In order to bring a comprehensive plan into conformity with legislation that has been amended or adopted after the adoption of the plan or with a court judgment that has entered into effect after the adoption of the plan, the authority that arranged the preparation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the adoption of comprehensive plans.

 (5) When modifying a comprehensive plan by means of a spatial plan dealing with a part of the planning area or by means of a thematic spatial plan mentioned in subsections 2 and 2¹ of this section, it must be ensured that the overall solution of the comprehensive plan as modified remains capable of implementation.
[RT I, 04.07.2017, 2 – entry into force 01.01.2018]

§ 94.  Contestation of comprehensive plans

  Anyone who finds that the decision by which a comprehensive plan is adopted is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the adoption of the plan.

Chapter 7 Local Authority Designated Spatial Plan 

§ 95.  Local authority designated spatial plans and the authority that arranges the preparation of such plans

 (1) A local designated spatial plan is prepared in order to erect a construction work that has a significant spatial impact and whose location has not been determined in the comprehensive plan.

 (2) The list of construction works that have a significant spatial impact is adopted by regulation of the Government of the Republic.

 (3) The local designated spatial plan is prepared in respect of the territory of the local authority or a part of such territory.

 (4) On the basis of a local designated spatial plan, restrictions may be imposed on immovable property.

 (5) Strategic environmental assessment is mandatory when preparing a local designated spatial plan.

 (6) The authority that arranges the preparation of local designated spatial plans is the local authority.

 (7) The procedure for the preparation of a local designated spatial plan consists of pre-selecting a location for the construction work, with the purpose of finding the most suitable location for that construction work, and of the proceedings to prepare the corresponding detailed solution.

 (8) The local designated spatial plan forms the basis for preparing the corresponding building design documentation.

 (8¹) A local designated spatial plan may propose modifications to the county-wide spatial plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (9) During the preparation of a local designated spatial plan, the plan is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and any other relevant information.

§ 96.  Initiating the preparation of a local designated spatial plan and of its strategic environmental assessment

 (1) The preparation of a local designated spatial plan and of its strategic environmental assessment is initiated by a resolution of the council of the local authority.

 (2) Initiation of the preparation of a local designated spatial plan and of its strategic environmental assessment is forgone above all where:
 1) it is obvious that the purpose of the plan to be initiated is contrary to the comprehensive plan;
 2) it is evident that future implementation of the plan to be initiated is impossible;
 3) this is dictated by other reasons based on overriding public interest or
 4) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (3) A resolution on initiating or refusing to initiate the preparation of a local designated spatial plan and its strategic environmental assessment is passed within 30 days following reception of an application seeking initiation of the preparation of the plan. Where valid reasons are present, above all those emanating from the size of the planning area, from the need to conduct surveys or investigations, from ascertainment of the facts prerequisite to the conclusion of a contract to assign the obligation to bear the costs connected to the commisioning of the preparation of the plan, or from a large number of the parties to be invited to participate or cooperate, the above-mentioned time limit may be extended to 90 days.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (3¹) When the authority to arrange the preparation of a local designated spatial plan receives an application to initiate such a plan in order to construct a wind farm that falls within the list of construction works having a significant spatial impact, the authority notifies the public of the substance of the application and – where several parties may be presumed to have an interest in filing an equivalent application – of the possibility of filing such an application. The notification is published in the newspaper of the city or the rural municipality, and also in the county newspaper or a newspaper of nation-wide circulation that the local authority has designated as the place of publication of official announcements of the city or rural municipality. A supplementary application may be filed within 30 days following publication of the notification.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4) A resolution to initiate the preparation of a local designated spatial plan and its strategic environmental assessment states:
 1) the location and size of the planning area, including its boundaries, as envisaged at the initiation;
 2) the purpose of the preparation of the plan;
 3) the purpose of use of the envisaged construction work and the description of the related activity;
 4) the time when and place where persons can acquaint themselves with the resolution on initiation.

 (5) Initiation of the preparation of a local designated spatial plan and of its strategic environmental assessment is announced within 30 days following such initiation in the municipal newspaper of the city or rural municipality, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the announcement is published in such a newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the local authority does not have a municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

 (6) A notice concerning initiation of the preparation of a local designated spatial plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging the preparation of the plan within 14 days following initiation. The notice must include the particulars mentioned in subsection 4 of this section.

 (7) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of initiation of the preparation of a local designated spatial plan and of its strategic environmental assessment within 30 days following initiation.

§ 97.  Termination of the preparation of a local designated spatial plan and of its strategic environmental assessment

 (1) The authority arranging the preparation of a local designated spatial plan may terminate the preparation of the plan and its strategic environmental assessment above all in cases where:
 1) in the course of the preparation, circumstances are revealed that render future implementation of the plan impossible,
 2) the purpose of the preparation of the plan is modified in the course of the preparation, or
 3) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (2) Announcement and notification of the termination of the preparation of a local designated spatial plan and of its strategic environmental assessment and of the reasons for the termination is made following the requirements established in subsections 5 and 7 of § 96 of this Act concerning announcement and notification of the initiation of the preparation of local designated spatial plans and of their strategic environmental assessment. The announcement concerning termination of the preparation of the plan and of its strategic environmental assessment and of the reasons for the termination is also disseminated on the website of the authority that arranged the preparation of the plan within 14 days following the termination.

§ 98.  Pre-selecting a location when preparing a local designated spatial plan

 (1) Following initiation of the preparation of a local designated spatial plan and of its strategic environmental assessment, a suitable location is pre-selected for the construction work envisaged by the plan, which then forms the basis for preparing a detailed solution for the plan.

 (2) When pre-selecting a location for a local designated spatial plan, several alternative options must be considered.

§ 99.  Cooperation and invitation to participate in pre-selecting a location for a local designated spatial plan

 (1) Pre-selection of a location for a local designated spatial plan is carried out in cooperation with the executive authorities in whose area of government the issues addressed by the plan fall.

 (2) The Minister in charge of the policy sector and any persons whose rights a local designated spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in pre-selecting location for such a plan, and any persons or authorities that may have a legitimate interest in the resulting significant environmental impact that may be presumed to be triggered by, or in the implementation of, the plan – including, through an organisation that unites them, environmental non-governmental organisations – are invited to participate in pre-selecting a location for the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a local designated spatial plan may affect may be invited to participate in pre-selecting a location for such a plan. If the authority arranging the preparation of the plan invites a person mentioned in this subsection to participate in the pre-selection, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a local designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (6) During the process of pre-selecting a location for a local designated spatial plan, the plan – together with its material annexes, which primarily include any investigations, approvals, opinions and other current information – is disseminated through the website of the authority arranging its preparation.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 100.  Public display of initial positions for pre-selecting a location for a local designated spatial plan and of its strategic environmental assessment programme

 (1) The authority arranging the preparation of a local designated spatial plan arranges public display of initial positions for pre-selecting a location for the plan and of its strategic environmental assessment programme. The public display is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

 (2) During the time of public display of initial positions for pre-selecting a location for a local designated spatial plan and of its strategic environmental assessment programme, everyone has a right to present opinions concerning the initial positions and the programme.

 (3) The duration of public display of the initial positions for pre-selecting a location for a local designated spatial plan and of its strategic environmental assessment programme is at least 60 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the public display of initial positions for pre-selecting a location for a local designated spatial plan and of its strategic environmental assessment programme at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of initial positions for pre-selecting a location for a local designated spatial plan and of its strategic environmental assessment programme are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the display. The announcement concerning the public display and public discussion is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location of the planning area;
 2) state the purpose of the preparation of the local designated spatial plan;
 3) state the purpose of use of the envisaged construction work and describe the related activity.

 (7) During the time that initial positions for pre-selecting a location for a local designated spatial plan and the strategic environmental assessment programme for such a plan are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the initial positions concerning the pre-selection and to the programme.

 (8) Within 30 days following the end of public display of initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 101.  Public discussion of the results of public display of initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan

 (1) A public discussion of the results of public display of initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan is held within 45 days following the end of the public display. The public discussion is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the public discussion of the initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (3) At the public discussion, the authority arranging the preparation of a local designated spatial plan introduces to participants the initial positions for pre-selecting a location for a local designated spatial plan and the strategic environmental assessment programme for the plan. The authority also introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the initial positions concerning the pre-selection and for the aims and activities related to the envisaged construction work, and responds to other questions regarding the initial positions concerning the pre-selection and the programme.

 (4) Any person who presented a written opinion during a public display of a local designated spatial plan may withdraw that opinion by notifying the withdrawal, in a form reproducible in writing, to the authority arranging the preparation of the plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 102.  Consideration of results of public display and public discussion of initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan

 (1) If written opinions are presented during public display of initial positions for pre-selecting a location for a local designated spatial plan and of the strategic environmental assessment programme for such a plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the initial positions for pre-selecting a location for a local designated spatial plan and to the strategic environmental assessment programme of the plan.

§ 103.  Invitation to present proposals regarding initial positions for pre-selecting a location, and the strategic environmental assessment programme, for a local designated spatial plan

 (1) The authority arranging the preparation of a local designated spatial plan transmits the initial positions, and the strategic environmental assessment programme, for the plan to the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act, inviting those persons and authorities to present proposals in regard to these documents, and sets a time limit that may not be shorter than 30 days for presentation of the proposals.

 (2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act present their proposals regarding the initial positions of a local designated spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of the programme, and indicate what they consider, among the alternative locations proposed in the initial positions for the plan, to be the most suitable for the building of the envisaged construction work, or propose an alternative location for the building of the construction work.

 (3) The Minister in charge of the policy sector or an official authorised by the Minister has a right to designate, in addition to those named in the initial position, other persons and authorities in cooperation with whom a local designated spatial plan is to be prepared or who are to be invited to participate in the preparation of such a plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (4) If a person or authority mentioned in subsections 1 and 2 of § 99 of this Act has not presented any proposals within the set time limit, the person or authority is deemed to have declined to present proposals regarding initial positions for the local designated spatial plan and its strategic environmental assessment programme.

 (5) The authority arranging the preparation of a local designated spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions of the plan and in its strategic environmental assessment programme.

 (6) The initial positions of a local designated spatial plan and of its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act, are disseminated on the website of the authority arranging the preparation of the plan.

§ 104.  Report concerning the first stage of strategic environmental assessment of a local designated spatial plan

 (1) In the course of pre-selection of a location for a local designated spatial plan, the authority arranging the preparation of the plan prepares a report concerning the first stage of strategic environmental assessment of the plan.

 (2) The report concerning the first stage of strategic environmental assessment must state the particulars mentioned in subsections 4 and 4² of § 40 of the Environmental Impact Assessment and Environmental Management System Act.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) [Repealed – RT I, 03.01.2022, 1 – entry into force 13.01.2022]

§ 105.  Submission for approval of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment; invitation to present opinions regarding the proposed resolution and the report

 (1) A proposed resolution on pre-selecting a location for a local designated spatial plan together with the report concerning the first stage of strategic environmental assessment is submitted for approval to the persons and authorities mentioned in subsection 1 of § 99 of this Act; the persons and authorities mentioned in subsection 2 of § 99 of this Act are notified of the opportunity to present their opinion regarding the proposed resolution and the report.

 (2) If the authority or person to whom a proposed resolution on pre-selecting a location for a local designated spatial plan and the report concerning the first stage of strategic environmental assessment was submitted for approval, or who was invited to present an opinion regarding the proposed resolution and report, has not, within 30 days of receiving the proposed resolution and report, refused to approve these or presented an opinion or applied for extension of the time limit, the proposed resolution and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

 (3) Based on the approvals and opinions received, the necessary modifications are made to the proposed resolution on pre-selecting a location for a local designated spatial plan and the report concerning the first stage of strategic environmental assessment.

§ 106.  Public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) The authority arranging the preparation of a local designated spatial plan arranges public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment. The public display is held at least in the major population centre of each local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

 (2) During the time of public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment, everyone has a right to present opinions concerning the proposed resolution and report.

 (3) The duration of the public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the public display. The notification states the time and place of the public display and the particulars required under subsection 6 of this section.

 (5) The time and place of public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment are announced in a newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality situated in the planning area or, in the case of cities with city districts, in the municipal newspaper of the city district 14 days before the commencement of the public display. Where the local authority has no municipal newspaper or where announcement at least 14 days before public display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement of the public display and public discussion is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 5 of this section must:
 1) state the purpose of the preparation of the local designated spatial plan;
 2) disclose the location of the planning area, including the boundaries of any alternative planning areas, and the size of the planning area;
 3) state the purpose of use of the envisaged construction work and describe the related activity and the significant environmental impact likely to be produced.

 (7) During the time a proposed resolution on pre-selecting a location for a local designated spatial plan and the report concerning the first stage of strategic environmental assessment are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the proposed resolution and report.

 (8) Within 30 days following the end of public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the period of public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 107.  Public discussion of the results of public display of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) A public discussion of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment is held within 45 days following the end of the public display. The discussion is held at least in the major population centre of the local authority situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of a public discussion of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

 (3) At a public discussion, the authority arranging the preparation of a local designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of a proposed resolution on pre-selecting a location for the plan, for the activities and objectives related to the envisaged construction work, and responds to other questions regarding the proposed resolution and report.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the local designated spatial plan in a form reproducible in writing.

§ 108.  Consideration of the results of public display and public discussion of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) Information concerning the results of public display and public discussion of a proposed resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed resolution on pre-selecting a location for a local designated spatial plan and to the report concerning the first stage of strategic environmental assessment.

 (3) If the modifications made based on the results of public display and public discussion alter the principal solution on pre-selecting a location for a local designated spatial plan or necessitate significant changes in the report concerning the first stage of its strategic environmental assessment, the proposed resolution and report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of the proposed resolution and report.

§ 109.  Acceptance of a resolution on pre-selecting a location for a local designated spatial plan and of the report concerning the first stage of strategic environmental assessment

 (1) After the modifications mentioned in subsection 2 of § 108 of this Act have been made to a proposed resolution on pre-selecting a location for a local designated spatial plan and to the report concerning the first stage of strategic environmental assessment, the council of the local authority adopts a resolution by which it accepts, or refuses to accept, the resolution and the report.

 (2) By resolving to accept the pre-selection of a location, the council of the local authority confirms that the selected location is the most suitable for the building of the construction work envisaged in the local designated spatial plan and that the location of the construction work, the general conditions of its building, the pre-selection of its location, the resolution concerning the pre-selection and the report concerning the first stage of strategic environmental assessment are in conformity with relevant legislation and that the information contained in the report concerning the first stage of strategic environmental assessment is sufficient for making the choice between the different locations under consideration.

 (3) Having regard to § 110 of this Act, a resolution to adopt the pre-selection of a location may include a temporary ban on planning and building work in the planning area or part thereof.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the acceptance of a resolution on pre-selecting a location within 30 days following acceptance of that resolution. Within 14 days following acceptance of the resolution, an announcement concerning its acceptance is published in the Official Announcements and disseminated on the website of the local authority.

§ 110.  Imposition of temporary ban on planning and building work when preparing a detailed solution for the local designated spatial plan

 (1) The authority arranging the preparation of a local designated spatial plan may impose, for the duration of the preparation of a detailed solution for the plan, a ban on planning and building work in the planning area or a part thereof if the detailed solution envisages alterations in the building rights originally granted in the planning area.

 (2) During a temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:
 1) the adoption of comprehensive plans or of detailed spatial plans;
 2) the issuing of building permits for the building of construction works;
 3) the issuing of design specifications;
 4) changing the existing intended purpose of the cadastral unit.

 (3) A temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

 (4) A temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the submission of a building notice or the existence of a building permit is not required.

 (5) The authority arranging the preparation of a local designated spatial plan notifies, by way of registered letter, the owner of any registered immovable in respect of which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

 (6) The authority arranging the preparation of a local designated spatial plan imposes a temporary ban on planning and building work by an order and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any registered immovable subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 111.  Tasks to be fulfilled by a detailed solution for a local designated spatial plan

 (1) After having approved a resolution on pre-selecting a location, a detailed solution is prepared for a local designated spatial plan, which determines the building rights of the envisaged construction work and fulfils the relevant tasks listed in subsection 1 of § 126 of this Act. In assessing the relevance of the tasks, the purpose of the plan and the specific character of the construction work envisaged in the plan are taken into account.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (2) If, during the preparation of a detailed solution for a local designated spatial plan, it becomes known that the plan may entail the need to subject an immovable or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging the preparation of the plan notifies this, by way of registered letter, to the owner of the immovable within seven days following the date on which the need to subject that immovable to acquisition in the public interest or to compulsory possession became known.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

§ 112.  Cooperation and invitation to participate in the preparation of a detailed solution for a local designated spatial plan

 (1) The preparation of a detailed solution for a local designated spatial plan is carried out in cooperation with the executive authorities in whose area of government the issues addressed by the solution fall.

 (2) Any persons whose rights a local designated spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in the preparation of a detailed solution for such a plan, and persons and authorities that may have a legitimate interest in the implementation of the plan or in the significant environmental impact that may be presumed to result from its implementation, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are invited to participate in the preparation of the detailed solution.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a local designated spatial plan may affect may be invited to participate in the preparation of a detailed solution for the plan. If the authority arranging the preparation of the plan invites a person mentioned in this subsection to participate in the preparation of the detailed solution, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a local designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of a detailed solution for the local spatial plan, the solution is disseminated on the website of the local authority together with its significant annexes, above all surveys, approvals, opinions and any other relevant information.

§ 113.  Public display of a proposed detailed solution for a local designated spatial plan and of strategic environmental assessment report

 (1) The authority arranging the preparation of a local designated spatial plan arranges public display of a proposed detailed solution that is prepared on the basis of the resolution concerning pre-selection of location and the strategic environmental assessment report. The public display is held at least:
 1) in the major population centre of the rural municipality in whose territory the planning area is situated or in the main business centre of the settlements located within the planning area;
 2) in the main business centre of the city or city district in whose territory the planning area is situated.

 (2) During the time of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report, everyone has a right to present opinions concerning the proposed detailed solution and report.

 (3) The duration of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report is at least 30 days.

 (4) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 5 of this section.

 (5) The time and place of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated and in the Official Announcements at the latest 14 days before the commencement of the display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the display. The announcement of public display and public discussion of the proposed detailed solution for the plan and of its strategic environmental assessment report is disseminated on the website of the authority arranging the preparation of the plan.

 (6) The announcement mentioned in subsection 4 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the detailed solution for the local designated spatial plan and any significant impact that may be presumed to result from implementation of the plan, including any major changes envisaged in comparison with the existing situation;
 3) state the purpose of use of the envisaged construction work and describe the related activity.

 (7) During the time a proposed detailed solution for a local designated spatial plan and its strategic environmental assessment report are on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the proposed detailed solution and report.

 (8) Within 30 days following the end of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 114.  Public discussion of the results of public display of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report

 (1) A public discussion of a proposed detailed solution for a local designated spatial plan and of its strategic environmental assessment report is held within 45 days following the end of public display. The public discussion is arranged at least:
 1) in the main population centre of the rural municipality in whose territory the planning area is situated or in the main business centre of the settlements located within the planning area;
 2) in the main business centre of the city or city district in whose territory the planning area is situated.

 (2) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of a public discussion of a proposed detailed solution for a local designated spatial plan and of the plan’s strategic environmental assessment report at least 14 days before commencement of the discussion. The notification states the time and place of the discussion.

 (3) At the public discussion, the authority arranging the preparation of a local designated spatial plan introduces to participants any written opinions received during public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of a detailed solution for the plan, for the activities and objectives related to envisaged construction work, and responds to other questions regarding the proposed detailed solution and strategic environmental assessment report.

 (4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the local designated spatial plan in a form reproducible in writing.

§ 115.  Consideration of the results of public display and public discussion of a proposed detailed solution for a local designated spatial plan and of the plan’s strategic environmental assessment report

 (1) If written opinions were presented during public display of a proposed detailed solution for a local designated spatial plan and of the plan’s strategic environmental assessment report, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed detailed solution for the local designated spatial plan and to the plan’s strategic environmental assessment report.

§ 116.  Submission for approval of a proposed detailed solution for a local designated spatial plan and of the plan’s strategic environmental assessment report and invitation to present opinions regarding the proposed detailed solution and report

 (1) A proposed detailed solution for a local designated spatial plan and the plan’s strategic environmental assessment report is submitted for approval to the persons and authorities mentioned in subsection 1 of § 112 of this Act; the persons and authorities mentioned in subsection 2 of § 112 of this Act are notified of the opportunity to present their opinion regarding the proposed detailed solution and report.

 (2) If the authority or person to whom a proposed detailed solution for a local designated spatial plan and the plan’s strategic environmental assessment report was submitted for approval, or who was invited to present an opinion regarding the proposed detailed solution and report, has not, within 30 days of receiving the proposed detailed solution and report, refused to approve these or presented an opinion or applied for extension of the time limit, the proposed detailed solution and report are deemed to have been tacitly approved by the authority or person to whom they were submitted for approval, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a proposed detailed solution for a local designated spatial plan and the plan’s strategic environmental assessment report were submitted for approval does not indicate that the proposed detailed solution or report is contrary to legislation or to the comprehensive plan, the proposed detailed solution is deemed to have been approved. When deciding whether to approve the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 117.  Acceptance of a local designated spatial plan

 (1) When the results of the strategic environmental assessment report are incorporated in a local designated spatial plan, the council of the local authority passes a resolution on accepting the plan.

 (2) By resolving to accept a local designated spatial plan, the authority arranging the preparation of the plan confirms that the plan is in conformity with the relevant legislation and that the results of strategic environmental assessment have been taken into account in the preparation of the plan.

§ 118.  Public display of a local designated spatial plan

 (1) After it has accepted a local designated spatial plan, the authority arranging the preparation of the plan arranges its public display.

 (2) During the time of public display of a local designated spatial plan, everyone has a right to present opinions concerning the plan.

 (3) A local designated spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons for the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any approvals and opinions received in accordance with subsection 1 of § 116 of this Act regarding the plan are also made public.

 (4) The duration of public display of a local designated spatial plan is at least 30 days.

 (5) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of public display of a local designated spatial plan at least 14 days before the commencement of the public display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

 (6) The time and place of public display of a local designated spatial plan are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated and in Official Announcements at the latest 14 days before commencement of the display. Where the local authority has no municipal newspaper or where announcement at least 14 days before the display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the display. The announcement concerning public display is disseminated on the website of the authority arranging the preparation of the plan.

 (7) The announcement mentioned in subsection 5 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the local designated spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in the preparation of the plan;
 3) state the major changes emanating from the plan in comparison with the existing situation.

 (8) During the time a local designated spatial plan is on public display, everyone is to have access, during the office hours of the authority arranging the preparation of the plan, to any material and information that is related to the plan and that the authority has at its disposal.

 (9) In a situation mentioned in subsection 3 of § 120 of this Act, when a repeat public display is arranged, opinions may be presented only with regard to modifications to a local designated spatial plan that seek to alter the plan’s principal solution and that have been made after the previous public display.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (10) Within 30 days following the end of the public display of a local designated spatial plan, the authority arranging the preparation of the plan communicates to any persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 119.  Public discussion of the results of public display of a local designated spatial plan

 (1) The authority arranging the preparation of a local designated spatial plan arranges a public discussion of the results of public display of the plan within 45 days following the end of the display. The public discussion is held at least:
 1) in the main population centre of the rural municipality in whose territory the planning area is situated or in the main venue of the settlements located within the planning area;
 2) in the main business centre of the city or city district in whose territory the planning area is situated.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the local designated spatial plan during the time it was on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of a public discussion of a local designated spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

 (4) At a public discussion, the authority arranging the preparation of a local designated spatial plan introduces to participants any written opinions received during public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the plan, and responds to other questions regarding the plan.

 (5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the local designated spatial plan in a form reproducible in writing.

§ 120.  Consideration of the results of public display and public discussion of a local designated spatial plan

 (1) If written opinions were presented during the public display of a local designated spatial plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (2) Based on the results of public display and public discussion, the necessary modifications are made to a local designated spatial plan.

 (3) If the modifications made based on the results of public display and public discussion alter the principal solution of a local designated spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of the plan and the report.

§ 121.  Ratification of a local designated spatial plan

 (1) A local designated spatial plan is presented for ratification to the Ministry of Finance. The opinions that were presented in writing during public display and that were not taken into account in the preparation of the plan are presented together with the plan and with a reasoned position, of the authority that arranged the preparation of the plan, concerning its refusal to take those opinions into account.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (2) Within 60 days following presentation of a local designated spatial plan, the Minister in charge of the policy sector or an official authorised by the Minister ratifies the plan or refuses to ratify it. Where this is warranted by the circumstances, that time limit may be extended to 90 days.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (3) When deciding on the ratification of a local designated spatial plan, the Minister in charge of the policy sector or an official authorised by the Minister:
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]
 1) verifies the conformity of the plan and the environmental assessment proceedings to the relevant legislation and to the relevant county-wide spatial plan;
 2) hears the views of the persons who presented written opinions when the plan was displayed to the public and whose opinions were not taken into account in the preparation of the plan, and the views of the authority that arranged the preparation of the plan;
 3) in the case of a spatial plan that contains a proposal to modify a county-wide spatial plan, grants or refuses their consent to modifying the county-wide spatial plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (4) If the persons mentioned in clause 2 of subsection 3 of this section do not reach an agreement, the Minister in charge of the policy sector or an official authorised by the Minister transmits to them, within 30 days following the hearing of their views, the Minister’s written opinion concerning the opinions that were not taken into account.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (5) Where the Minister in charge of the policy sector or an official authorised by the Minister refuses to ratify a local designated spatial plan, they present to the authority that arranged the preparation of the plan their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 3 of this section that constitute the grounds for refusing to ratify the plan. Where warranted by the circumstances, the Minister or the official may propose a partial adoption of the plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (6) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018]

§ 122.  Adopting a local designated spatial plan

 (1) A local designated spatial plan that has been ratified by the Minister in charge of the policy sector or by an official authorised by the Minister is adopted by a resolution of the council of the local authority.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (2) The adoption of a local designated spatial plan suspends the validity of any previously adopted local designated spatial plan or detailed spatial plan or part thereof in respect of the planning area. In the area covered by a spatial plan whose validity has been suspended, the local designated spatial plan replaces such a plan.

 (3) The location of a construction work that is envisaged in a local designated spatial plan is incorporated into a previously adopted comprehensive plan within 30 days following adoption of the local designated spatial plan. When making the modifications to the earlier spatial plan, a reference to the fact that a construction work that is envisaged in the designated spatial plan is located in the corresponding land area must be included in the comprehensive plan or, where this is technically possible, the changes emanating from the designated spatial plan must be shown on the map of the comprehensive plan and in its explanatory memorandum.

 (4) A local designated spatial plan expires if its implementation has not commenced within five years following adoption.

 (5) In order to bring a local designated spatial plan into conformity with legislation that has been amended or that has entered into force after the adoption of the plan or with a judgment that has entered into effect after the adoption of the plan, the authority that arranged the preparation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the adoption of local designated spatial plans.

 (6) A notice concerning adoption of a local designated spatial plan is published within 30 days following such adoption in at least one newspaper of nation-wide circulation and in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and the announcement concerning adoption of the plan is also published in the county newspaper within 30 days following adoption. Where the local authority has no municipal newspaper, the notice of adoption of the plan is published in the newspaper of the county in whose territory the planning area is situated within 30 days following adoption. The notice is also published – within 14 days following adoption – in the Official Announcements as well as on the website of the authority that arranged the preparation of the plan.

 (7) The authority arranging the preparation of a local designated spatial plan notifies the adoption of a local designated spatial plan, and transmits the plan that has been adopted, to the Minister in charge of the policy sector and to the Registrar of the National Land Cadastre within 30 days following the day of adoption of the plan. Together with the plan, the authority transmits to the Registrar, in machine-readable format, the data concerning the land use and building conditions and restrictions that have become effective as a result of the plan’s adoption.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (8) When giving notification of the adoption of a local designated spatial plan, a brief overview must be provided of the substance of the plan, including an overview of likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

 (9) Within 14 days following adoption of a local designated spatial plan, the authority that arranged the preparation of the plan notifies the adoption of the plan to the persons and authorities mentioned in subsections 1 and 2 of § 99 and subsections 1 and 2 of § 112 of this Act. Notification is also made to the owners of any immovables whose immovables or parts of whose immovables need to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

 (10) Where a local designated spatial plan contains a proposal to modify the county-wide spatial plan and the Minister in charge of the policy sector or an official authorised by the Minister has consented to the proposal, the modifications are incorporated in the county-wide spatial plan within 30 days following adoption of the local designated spatial plan. When incorporating the modifications into the county-wide spatial plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, the modifications must be shown on the map and in the plan’s explanatory memorandum.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

§ 123.  Contesting a local designated spatial plan

  Anyone who finds that the decision by which a local designated spatial plan is adopted is contrary to public interest or infringes their rights or intereferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the adoption of the plan.

Chapter 8 Detailed Spatial Plan 

§ 124.  Detailed spatial plans and the authority that arranges the preparation of such plans

 (1) A detailed spatial plan is prepared in respect of a part of the territory of a local authority and, where necessary, to plan construction works that have a permanent connection to the shore or that are functionally connected to the shore.

 (2) The purpose of a detailed spatial plan is, above all, to implement the comprehensive plan and to create an inclusive spatial solution for the planning area. A detailed spatial plan forms the basis for the building work to be conducted in the near future.

 (3) On the basis of a detailed spatial plan, restrictions may be imposed on immovable property.

 (4) Where a detailed spatial plan exists or where the preparation of a detailed spatial plan is mandatory, such a plan forms the basis for the preparation of building design documentation.

 (5) Strategic environmental assessment is mandatory when preparing a detailed spatial plan if the plan forms the basis for any of the activities listed in subsection 1 of § 6 of the Environmental Impact Assessment and Environmental Management System Act.

 (6) When preparing a detailed spatial plan mentioned in clause 4 of subsection 1 of § 125 and in § 142 of this Act, as well as a plan of the same type that is mentioned in clause 4 of subsection 2 of § 33 of the Environmental Impact Assessment and Environmental Management System Act, a preliminary assessment must be made and strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the latter Act and the positions of the authorities relevant under subsection 6 of that section.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (7) In situations where strategic environmental assessment is mandatory when preparing a detailed spatial plan, the proceedings of preparing such a plan are conducted following the requirements established in respect of proceedings concerning comprehensive plans.

 (8) Where a planning area contains a heritage conservation area, an immovable monument or the protection zone of such an area or monument, the special conditions of heritage conservation for a detailed spatial plan in such an area or zone are taken into account in the preparation of that plan, having regard to the provisions of the Heritage Conservation Act.
[RT I, 19.03.2019, 13 – entry into force 01.05.2019]

 (9) When preparing a detailed spatial plan mentioned in subsection 7 of this section, cooperation and participation in planning proceedings is subject to the provisions of § 127 of this Act.

 (10) The authority that arranges the preparation of detailed spatial plans is the local authority.

§ 125.  Obligation to prepare a detailed spatial plan

 (1) The preparation of detailed spatial plans is mandatory for areas located in cities, towns and small towns and in the public water bodies adjacent to such settlements in the following cases:
New wording of the introductory sentence of subsection 1:

 (1) The preparation of detailed spatial plans is mandatory for areas located in cities in their capacity of settlements, in towns and small towns and in the public water bodies adjacent to such settlements in the following cases:
[RT I, 21.06.2016, 1 – the new wording of the introductory sentence of subsection 1 enters into force in the year 2017 on the day on which the results of local elections are promulgated]
 1) in order to erect a building subject to the building permit requirement;
 2) in order to expand an existing building that is subject to the building permit requirement by more than 33 percent of its originally planned volume;
 3) in order to erect civil engineering works of significant public interest that are subject to the building permit requirement such as stadiums, golf courses, singing stages, motorsport circuits, etc.;
 4) in order to construct construction works that have a significant spatial impact and that are subject to the building permit requirement, if the location of such construction work has been selected in the comprehensive plan.

 (2) In addition to the cases listed in subsection 1 of this section, the preparation of a detailed plan is also mandatory for areas designated, and in instances identified, in the comprehensive plan as subject to that requirement.

 (3) The council of the local authority may initiate the preparation of a detailed spatial plan for an area or in an instance that does not fall under subsections 1 and 2 of this section, provided the area or instance attracts significant public interest.

 (4) The preparation of a detailed spatial plan is not required for the building of a temporary construction work as provided in the Building Code.

 (5) Where the preparation of a detailed spatial plan is mandatory, the local authority may authorise the building or expansion, on a registered immovable in a built-up area, on the basis of design specifications and without the preparation of a detailed plan, of a single building and the civil engineering works necessary for servicing the building if:
 1) the volume and purpose the construction work matches the environment that has become established in the area, taking into account of the type of other buildings in the area;
 2) the comprehensive plan determines the general use and building conditions of the corresponding area, including the conditions for issuing design specifications, and the building or extension of the building is not contrary to other conditions established in the comprehensive plan.

 (6) In the instance set out in subsection 5 of this section, the local authority determines the conditions mentioned in subsection 4 of § 26 of the Building Code.

§ 126.  Tasks to be fulfilled by a detailed spatial plan

 (1) The tasks to be fulfilled by a detailed spatial plan are:
 1) to divide the planning area into plots;
 2) to define the buildable area of the plots;
 3) to determine the building rights in respect of the plots;
 4) to determine the possible location of any construction works necessary for the functioning of buildings and civil engineering works, including the location of utility lines and of any civil engineering works related to such lines and of any roads to provide access to roads designated as public roads;
 5) to determine the requirements concerning the building of the envisaged construction works;
 6) to determine the requirements concerning the architectural solution and appearance of the envisaged construction works;
 7) to determine the principles of traffic arrangements;
 8) to determine the principles for planting vegetation and for streetside maintenance;
 9) to determine the relevant clearances;
 10) to ensure public access to shore or bank paths;
 10¹) where no shore or bank path exists, to determine the least extensive required service area;
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]
 11) to establish conditions to reduce the risk of crime;
 12) to establish the requirements to ensure observance of standard levels of noise, vibration, pollution risk and insolation, and other environmental parameters;
 13) to determine the location of land improvement systems and the restrictions resulting from such systems;
 14) to assign locally protected status to natural objects and determine the relevant protection zones;
 15) to define built-up areas of cultural and environmental value, to assign the status ‘valuable’ to individual objects and to areas of arable land, and to determine the conditions for the protection and use of such areas and objects, provided such areas or objects have not been defined or assigned as valuable in the comprehensive plan;
 16) to reduce the building exclusion zone of shores and banks;
 17) to state the need for the creation of servitudes and for the designation of existing or envisaged roads as public roads;
 18) to designate areas and to determine instances in relation to which the holding of an architecture competition is required;
 19) to state the need for the designation as ‘public-use area’ of existing or envisaged recreation areas situated on private property;
 20) to state the need for acquisition in the public interest – including expropriation – or for compulsory possession, in order to fulfil the above-mentioned tasks;
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]
 21) where this is warranted by the circumstances, to establish requirements concerning construction works whose building is not subject to the requirement of the preparation of a detailed spatial plan;
 22) fulfil other functions in relation to the tasks listed in this subsection.

 (2) The fulfilment of the tasks mentioned in clauses 1–5 of subsection 1 of this section is mandatory when preparing a detailed plan. When determining the location of construction works mentioned in clause 4 of subsection 1 of this section, it is also mandatory to fulfil the tasks set out in clauses 17 and 20 of subsection 1 of this section.

 (3) The tasks to be fulfilled by a detailed spatial plan are decided on in accordance with the spatial needs of the local authority and the purpose of the plan.

 (4) The building rights of a plot determine:
 1) the intended purpose, or purposes, of use of the plot;
 2) the maximum authorised number of buildings, or of civil engineering works of significant public interest, on the plot, or the absence of such buildings or civil engineering works;
 3) the maximum ground projection area of buildings or of civil engineering works of significant public interest;
 4) the maximum authorised height of buildings or of civil engineering works of significant public interest;
 5) where relevant, the maximum authorised depth of buildings or of civil engineering works of significant public interest.

 (5) The intended purpose of use of the plot defines the purpose for which the plot may be used after the adoption of a detailed spatial plan. On the basis of the plot’s intended purpose of use, the executive of the city or of the rural municipality determines the intended purpose of the cadastral unit and the purpose of use of any construction works on the plot. One plot may be assigned several intended purposes of use.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

 (6) Where a plot is defined by a detailed spatial plan, such definition serves as the basis for the formation of a cadastral unit.

 (7) When intending to reduce the building exclusion zone mentioned in clause 16 of subsection 1 of this section, the authority arranging the preparation of a detailed spatial plan must request the consent of the Environmental Board in respect of the reduction.

§ 127.  Cooperation and invitation to participate in the preparation of detailed plans

 (1) A detailed spatial plan is prepared in cooperation with the executive authorities in whose area of government the issues addressed by the plan fall.

 (2) Any persons whose rights a detailed spatial plan may affect, as well as persons who have expressed an interest in being invited to participate in the preparation of such a plan are invited to participate in the preparation of the plan. Where strategic environmental assessment is mandatory when preparing the plan, persons and authorities that are likely to be affected by the significant environmental impact that may be presumed to result from implementation of the plan, or that may have a legitimate interest in such an impact, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are also invited to participate in the preparation of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (3) Any person whose interests a detailed spatial plan may affect may be invited to participate in the preparation of such a plan. If the authority arranging the preparation of the plan invites a person mentioned in this subsection to participate in the preparation of the plan, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

 (4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority that arranges the preparation of a detailed spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (5) During the preparation of a detailed spatial plan, the plan is disseminated on the website of the authority that arranges the preparation of the plan together with its significant annexes, above all surveys, approvals, opinions and other up-to-date information.

§ 128.  Initiation of the preparation of detailed spatial plans

 (1) The preparation of a detailed spatial plan is initiated by the local authority.

 (2) Initiation of the preparation of a detailed spatial plan is forgone above all where:
 1) it is obvious that initiation of the preparation of such a plan is contrary to the comprehensive plan;
 2) it is evident that future implementation of the plan to be initiated is impossible, above all where the authority arranging the preparation of the plan lacks the means to bear the costs of constructing, according to the plan, the roads designated as public roads, together with the related civil engineering works, vegetation and street lighting, or the costs of constructing, according to the plan, the technical infrastructure that serves public interests, and the party interested in the preparation of the plan refuses to bear such costs;
 3) this is dictated by other reasons based on overriding public interest;
 4) the implementation of the plan would result in a disproportionate encroachment on a rights of a third party;
 5) in the instances set out in subsection 5 of § 125 of this Act or
 6) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (3) Clause 1 of subsection 2 of this section does not apply when a detailed spatial plan is initiated on the grounds provided for by § 142 of this Act as a plan that modifies the comprehensive plan.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4) The decision on initiating or refusing to initiate the preparation of a detailed spatial plan is taken within 30 days following receiving the application seeking initiation of the preparation of the plan. Where valid reasons are present, above all those emanating from the size of the planning area, the need to conduct surveys or investigations, from ascertainment of the facts prerequisite to the conclusion of the relevant regulatory contract or a contract to assign the obligation to bear the costs connected to the commissioning of the preparation of the plan, or from the large number of the parties to be invited to participate or cooperate, the above-mentioned time limit may be extended to 90 days.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (5) The decision to initiate the preparation of a detailed spatial plan states:
 1) the location, including the boundaries, and size of the planning area;
 2) the need for the preparation of the plan;
 3) the need for possible surveys and investigations.

 (6) Initiation of the preparation of a detailed spatial plan is announced – within 30 days following such initiation – in the municipal newspaper of the city or rural municipality or, in the case of cities with city districts, in the municipal newspaper of the city district, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for publication of the official announcements of the city or rural municipality. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the announcement is published in the municipal newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the local authority has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

 (7) A notice concerning initiation of the preparation of a detailed spatial plan is published in the Official Announcements and on the website of the authority arranging the preparation of the plan within 14 days following initiation. The notice must include the particulars mentioned in subsection 5 of this section.

 (8) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of initiation of the preparation of a detailed spatial plan within 30 days following such initiation.

 (8¹) A decision not to initiate strategic environmental assessment of a detailed spatial plan mentioned in subsection 6 of § 124 and in subsection 6 of § 142 of this Act, and the reasons for such a decision, are notified following the requirements established in subsections 6–8 of this section.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (9) If it is known at the time of initiation of the preparation of a detailed spatial plan, or if it becomes known during the preparation of such a plan, that the plan may entail the need to subject an immovable or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging the preparation of the plan notifies the owner of the registered immovable of initiation of the preparation of the plan within seven days following the date on which the decision to initiate its preparation was made or from the date on which the need to subject the immovable to acquisition in the public interest or to compulsory possession became known.
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]

§ 129.  Termination of the preparation of a detailed spatial plan

 (1) The preparation of a detailed spatial plan may be terminated if:
 1) in the course of the preparation, circumstances are revealed that render future implementation of the plan impossible, including where the relevant party refuses to conclude the regulatory contract to assign the building of the construction works required under the plan;
 2) the owner of the registered immovable files an application seeking termination of the preparation of the plan;
 3) the purpose of the preparation of the plan is substantially modified in the course of the preparation or
 4) no funds are available in the budget of the authority arranging the preparation of the plan to bear the costs attaching to the preparation of the plan, to commissioning the preparation of the plan and to the assessment of its impact, and the party interested in the preparation of the plan does not bear such costs.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (2) Announcement and notification of termination of the preparation of a detailed spatial plan and of the reasons for the termination is made following the requirements established in subsections 6 and 8 of § 128 of this Act concerning announcement and notification of the initiation of the preparation of such plans. Announcement of termination of the preparation of such a plan and of the reasons for the termination is also disseminated on the website of the authority that arranged the preparation of the plan within 14 days following the termination.

§ 130.  Regulatory contracts with interested parties

  [RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (1) The authority that organises planning work may conclude, with a party interested in the preparation of a detailed plan, a regulatory contract to delegate to such a party the preparation, or the commissioning of the preparation, of the plan. The authority may not, by such a contract, delegate the preparation of the plan or the carrying out of any procedural operations required for the preparation.

 (2) Subsection 1 of this section does not apply where:
 1) no comprehensive plan has been adopted in respect of the planning area;
 2) the plan envisages to modify an adopted comprehensive plan;
 3) the plan envisages modifications that are significant from the point of view of the general conditions concerning construction works in the corresponding urban area;
 4) the plan is prepared to map out an activity that has a significant environmental impact.

 (3) Modification of the planning area indicated in the relevant application is allowed provided the authority that organises planning work and the interested party agree on the modification. Where the authority that arranges the preparation of a spatial plan modifies the subject matter of the application during planning proceedings, including, among other things, extending the planning area indicated in the original application, the interested party has a right to require that any additional costs to be borne in relation to the preparation – or the commissioning of the preparation – of the plan be shared proportionally between the arranging authority and the party.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (4) Where circumstances arise that prevent the interested party from performing the tasks stipulated in the regulatory contract, the authority that organises planning work is authorised to terminate the contract unilaterally on the grounds provided in the Administrative Cooperation Act. In such a case, a decision may be made to terminate the preparation of the detailed spatial plan.
[RT I, 04.05.2017, 3 – entry into force 05.05.2017]

 (5) Where the authority that organises planning work has concluded, with the party interested in the preparation of a detailed spatial plan, a regulatory contract to assign to that party the preparation, or the commissioning of the preparation, of such a plan, and where, in the course of preparation of the plan, facts become known that bring the matter within the scope of subsection 2 of this section, or indicate the need to modify the comprehensive plan, the regulatory contract must be terminated.

§ 131.  Completing the construction of civil engineering works described in a detailed spatial plan

 (1) The authority that arranges the preparation of a detailed spatial plan is obligated, at its own expense, to complete the construction, according to the plan, of any public roads together with the related civil engineering works, vegetation, street lighting and technical infrastructure, unless the authority and the party interested in the preparation of the plan have agreed otherwise.

 (2) The authority that arranges the preparation of a detailed spatial plan may conclude, with a party interested in the preparation of the plan, a regulatory contract by which the interested party assumes an obligation to complete the construction of any civil engineering works mentioned in subsection 1 of this section that are described in the plan and directly required in order to realise the planning solution – and that are functionally linked to that solution – or assumes the obligation to bear a part or the entirety of the costs connected to completion of the corresponding building work. The contract is made public on the website of the local authority.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (2¹) In order to ensure equal treatment of parties interested in the preparation of detailed spatial plans and proportionality between the costs to be borne to complete civil engineering works and the substance of the plan, a local authority enacts rules to govern arrangements concerning completion of construction of the civil engineering works mentioned in subsection 2 of this section and the bearing of the costs related to the corresponding construction work, which determine, as a minimum:
 1) the situations in which a party may be required to complete the construction of civil engineering works;
 2) the situations in which a party may be required to bear the entirety of the costs related to the construction of civil engineering works and the situations in which they may be required to bear a part of those costs;
 3) the rules and time limits for payment of the costs related to construction of the civil engineering works;
 4) the rules for calculating the costs related to construction of the civil engineering works.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (3) The authority that arranges the preparation of a detailed spatial plan must ensure that there is access from the planning area to a public road and that it is possible to use, in accordance with its intended purpose, other technical infrastructure that serves public interests. Where the planning area is situated in a district in which a public water supply and sewerage system is being developed, this includes ensuring a connection to that system.

 (4) The carryin out of procedural operations required for the construction of the civil engineering works listed in subsection 1 of this section may not be delegated by regulatory contract.

 (5) In addition to the conditions mentioned in § 10 of the Administrative Cooperation Act, the authority that arranges the preparation of a detailed spatial plan and the interested party agree, in respect of the construction works listed in subsection 1 of this section:
 1) the allocation, between the authority and the interested party, of the costs that attach to the corresponding building work;
 2) sufficient guarantees to ensure the performance of the obligation that the interested party assumed in regard to the bearing of the costs;
 3) the time limit for the completion of the civil engineering works;
 4) the obligation to deliver the civil engineering works to the authority, the time limit for the performance of that obligation, and sufficient guarantees to ensure the performance of the obligation.

 (6) By way of ancillary condition to a detailed spatial plan, the authority that arranges the preparation of the plan may reserve to itself the right to repeal the plan or refuse to issue any building permits in the planning area if the interested party has not, within the defined time limits, performed the obligations that it assumed in accordance with subsection 2 of this section.

§ 132.  Imposing a temporary ban on planning and building work when preparing a detailed spatial plan

 (1) The authority arranging the preparation of a detailed spatial plan may impose, for the duration of the preparation of the plan, a ban on planning and building work in the planning area or a part thereof if the plan envisages alterations in the building rights originally granted in that area.

 (2) During the period of a temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:
 1) the adoption of comprehensive plans or detailed spatial plans;
 2) the issuing of building permits for the building of construction works;
 3) the issuing of design specifications;
 4) changing the existing intended purpose of the cadastral unit.

 (3) A temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

 (4) A temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the submission of a building notice or the existence of a building permit is not required.

 (5) The authority arranging the preparation of a detailed spatial plan notifies, by way of registered letter, the owner of any registered immovable in respect of which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

 (6) The authority arranging the preparation of a detailed spatial plan imposes a temporary ban on planning and building work by an order and, within seven days following imposition of the ban, notifies this by way of registered letter to the owner of any registered immovable subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 133.  Submitting a detailed spatial plan for approval; invitation to present opinions concerning the plan

 (1) A detailed spatial plan is submitted for approval to the persons and authorities mentioned in subsection 1 of § 127 of this Act; the persons and authorities mentioned in subsection 2 of § 127 of this Act are notified of the opportunity to present their opinion regarding the plan.

 (2) If the authority or person to whom a detailed spatial plan was submitted for approval or who was invited to present an opinion regarding such a plan has not, within 30 days of receiving the plan, refused to approve it or presented an opinion or applied for extension of the time limit, the plan is deemed to have been tacitly approved by the authority or person to whom it was submitted for approval, or the authority or person who was invited to present an opinion regarding the plan is deemed to have declined to do so, unless otherwise provided by law.

 (3) If the person or authority to whom a detailed spatial plan was submitted for approval does not indicate that the plan is contrary to legislation or to the comprehensive plan, the plan is deemed to have been approved.

§ 134.  Acceptance of a detailed spatial plan

  When a detailed spatial plan has received the requisite approvals, the authority that arranged the preparation of the plan makes a decision concerning its acceptance. By deciding to accept the plan, the authority confirms that it is in conformity with the relevant legislation and with the spatial development objectives of the city or rural municipality.

§ 135.  Public display of a detailed spatial plan

 (1) After it has accepted a detailed spatial plan, the authority that arranged its preparation arranges at least one public display of the plan. The holding of an additional public display must be decided considering, above all, public interest, the size of the planning area and other circumstances that are important in the assessment of the authority arranging the preparation of the plan. The public display is held at least:
 1) in the main population centre of the rural municipality or in the main venue of the settlement;
 2) in the main business centre of the city or city district.

 (2) During the time of public display of a detailed spatial plan, everyone has a right to present opinions concerning the plan.

 (3) A detailed spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solutions presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any approvals and opinions received in accordance with subsection 1 of § 133 of this Act regarding the plan are also made public.

 (4) In order to provide a visual image of the envisaged environment and buildings, at least one three-dimensional illustration of the planning solution is presented at the public display as an annex to the detailed spatial plan.

 (5) The duration of public display of a detailed spatial plan is at least 14 days. The duration of the public display of a detailed spatial plan that modifies the comprehensive plan and of a detailed spatial plan that is not based on the adopted comprehensive plan is at least 30 days.

 (6) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of the public display of a detailed spatial plan at least 14 days before the commencement of the display. The notification states the time and place of the display and the particulars required under subsection 8 of this section.

 (7) The time and place of public display of a detailed spatial plan are announced at least 14 days before the commencement of the public display in the municipal newspaper of the city or rural municipality or, in the case of cities with city districts, in the municipal newspaper of the city district, as well as in the county newspaper or in the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where there is no municipal newspaper published in territory of the local authority or where announcement at the latest 14 days before the commencement of the public display is not possible because of the publication schedule of such a newspaper, the announcement is published in the county newspaper at the latest 14 days before the commencement. The announcement concerning public display of the plan is disseminated on the website of the authority arranging the preparation of the plan.

 (8) The announcement mentioned in subsection 7 of this section must:
 1) disclose the location, including the boundaries, and size of the planning area;
 2) briefly introduce the substance of the detailed spatial plan and any significant impact to result from implementation of the plan;
 3) state the major changes emanating from the plan in comparison with the existing situation;
 4) provide information concerning the nature of the activities and construction works envisaged by the plan, and concerning the significant land use and building conditions, and state whether the plan contains a proposal to modify the principal solution of the comprehensive plan.

 (9) During the time a detailed spatial plan is on public display, everyone is to have access, during the office hours of the executive of the city or rural municipality, to any material and information that is related to the plan and that the executive has at its disposal.

 (10) Where a repeat public display is held in a situation mentioned in subsection 3 of § 137 of this Act, opinions may be presented only with regard to the modifications that have been made in the detailed spatial plan to alter its principal solution after the previous public display of the plan.

 (11) Within 30 days following the end of public display of a detailed spatial plan, the authority arranging the preparation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 136.  Public discussion of the results of public display of a detailed spatial plan

 (1) The authority arranging the preparation of a detailed spatial plan arranges a public discussion of the plan within 45 days following the end of the public display. The public display is held at least:
 1) in the main population centre of the rural municipality in whose territory the planning area is situated or in the main venue of the settlements located within the planning area;
 2) in the main business centre of the city or city district in whose territory the planning area is situated.

 (2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the detailed spatial plan during the time it was on public display or if all written opinions have been followed.

 (3) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of the public discussion of a detailed spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

 (4) At the public discussion, the authority arranging the preparation of the detailed spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the preparation of the plan, and responds to other questions regarding the plan.

 (5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging the preparation of the detailed spatial plan in a form reproducible in writing.

§ 137.  Consideration of the results of public display and public discussion of a detailed spatial plan

 (1) Based on the results of public display and public discussion, the necessary modifications are made to the detailed spatial plan.

 (2) If written opinions were presented during public display of a detailed spatial plan, information concerning the results of public display and public discussion is published within 30 days following the holding of the public discussion in the municipal newspaper of the city or rural municipality or, in the case of a city with city districts, in the newspaper of the city district, and in the county newspaper or the newspaper of nation-wide circulation that the local authority has selected for the publication of the official announcements of the city or rural municipality. Where the local authority has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

 (3) If any modifications made based on the results of public display and public discussion alter the principal solutions of a detailed spatial plan, the plan is submitted for approval anew to the executive authorities in whose area of government the issues addressed by the modifications fall. The public display and public discussion are also held anew, following the requirements established in this Act in respect of submitting the plan for approval and of arranging the public display and public discussion of the plan.

§ 138.  Ratification of a detailed spatial plan

 (1) The detailed spatial plan is submitted for ratification to the Ministry of Finance. The opinions that were presented in writing during the public display and that were not taken into account in the preparation of the plan are submitted together with the plan and with the reasoned position, of the authority that arranged the preparation of the plan, concerning its refusal to take those opinions into account.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (2) Subsection 1 of this section does not apply if the detailed plan has been prepared in conformity with the comprehensive plan and no opinions were presented concerning the plan during the public display, or if all written opinions presented during the public display have been taken into account.

 (3) Within 60 days following submission of a detailed spatial plan, the Minister in charge of the policy sector or an official authorised by the Minister ratifies the plan or refuses to ratify it.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (4) When deciding on ratification of a detailed spatial plan, the Minister in charge of the policy sector or an official authorised by the Minister:
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]
 1) verifies the conformity of the plan to the relevant legislation;
 2) hears the views of the persons who presented written opinions when the plan was displayed to the public and whose opinions were not taken into account in the preparation of the plan, and the views of the authority that arranged the preparation of the plan.

 (5) If the persons mentioned in clause 2 of subsection 4 of this section do not reach an agreement, the Minister in charge of the policy sector or an official authorised by the Minister transmits to them, within 30 days following hearing their views, the Minister’s written opinion concerning the opinions that were not taken into account.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (6) Where the Minister in charge of the policy sector or an official authorised by the Minister refuses to ratify a detailed spatial plan, they present to the authority that arranged the preparation of the plan their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 4 of this section that constitute the grounds for refusing to ratify the plan. Where warranted by the circumstances, the Minister or the official may propose a partial adoption of the plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

§ 139.  Adoption of a detailed spatial plan

 (1) A detailed spatial plan is adopted by the local authority. When a detailed spatial plan is prepared in a situation mentioned in subsection 2 of § 130 of this Act, the plan is adopted by the council of the local authority.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (2) The decision to adopt a detailed spatial plan or to refuse to do so is made at the latest when three years have elapsed since initiation of the plan.

 (3) A notice concerning adoption of a detailed spatial plan is published – within 30 days following such adoption – in the municipal newspaper of the city or rural municipality in whose territory the planning area is situated or, in the case of cities with city districts, in the municipal newspaper of the city district, and in the county newspaper or the newspaper of nation-wide circulation that the local authority has selected for the publication of official announcements of the city or municipality. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and – within 30 days following adoption – in the county newspaper. Where the local authority has no municipal newspaper, the notice of adoption of the plan is published in the newspaper of the county in whose territory the planning area is situated within 30 days following adoption. The notice of adoption of the plan is also published – within 14 days following adoption – in the Official Announcements as well as on the website of the authority that arranged the preparation of the plan.

 (4) The authority arranging the preparation of a detailed spatial plan notifies the adoption of the plan and transmits the plan that has been adopted to the Minister in charge of the policy sector and to the Registrar of the National Land Cadastre within 30 days following the day the plan was adopted. Together with the plan, the authority transmits to the Registrar, in machine-readable format, the data concerning the land use and building conditions and restrictions that have become effective as a result of the adoption of the plan.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (5) When giving notification of the adoption of a detailed spatial plan, a brief overview must be provided of the substance of the plan, including an overview of likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

 (6) Within 14 days following adoption of a detailed spatial plan, the authority that arranged the preparation of the plan notifies its adoption to:
 1) any persons who presented opinions during the public display of the plan and whose opinions were not taken into account when the plan was adopted;
 2) the owner of the immovable whose immovable, or part of whose immovable, needs to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan;
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]
 3) the owner of the registered immovable on which a temporary ban on planning and building work was imposed during the preparation of the plan;
 4) the persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act.

§ 140.  Repeal of a detailed spatial plan

 (1) A detailed spatial plan or any part of such a plan may be repealed when:
 1) at least five years have elapsed since adoption of the plan, and its implementation has not commenced;
 2) the authority that arranged the preparation of the plan, or the owner of the registered immovable that the plan deals with wishes to dispense with its implementation.

 (2) A detailed spatial plan may be repealed in part provided implementation of the overall solution of the plan is ensured after the plan is so repealed.

 (3) A proposed decision to repeal a detailed spatial plan is submitted for approval to the authorities mentioned in subsection 1 of § 127 of this Act and the persons and authorities mentioned in subsection 2 of § 127 of this Act are notified of the opportunity to present opinions concerning such a decision.

 (4) If the authority to whom a proposed decision to repeal a detailed spatial plan was submitted for approval – or the person or authority who was invited to present an opinion regarding the proposed decision – has not, within 30 days of receiving the proposed decision, refused to approve that decision or presented an opinion or applied for extension of the time limit, the proposed decision is deemed to have been tacitly approved by the authority to whom it was submitted for approval, or the authority or person who was invited to present an opinion regarding the proposed decision is deemed to have declined to do so, unless otherwise provided by law.

 (5) A partial repeal of a detailed spatial plan is notified to the persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act, and newspaper announcements of such a repeal are published, following the requirements established in subsections 3 and 5 of § 139 of this Act.
[RT I, 03.01.2022, 1 – entry into force 13.01.2022]

 (6) A detailed spatial plan is repealed by the council of the relevant local authority.

 (7) In order to modify a detailed spatial plan, a new detailed spatial plan must be prepared in respect of the same planning area, following the requirements established in this Act concerning the preparation of detailed spatial plans.

 (8) Adoption of a new detailed spatial plan suspends the validity of the previously adopted detailed plan in respect of that planning area.

 (9) In order to bring a detailed spatial plan into conformity with legislation that has been amended or that has entered into force after the adoption of the plan or with a judgment that has entered into effect after the adoption of the plan, the authority that arranged the preparation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the adoption of a detailed spatial plan.

§ 141.  Contesting a detailed spatial plan

  Anyone who finds that the decision by which a detailed spatial plan was adopted is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the adoption of the plan.

§ 142.  Detailed spatial plan that alters a comprehensive plan

 (1) Where this is warranted by the circumstances, a detailed spatial plan may include a proposal to alter the principal solutions of the adopted comprehensive plan. Alteration, by a detailed plan, of the principal solutions of an adopted comprehensive plan occurs when:
 1) the principal purpose of land use determined by the comprehensive plan is extensively modified;
 2) the height limit of buildings as determined in the comprehensive plan is exceeded, the minimum size of the plot reduced, the areas and instances in which the preparation of a detailed spatial plan is mandatory are modified;
 3) other modifications of the comprehensive plan are made that the local authority considers significant or extensive.

 (2) Preparation of a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive plan is subject to the procedure for the preparation of comprehensive plans. Cooperation and invitation to participate in the preparation of the plan are subject to the requirements established for the preparation of detailed spatial plans.

 (3) If a strategic environmental assessment is mandatory when preparing a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive plan, proceedings concerning the preparation of such a plan are subject to the requirements established for proceedings concerning comprehensive plans.

 (4) The Minister in charge of the policy sector or an official authorised by the Minister has a right to designate, in addition to those named in the initial position, other persons and authorities in cooperation with whom a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive plan is to be prepared or who are to be invited to participate in the preparation of the comprehensive plan.
[RT I, 12.12.2018, 2 – entry into force 22.12.2018]

 (5) For detailed spatial plans that include a proposal to alter the comprehensive plan, the requirements set out in § 90 of this Act apply.

 (6) When preparing a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive plan, a preliminary assessment must be made and strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

 (7) Where a detailed spatial plan includes a proposal to alter the principal solutions of the adopted comprehensive plan, the documents that make up the detailed spatial plan must include a proposal to modify the relevant part of the text and the drawings of the comprehensive plan.

 (8) Where a detailed spatial plan includes a proposal to alter the principal solutions of the adopted comprehensive plan, the local authority incorporates the corresponding modifications in the comprehensive plan within 30 days following the adoption of the detailed spatial plan.

§ 143.  Entry into force of this Act

  This Act enters into force at the time provided in the Act to Implement the Building Code and the Planning Act.