This is an explanation of the eventual limitations and affections of use from Properties bordering with both, regional, and estate roads.
PROPERTIES BORDERING WITH HIGHWAYS AND ROUTES FROM THE ESTATE
Zone of affection on Estate Roads
The zone of affection of a state road will consist of two strips of land on both sides of the same one, delimited internally by the zone of servitude and externally for two lines parallel to the exterior edges of the explanation to a distance of:
- 100 meters of highways, in highways and rapid routes
- 50 meters of the rest of the roads, measured from the mentioned edges
Limitations of use in the zone of affection (art. 23.2 and 3 L25/1988) to execute in the zone of affection any type of works and fixed or provisional facilities, to change the use or destination of the same ones and to plant or to fell trees there will be needed the previous authorization of the competent Department
In the constructions and already existing facilities in the zone of affection there will be able to be realized works of repair or improvement, previous the corresponding authorization, once stated his purpose and content, providing that they do not suppose increase of volume of the construction and without the increase of value that those endure could be born in mind to effects expropiatorios.
PROPERTIES BORDERING WITH HIGHWAYS FROM THE VALENCIAN REGION
In order to guarantee the road safety preventing that there take place actions that could put it in danger, to assure the availability of areas for the accomplishment of activities of maintenance of the routes or the installation of attached services the same ones, and to protect the surrounding uses of the negative impact of the routes, a protection zone will be fixed by means of the road planning to both margins of the thoroughfares by the extent that is considered to be necessary in every case.
In the areas classified as “urban” the protection zones will be determined in the urban development planning of the Town Hall, previous binding report of the titular Administration of the route.
In default of plan or project that indicates the width of this zone, or when the determinations of the same one he does not gather her, there will be understood that the same sandal a space delimited by two lines placed to the following distances, measured from the exterior edge of the most next causeway:
– 50 m on highways and highways
– 20 on rapid routes
– 18 in the remaining roads
In the protection zones, works will not be able to be realized to more uses nor allow themselves that those that perform compatible with the road safety, and a previous authorization, in any case, will be needed from the Administration of the route. Is not admitted into this zone new constructions of any building.
In constructions already existing, and pre-existing facilities, inside the protection zone there will be able to be realized works of repair and improvement, previous the corresponding authorization, once stated his purpose and content, providing that they do not carry increase of volume of the construction, and without the increase of value that those endure could be born in mind to effects expropiatorios.
In the protection zones uses and strictly agricultural utilizations will be able to be realized without previous authorization, as ordinary cultures and plantations of shrubs or trees of average freightage, providing that the functional conditions are guaranteed and of safety of the route. In opposite case, the titular administration of the route will be able to establish a posteriori the limitations that he considers opportune.
Owners of the areas placed in protection zones will come bound to support the servitudes that, in his case, could be established on the areas for the emplacement of facilities or the accomplishment of public activities directly related to the construction or the maintenance of the routes. The imposition of the above mentioned servitudes will be an object of compensation in accordance with the established in the law of Necessary Expropriation.
Owners of the areas understood in the protection zones will come bound to preserve the same ones in safety conditions and health, realizing the works of adequacy necessary for it, or, in his case, in the conditions that stayed on having finished the works.
The accomplishment of actions of any class inside the protection zones of the routes of the system will have to be an object of express authorization on the part of the Administration of the route.
In no case there will be able to be authorized works or actions that diminish the safety of the route, impede the functioning of the same one or prove to the detriment of the preexisting conditions of drainage.
The urban development licenses that are granted for the accomplishment of actions in the protection zones will have to remain always expressly determined to the obtaining of the authorizations to which this law refers.
MURCIA AND ANDALUCÍA REGION
The area of affection arrives to:
– 100 m on highways and highways
– 50 on rapid routes
– 25 in the remaining roads