Advising client on the authorisation of an illegal damming of a watercourse

RASK advised a client on legal issues related to the legalisation of an illegal dam on their property, outlining the various possible solutions.

There are approximately 1,000 dams across Estonian rivers. Damming waterways impacts the natural environment and brings both positive and negative effects (such as the dam’s effect on aquatic life, landscape, recreational economy, land use and water quality). However, many dams that have existed in the country for decades are, in fact, illegal, lacking the permits required by current law. Often, dam owners themselves are unaware that the dam on their property is not authorised. As a result, the Environmental Board’s request to legalise the dam may come as a surprise to many owners.