Grassland areas; application for permission to roll.

Since 2020, it has been prohibited in agricultural use to roll grassland areas after March 15. Under certain conditions, the district governments may permit the rolling of grassland areas after March 15.

Description

With the unchanged acceptance of the referendum "Biodiversity & Natural Beauty in Bavaria", the ban on rolling grassland after March 15 has applied to agricultural use since 2020.

This legal ban on rolling can restrict agricultural use to varying degrees depending on local weather and soil conditions. The start of vegetation as well as the passability of the soils vary greatly from region to region in Bavaria. Where, due to weather or soil conditions, grassland areas cannot be driven over and rolled before March 15, the ban means a considerable interference in the operational process for the farmers. For these areas, the ban regularly calls into question the agricultural use of the land as a whole.

As a result, without a deviating regulation to avoid cases of hardship, the conditions for granting an exemption may be met in a considerable number of cases in many areas.

Under certain conditions, the district governments may, by general decree, permit the rolling of grassland areas even after March 15 of the respective calendar year for the territory of entire counties or cities without counties or for certain outlined parts thereof.

The issuance of the general order is possible as long as in the affected areas, according to the current weather forecasts, predominantly

  1. the agriculturally used grassland cannot be rolled before March 15 in compliance with good agricultural practice, in particular due to excessive soil moisture or snow-covered areas, and
  2. in the meadow breeding areas, the main breeding season of the meadow breeding birds has not yet begun.

The general order shall specify a date in each case from which rolling is prohibited in that calendar year and area.

Public announcement

The general order on the rolling of grassland areas shall be announced in accordance with local custom at the earliest possible date. This general order of the Government shall be published in the regular Official Gazette or in the Special Official Gazette before March 15 of the respective calendar year.

Procedure

The district governments have subject-matter jurisdiction to issue a general decree on the rolling of grassland. The local jurisdiction results from the Bavarian Administrative Procedure Act.

The government receives an expert assessment from the Bayererische Landesanstalt für Landwirtschaft (LfL), based on data from the Deutscher Wetterdienst (DWD), as to when it can be expected that the soil will be passable.

Furthermore, the government receives data from the Bavarian State Office for the Environment (LfU) on the area-specific expected start of breeding of meadow-nesting birds in the meadow-nesting areas.

Based on the opinions of the State Office for Agriculture and the State Office for the Environment, the government decides whether to permit the rolling of grassland areas after March 15 of the respective calendar year by issuing a general decree.

Status:13.06.2023

Responsible for editing:Bayerisches Staatsministerium für Ernährung, Landwirtschaft und Forsten

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