Permanent grassland and permanent fallow land; application for an exemption for conversion.

You can apply for an exemption from the prohibition of conversion of permanent grassland and permanent fallow land into arable land or permanent crops.

Description

It is forbidden to convert permanent grassland and permanent grassland fallow in agricultural use. It is possible to apply for an exemption under nature conservation law to the competent authority.

    Three cases of conversion of permanent grassland are distinguished:

    1) Conversion of permanent grassland into arable land or permanent crops.

    In the case of conversion of permanent grassland to another form of agricultural use (arable land, permanent crops), converted permanent grassland area must be replaced with equal value (reseeding on arable land or permanent grassland area). The valuation is carried out by the lower nature conservation authority. For areas that already had no reseeding obligation (new permanent grassland created after 2015), an exemption from the conversion ban (and thus the replacement area reseeding) is possible.

    2) Conversion of permanent grassland for grassland renewal.

    The renewal of grassland does not fall under the prohibition of conversion under nature conservation law, with the exception of biotopes protected by law, which also includes "species- and structure-rich permanent grassland".

    3) Conversion of permanent grassland to non-agricultural land (usually for construction projects or afforestation).

    If "environmentally sensitive permanent grassland" is involved, the removal of the "environmentally sensitive" provision must be requested.

    Competent authorities

    • Conversion of permanent grassland to arable land or permanent crops
      • Farm subject to greening: exemption under nature conservation law as well as approval under subsidy law is required. You have to apply for this at the responsible office for food, agriculture and forestry.
      • Farm exempted from greening (organic farms, small producers): Exemption under nature conservation law is required. It must be applied for at the responsible lower nature conservation authority.
    • Conversion of permanent grassland for grassland renewal: Provided that no legally protected biotopes are affected, the requirement for approval under funding law remains. You must apply for the permit at the responsible Office for Food, Agriculture and Forestry.

    Prerequisites

    The impairments must be compensated.

    Procedure

    1) Conversion of permanent grassland into arable land or permanent crops.

    • Farm subject to greening
      The application must be submitted to the responsible Office for Food, Agriculture and Forestry. The lower nature conservation authority carries out the nature conservation assessment and issues a decision, which is forwarded to the Office for Food, Agriculture and Forestry. The Office for Food, Agriculture and Forestry checks the other prerequisites (e.g. water law, subsidy law). The Office of Food, Agriculture and Forestry then sends both notices to the applicant.
    • Farm exempted from greening (organic farms, small producers)
      The conversion of permanent grassland into arable land or permanent crops is subject to approval under nature conservation law! The application is submitted directly to the responsible lower nature conservation authority. The lower nature conservation authority carries out the nature conservation law examination and prepares a decision, which is sent directly from the lower nature conservation authority to the applicant.

    2) Conversion of permanent grassland for grassland renewal

    Farms subject to greening submit an application for conversion to the responsible office for food, agriculture and forestry. There, if necessary, a statement is obtained from the lower nature conservation authority and a decision is issued.

    In the case of legally protected biotopes, any farmer planning to renew grassland there must obtain an exemption from the lower nature conservation authority.

    3). Conversion of permanent grassland to non-agricultural land (usually for construction projects or afforestation).

    The application must be submitted to the responsible Office for Food, Agriculture and Forestry, which carries out the technical legal examination and, if necessary, obtains an opinion from the lower nature conservation authority. If "environmentally sensitive permanent grassland" is affected, the removal of the "environmentally sensitive" provision must be applied for. The Office for Food, Agriculture and Forestry issues the decision.

    Deadlines

    none

    Forms

    Fees

    • none

    Remedy

    administrative claim

    Status:13.06.2023

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

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