According to Art. 11 of the Bavarian Forest Act (BayWaldG), Bannwald forest is forest that is irreplaceable due to its location and size, especially in densely populated areas and areas with little forest, and must therefore be preserved. In addition, it is of exceptional importance for the climate, the water balance or for air purification. Bannwälder are declared in accordance with Art. 37 Para. 1 No. 1 BayWaldG by legal ordinance of the district administrative authority. In addition, forests can also be declared to be ban forests by legal ordinance if they serve to a special degree to protect against immissions, such as air pollution and noise pollution from traffic and industry.
If certain economic measures are necessary in ban forests to protect the population from immissions, these can be imposed on the polluter of the immissions. In this case, forest owners must tolerate the measures (Art. 14 Para. 2 S. 5 and 6 BayWaldG).
Permission for clearing in the protected forest can only be granted under the narrow conditions of Art. 9 para. 6 p. 2 BayWaldG, i.e. in the case of clearing, new forest must be established directly adjacent to the existing protected forest, which in terms of its extent and functions is or can become approximately equivalent to the forest to be cleared.