Nature and landscape; application for intervention

Many measures involve interventions in nature and the landscape. Insofar as these measures require official approval or notification, their permissibility must be reviewed within the framework of the impact regulation.

Description

If the measure does not require an official permit or notification, it can be prohibited if necessary, if significant impairments of nature and landscape cannot be compensated. and the interests of nature conservation and landscape management take precedence when weighing all requirements for nature and landscape.

Interventions in nature and landscape are changes in the shape or use of land or changes in the groundwater level associated with the living soil layer, which can significantly impair the performance of the natural balance or the landscape. As a rule, proper agricultural, forestry and fishery land use does not constitute an encroachment.

The perpetrator of an intervention is obliged to refrain from avoidable impairments of nature and landscape and to compensate or replace unavoidable impairments by nature conservation and landscape management measures.

Avoidable impairments are also deemed to be avoided if the objective pursued by the intervention can be achieved in other reasonable ways that are more gentle on nature and the environment.

The intervention may not be permitted or carried out if the impairment cannot be avoided or compensated to the necessary extent within a reasonable period of time and the interests of nature conservation and landscape management take precedence in the weighing of all requirements for nature and landscape.

If the intervention cannot be compensated and the nature conservation concerns do not take precedence, a compensation payment must be made. Even in the case of interventions that do not require an official permit or notification to an authority, in certain cases the restoration of the original condition or the implementation of compensatory measures can be demanded or the intervention can be prohibited.

As a rule, the notification or the application for approval of the project must be made to the locally responsible district office or municipality. Depending on the procedure or project, a higher administrative authority - such as the government - may also be the approval authority.

Remedy

Administrative court proceedings; information

administrative claim

Status: 23.06.2022

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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