Bodenabbaugenehmigung

• Federal Mining Act (BBergG)
• Water Resources Act (WHG)
• Federal Immission Control Act (BImSchG)
• Hessian Building Code (HBO)
• Hessian Nature Conservation Act - HENatG)

The permit requirement for the extraction of mineral resources arises as follows:

• in the case of mineral resources under mining law from the Federal Mining Act (BBergG). The mineral resources under mining law are listed in § 3 paras. 3 and 4 BBergG.
• for all other mineral resources
  • if a body of water is produced or substantially altered during mining from:
    the Water Resources Act (WHG).
  • if dry degradation,
    • the mining area is more than 10 ha in size or is blasted from the
      Federal Immission Control Act (BImSchG),
    • the mining area is less than 10 ha in size and is not blasted from the
      Hessian Building Code. According to this, the dismantling requires a building permit,
      if the depth exceeds 2 meters or the excavation area in the built-up area
      Indoor area is larger than 30 m² or outdoors larger than 300 m².

In all cases, as a rule, a nature conservation intervention permit is required in accordance with the Hessian Act on Nature Conservation and Landscape Management (Hessian Nature Conservation Act - HENatG).

Contact persons are the district committees or magistrates of the district-free cities as lower building authorities, in all other cases the regional councils as mining authorities or as upper water authorities or as immission control authorities.