Biotopschutz und Biotop-Pflege

Many special habitats of specially protected plant and animal species are legally protected biotopes according to § 30 of the Federal Nature Conservation Act (BNatSchG) or § 13 of the Hessian Implementation Act to the Federal Nature Conservation Act (HAGBNatSchG). These habitats deserve special protection because they are either extremely rare, have a high ecological value or are threatened with destruction.

Intensive management, construction measures as well as pollutant inputs and other influences can destroy such habitats. Impairments therefore require approval. Damage and destruction of specially protected biotopes caused by ignorance are also illegal. The polluter may be obliged to restore the original condition.

When it comes to habitat protection, the communities and habitats of the various species are at the centre of our efforts. Of particular importance for nature conservation are both the

Near-natural biotopes:

• e.g.: natural or semi-natural areas of flowing and stagnant waters, including their banks and associated natural or semi-natural vegetation, as well as their natural or semi-natural silting areas, oxbows and regularly flooded areas; bogs, swamps, reed beds, wet meadows rich in sedges and rushes, spring areas, inland salt flats; open inland dunes, open natural block, rubble and scree heaps, clay and loess walls, forests and shrubs of dry warm locations; Fault, swamp and alluvial forests, ravine, block heap and slope debris forests or open rock formations

as well as the typical elements of the extensively used cultural landscape

• such as heaths, grasslands, avenues or orchards in the outdoor area.

References to legally protected biotopes are also contained in the landscape plans of their cities and municipalities as well as the nationwide biotope mapping (https://natureg.hessen.de/Main.html).

The nature conservation authority decides whether there is a protected biotope.

You can ask the nature conservation authority whether you can apply for funding under state funding programmes for the conservation-friendly care of these areas as a land manager.

In the exception of habitat protection, it is usually also necessary to decide on an intervention in nature and landscape. In accordance with the Compensation Ordinance, an intervention compensation plan must therefore be submitted in the application. Information can also be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the field of nature conservation.

Official acts under nature conservation law are usually subject to a fee. The amount of the exemption from habitat protection depends on the scope of the measure.

If a decision is not taken on an applied exemption from habitat protection within a period of 3 months, it shall be deemed to have been granted. In all other respects, § 42a of the Hessian Administrative Procedure Act in the version of 15.01.2010 (GVBl. I p. 18) applies. The nature conservation authority examines the application documents and informs the applicant within one month of receipt of the application whether the documents are complete or what further information it needs for a full assessment of the facts. (§3 para. 2 HAGBNatSchG)

the lower nature conservation authority: district administration or – in the case of cities with more than 50,000 inhabitants, – the city administration