Landschaftsschutzgebiete Festsetzung
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Fachlich freigegeben am
Fachlich freigegeben durch
Landscape conservation areas (LSG) are legally binding areas in which, according to Section 26 (1) BNatSchG, "special protection of nature and landscape is required
- to preserve, develop or restore the performance and functionality of the ecosystem or the regenerative capacity and sustainable use of natural resources,
- because of the diversity, character and beauty or the special cultural and historical significance of the landscape or
- because of its particular importance for recreation."
The basic idea of the protected area category "landscape conservation area" was already enshrined in Section 5 of the Reich Nature Conservation Act of 1935. However, the landscape protection area has only existed as an independent category of protected area since the introduction of Section 15 of the Federal Nature Conservation Act (BNatSchG) in 1976. In the IUCN's international category system, the landscape protection area generally corresponds to category V (protected landscape). Compared to other protected area categories, it has a rather low protection intensity. However, due to their large number and sometimes considerable size of up to 233,000 hectares (LSG "Bayerischer Wald"), landscape protection areas are of great importance in the German system of protected areas (see map). In addition, the designation of landscape protection areas can preserve landscapes that have been shaped by human use and are important for nature conservation and landscape management, but do not meet the often stricter requirements of a nature conservation area.
The required documents must be coordinated with the responsible nature conservation authority for the specific area.
A landscape conservation area can be designated for ecological ("conservation, development or restoration of the performance and functionality of the ecosystem or the regenerative capacity and sustainable use of natural resources") or aesthetic reasons ("diversity, character and beauty of the landscape") or due to its cultural and historical significance (if historical developments have shaped the landscape) or for recreational purposes (see Section 26 (1) BNatSchG). Not all three protection purposes must be fulfilled at the same time, but at least one of the protection purposes listed in the BNatSchG must be fulfilled.
- Municipalities, authorities and public agencies whose areas of responsibility are affected by the project must be involved before a statutory order establishing a landscape conservation area is issued. A reasonable period of at least four weeks must be granted; if comments are not made within the deadline, the responsible nature conservation authority can assume that the public interests to be safeguarded are not affected by the ordinance.
- Public display of the draft ordinance and the associated maps for a period of one month in the independent towns, municipalities and offices that lie within the probable area of application of the ordinance is also required. The location and duration of the display must be published by the aforementioned authorities at least one week in advance, with a reference to the fact that concerns and suggestions may be submitted to them or to the nature conservation authority issuing the ordinance up to two weeks after the display period.
- Steps 1 and 2 can be carried out simultaneously.
- The competent nature conservation authority examines the concerns and suggestions submitted in due time and holds a hearing or informs the parties concerned of the outcome.
- If the draft ordinance is significantly extended in terms of area or subject matter, the procedure set out in paragraphs 1 to 4 must be repeated.
- The delimitation of a protected area shall be described in detail in the ordinance
- be described in detail or
- shown graphically in maps which
a) are printed in the gazette as part of the ordinance,
b) can be inspected by the authorities; the authorities to be named in the ordinance must keep copies of the maps, or
c) be kept available for public inspection during office hours in unalterable digital form in the archives of the authorities to be named in the ordinance.
The maps and the description must show with sufficient clarity which properties belong to the protected area; in case of doubt, the areas shall be deemed not to be affected.
Designation of landscape protection areas - legally binding new designation of areas in which special protection of nature and landscape is required.
District administrators of rural districts and mayors of independent cities as the lower nature conservation authority as a rule, exception: the Minister for Agriculture and the Environment as the highest nature conservation authority for the designation of landscape conservation areas in areas not belonging to municipalities
District administrators of rural districts and mayors of independent cities as the lower nature conservation authority as a rule, exception: the Minister for Agriculture and the Environment as the highest nature conservation authority for the designation of landscape conservation areas in areas not belonging to municipalities