Eingriffe in Natur und Landschaft: Eingriffsregelung

In addition to the impact permit in accordance with the provisions of the Federal Nature Conservation Act (BNatSchG) and the State Nature Conservation Act (LNatSchG), further nature conservation approvals may be required (e.g. species protection, biotope protection, Fauna-Flora-Habitat Directive or Birds Directive, protected area regulations).

The impact regulation in accordance with the provisions of the Federal Nature Conservation Act (BNatSchG) and the State Nature Conservation Act (LNatSchG) includes the involvement of nature conservation in all planning and measures that could have a significant impact on the ecosystem or the landscape. The focus is on avoiding such impairments.

Unavoidable impairments may make the project inadmissible or must be compensated for by suitable compensatory or replacement measures. The documentation of the existing situation prior to the implementation of the intervention as well as its effects, planned avoidance measures and compensation must be submitted by the project developer in a nature conservation report for technical review.

Applications must always be submitted informally. In addition to the plan and description, all information required to assess the project is required.

A so-called "nature conservation report" is required. This should contain

• the project description and
• the determination of the probable effects on nature and the landscape,
• a description of the options for avoiding or minimizing the impact as well as compensatory and/or replacement measures.

Early consultation with the responsible authority is recommended.

Official acts under nature conservation law are generally subject to a fee in accordance with the State Ordinance on Fees in the Ministry of the Environment, Forestry and Consumer Protection (Special List of Fees).

The technical examination of nature conservation issues in the implementation of the impact regulation is the responsibility of the lower nature conservation authority of your district or independent city or the higher nature conservation authorities of the Struktur- und Genehmigungsdirektion Nord or Struktur- und Genehmigungsdirektion Süd, depending on the administrative level. The nature conservation authorities are involved in consultation with the approval authorities (e.g. water management, road construction). Interventions that are not subject to a technical legal procedure are examined and decided by the lower nature conservation authorities in an independent nature conservation procedure.