Biotope protection and maintenance
Service description
Many special habitats of particularly protected plant and animal species are legally protected biotopes in accordance with Section 30 of the Federal Nature Conservation Act (BNatSchG) or Section 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 cultivation, construction work, pollutant inputs and other influences can destroy such habitats. Impairments therefore require authorisation. Damage and destruction of specially protected biotopes caused by ignorance is also illegal. The polluter may be obliged to restore the habitat to its original state.
In biotope protection, the biotic communities and habitats of the various species are at the centre of efforts. Of particular importance for nature conservation are both the
near-natural biotopes:
- z. B.: Natural or near-natural areas of flowing and standing waters including their banks and the associated natural or near-natural vegetation along the banks as well as their natural or near-natural siltation areas, oxbow lakes and regularly flooded areas; Bogs, swamps, reedbeds, wet meadows rich in sedges and rushes, spring areas, inland salt marshes; open inland dunes, open natural boulder, rubble and scree slopes, clay and loess walls, forests and bushes in dry and warm locations; quarry, swamp and riparian forests, ravine, boulder and slope debris forests or open rock formations
as well as the typical elements of the extensively used cultural landscape
- such as heaths, nutrient-poor grasslands, avenues or orchards in outdoor areas.
Information on legally protected biotopes can also be found in the landscape plans of your towns and municipalities as well as the state-wide biotope mapping(https://natureg.hessen.de/Main.html).
The nature conservation authority decides whether a protected biotope exists.
You can ask the nature conservation authority whether you can apply for funding for the conservation-friendly maintenance of these areas as a land manager under state funding programmes.
- Hessian Nature Conservation Information System (NATUREG)
(Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection)
Which documents are required?
In the exception to biotope protection, a decision must usually also be made on an intervention in nature and landscape. An impact compensation plan must therefore be submitted with the application in accordance with the Compensation Ordinance. Information can also be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the Nature Conservation section.
- Interventions in nature - compensation measures
(Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection)
- Interventions in nature - compensation measures
What fees are incurred?
Official acts under nature conservation law are generally subject to a fee. The amount of the exemption from biotope protection depends on the scope of the measure.
What deadlines do I have to observe?
If a decision is not made on a requested exemption from biotope protection within a period of 3 months, it is deemed to have been granted. Otherwise, Section 42a of the Hessian Administrative Procedure Act in the version dated 15 January 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 requires to fully assess the facts of the case. (Section 3 para. 2 HAGBNatSchG)
Legal basis
Typing
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