Legal Legal Frameworks, Compensation and Landscape Management

Understanding the current legal frameworks of relevant nature conservation laws and regulations is essential for many professions and tasks related to Natura 2000. In particular, the rules concerning the intervention regulations of the Federal Nature Conservation Act (§§ 13-19 BNatSchG) and the provisions related to Natura 2000 (§§ 31-36 BNatSchG), as well as species protection (§§ 44, 45), are of great importance. This applies especially to the strictly protected species listed in Annex IV of the Habitats Directive and Annex I of the Birds Directive. Various models for balancing interventions, such as biotope valuation methods, rules regarding compensation payments, the provision of compensatory measures (eco-account), production-integrated compensation (PIK), and specific preliminary measures for protected species (CEF and NCF measures), are essential tools for managing interventions in Natura 2000-relevant habitats and species. Another key focus is on the principles and practices of landscape- or habitat management, as well as its various funding mechanisms.

The principle of ecological compensation was introduced at the inception of nature conservation legislation in Germany during the 1970s. With the core principles of avoidance and the hierarchy of compensation ➝ replacement ➝ compensatory payments, a unified foundation has been established for all procedures in what is called the "outer area," where the Nature Conservation Act governs the compensation for interventions. Various federal states, such as Bavaria, have issued specific compensation regulations to define evaluation procedures, compensation calculations, and eco-account regulations.

Photo Gallery

Brush harvesting machines, hand sowing, and mowing with the double-blade mower on a hand-guided mower: typical methods and equipment used in landscape management.

In urban land-use planning by municipalities, including land use and development plans, the compensation regulations of the Federal Nature Conservation Act (BNatSchG) are not applied. Instead, separate compensation rules outlined in the Building Code (= Baugesetzbuch) (§ 1a BauGB) are used. However, since the Building Code does not mandate standardized evaluation procedures, habitat assessments can vary significantly between municipalities, often leading to inconsistent evaluations and unequal compensation requirements. 

In addition to the encroachment regulations outlined in the BNatSchG and BauGB, the legal provisions for the protection of species and habitats within the European Natura 2000 network are particularly significant. When interventions or planning affect these areas, an assessment of compatibility with the area’s objectives is required, known as the "FFH impact assessment" ( §§ 33-34 BNatSchG). If species listed in Annex IV of the Habitats Directive or species protected under the Birds Directive may be impacted by a plan, the species protection provisions in the BNatSchG must be applied, referred to as the "special species protection assessment" ( §§ 44-45 BNatSchG). Unlike the encroachment regulations in the nature conservation law, these provisions also apply to areas within villages and urban land-use planning.

Landscape conservation in many regions of Germany is primarily conducted by landscape conservation associations, as well as nature conservation organizations. This effort aims to restore valuable biotopes and preserve habitats where agricultural use is either not feasible or too economically burdensome, or where no farmers are available. Organizational structures, funding, and legal requirements differ from state to state.

Furhter Reading

Habitats Directive: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A31992L0043 

Federal Nature Conservation Act (BNatSchG) Stand 10/2024: https://www.gesetze-im-internet.de/bnatschg_2009/ 

Building Code (BauGB) Stand 12/2023:  https://www.gesetze-im-internet.de/bbaug/ 

Bavarian Compensation Ordinance (BayKompV) Stand 06/2021: https://www.gesetze-bayern.de/Content/Document/BayKompV/true 

Biotope Value List Bavaria: https://www.stmuv.bayern.de/themen/naturschutz/eingriffe/doc/biotopwertliste.pdf 

Homepage of the German Association for Landscape Management (DVL), the umbrella organization of all 188 landscape management associations in Germany: https://www.dvl.org/