Administration and Responsibilities
Article 72 of the German “Grundgesetz” (GG) establishes that nature conservation and landscape management in Germany are governed by concurrent legislation, including the Federal Nature Conservation Act (BNatSchG) and state law. While the states can enhance national law and, in some cases, enact differing regulations, they are not permitted to deviate from "[...] the general principles of nature conservation, species protection law, or marine conservation law" (Article 72.3 of the Grundgesetz).
The enforcement of these laws primarily falls to the states (see Article 30 GG), making the state authorities responsible for nature conservation and landscape management. Through state legislation, nature conservation tasks may be delegated to municipalities (see § 7 BNatSchG). In addition to the responsibilities of the federal states, the BNatSchG designates specific duties to the Federal Agency for Nature Conservation (BfN) (§ 3, Para. 1 BNatSchG).
Federal-Level Nature Conservation
At the federal level, nature conservation tasks are managed by the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV). This work is supported by the relevant specialized authorities, including the Federal Agency for Nature Conservation (BfN) and the Federal Environment Agency (UBA).
The BMUV’s main responsibilities include drafting legislative proposals (laws), issuing regulations, and representing Germany on international matters related to nature conservation, in close cooperation with the federal states. Additionally, the BMUV funds research and development programs, such as the Federal Program for Biological Diversity, and carries out corresponding press and public relations work (see BMUV 2021).
The responsibilities and tasks of the BfN include the enforcement of federal nature conservation tasks, particularly regarding marine and species protection, as well as providing scientific and technical support to the BMUV on issues related to nature conservation, landscape management, and international collaboration. Additional tasks include promoting conservation projects and research initiatives, and publishing data and research findings (see § 2 Law on the Establishment of the Federal Agency for Nature Conservation, BfN 2022).
Additional federal agencies involved in nature conservation, particularly regarding national natural heritage sites and Natura 2000 sites located on military training grounds, include the German Armed Forces, the Institute for Federal Real Estate, and the German Federal Environmental Foundation (see German Armed Forces 2021, Institute for Federal Real Estate 2022, German Federal Environmental Foundation).
State-Level Nature Conservation
The specific responsibilities of each stated is outlined in their respective nature conservation laws. In most states, the nature conservation administration is organized into two or three levels. The higher nature conservation authority is the relevant ministry, while in some states, a middle authority exists that is divided either regionally or statewide (regional councils, district governments). The lower nature conservation authorities consist of independent cities and counties (see Bogumil & Jann 2005).
Sources
Federal Nature Conservation Act (BNatSchG), as amended by Article 1 of the law from July 20, 2022. (BGBl. I S. 1362, 1436).
Law on the Establishment of a Federal Agency for Nature Conservation, amended by Article 289 of the ordinance from June 19, 2020 (BGBl. I S. 1458; changed by BGBl. I S. 1328)
Basic Law for the Federal Republic of Germany, as last amended by Article 1 of the law from June 28, 2022 (BGBl. I S. 968).
BfN (2022): BfN (2022): Our Tasks, available at https://www.bfn.de/en/tasks
BMUV (09.12.2021): BMUV (2021): Ministry: Tasks and Structure, available at https://www.bmuv.de/en/ministry/tasks-and-structure
Institute for Federal Real Estate (2022): Protected Areas and Environmental Law, available at https://www.bundesimmobilien.de/schutzgebiete-and-umweltrecht-82b9248b2efab385.
German Armed Forces (2021): 50 Years of German Armed Forces and Environmental Protection. availabe at https://www.bundeswehr.de/de/organisation/infrastruktur-umweltschutz-und-dienstleistungen/aktuelles/schwerpunktthemen/
Bogumil, J., & Jann, W. (2005): Administration and Administrative Science in Germany. Wiesbaden: Springer.
German Federal Environmental Foundation: DBU Natural Heritage, availabe at https://www.dbu.de/en/natural-heritage/