Soil extraction permit

The requirement to obtain a permit for the extraction of mineral resources arises from

• for mineral resources subject to mining law under the Federal Mining Act (BBergG). The mineral resources subject to mining law are listed in § 3, paragraphs 3 and 4, of the BBergG.
• for all other mineral resources
  • if mining results in the creation or significant alteration of a body of water, pursuant to the
    Water Resources Act (WHG).
  • when mining is done using the dry method,
    • the mining area exceeds 10 hectares or blasting is used, pursuant to the Federal Immission Control Act
      (BImSchG),
    • the excavation area is less than 10 ha and no blasting is involved, according to the Hessian
      Building Code. According to these regulations, excavation requires a building permit
      if the depth exceeds 2 meters or if the excavation area is larger than 30 m² in a built-up inner area
      or larger than 300 m² in an outer area.

In all cases, a permit for intervention under nature conservation law is generally required in accordance with the Hessian Law on Nature Conservation and Landscape Management (Hessian Nature Conservation Act—HENatG).