Habitat Conservation and Habitat Management
Service description
Many special habitats of specially protected plant and animal species are legally protected biotopes under Section 30 of the Federal Nature Conservation Act (BNatSchG) or Section 13 of the Hessian Implementation Act for the Federal Nature Conservation Act (HAGBNatSchG). These habitats deserve special protection because they are either extremely rare, have high ecological value, or are threatened with destruction.
Intensive land use, construction projects, pollution, and other factors can destroy such habitats. Any interference with these habitats therefore requires a permit. Damage to or destruction of specially protected biotopes, even if caused by ignorance, is illegal. The party responsible may be required to restore the habitat to its original condition.
In biotope conservation, the focus is on the communities and habitats of various species. Of particular importance for nature conservation are both the
near-natural habitats:
- e.g., 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 silted-up areas, oxbow lakes, and regularly flooded areas; bogs, swamps, reed beds, wet meadows rich in sedges and rushes, spring areas, inland salt marshes; open inland dunes, open natural boulder fields, scree slopes, and talus slopes, clay and loess cliffs, forests and shrublands in dry, warm locations; Floodplain, swamp, and riparian forests; ravine, boulder field, and slope scree forests; or open rock formations
as well as the typical features of the extensively used cultural landscape
- such as heathlands, nutrient-poor grasslands, tree-lined avenues, or scattered orchards in rural areas.
Information on legally protected biotopes is also included in the landscape plans of their cities and municipalities, as well as in the statewide biotope mapping (https://natureg.hessen.de/Main.html).
The nature conservation agency determines whether a site qualifies as a protected biotope.
You can contact the nature conservation agency to find out whether, as the land manager, you can apply for funding under the state’s grant programs to maintain these areas in a manner consistent with nature conservation.
- Hesse Nature Conservation Information System (NATUREG)
(Hesse Ministry of the Environment, Climate Protection, Agriculture, and Consumer Protection)
What documents are required?
When granting an exemption from biotope protection, a decision must generally also be made regarding the impact on nature and the landscape. Therefore, in accordance with the Compensation Ordinance, an impact compensation plan must be submitted with the application. You can also find information on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture, and Consumer Protection under the “Nature Conservation” section.
- Interference with Nature - Mitigation Measures
(Hesse Ministry of the Environment, Climate Protection, Agriculture, and Consumer Protection)
- Interference with Nature - Mitigation Measures
What fees apply?
Administrative actions under nature conservation law are generally subject to a fee. The amount of the fee for an exemption from biotope protection depends on the scope of the measure.
What deadlines do I have to observe?
If no decision is made on a requested exemption from biotope protection within a period of 3 months, the exemption is deemed to have been granted. In all other respects, § 42a of the Hessian Administrative Procedure Act, as amended on January 15, 2010 (GVBl. I, p. 18), applies. The nature conservation authority reviews the application documents and notifies the applicant within one month of receiving the application whether the documents are complete or what additional information is required to fully assess the matter. (Section 3(2) HAGBNatSchG)
Legal basis