responsibility finder
Schleswig-Holstein

Nature conservation: Interventions in nature/environment - approval

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Interventions in nature and the landscape require approval. Such interventions requiring approval are

  • Changes to the shape or use of land or
  • changes to the groundwater level associated with the living soil layer,

which may significantly impair the performance and functionality of the ecosystem or the landscape.

The following arenot considered interventions

  • agricultural, forestry and fishing land use, provided that the objectives and principles of nature conservation and landscape management are taken into account,
  • the resumption of agricultural, forestry and fishing land use that was temporarily restricted or interrupted due to contractual agreements with the nature conservation authority or due to participation in public programs to restrict management, provided that the resumption of use takes place within 10 years of the expiry of the contractual agreement or the program to restrict management.

Likewise, maintenance measures on bodies of water pursuant to Section 38 of the State Water Act (WasG SH) and nature conservation measures ordered or promoted by the nature conservation authorities for the creation, maintenance and development of areas and landscape elements arenot interventions.


Who should I contact?

To the districts or independent cities (lower nature conservation authorities).

Which documents are required?
  • Plan,
  • Description of the intervention,
  • all information required to assess the project.

For large infrastructure projects in particular, a so-called "nature conservation report" is required. This should contain

  • the project description,
  • the determination of the likely impact on nature and the landscape and
  • a description of the options for avoiding or minimizing the impact as well as compensatory and/or replacement measures.

It is recommended that the responsible authority be contacted at an early stage in this regard.

What are the fees?

According to the state ordinance on administrative fees

  • for simple procedures: Fees in the amount of 10.00 Euro to 1,020.00 Euro and
  • for particularly complex procedures: Fees of 1,020.00 euros to 10,230.00 euros.

For projects that are also subject to the obligation to carry out an environmental impact assessment or an impact assessment, additional fees of up to 60% of the above-mentioned fee rate may apply.

What deadlines do I have to pay attention to?

Approval must be applied for before the measure is implemented.

Legal basis
  • § Section 14 of the Federal Nature Conservation Act (BNatSchG),
  • Nature Conservation Act (Landesnaturschutzgesetz - LNatSchG),
  • Water Act of the State of Schleswig-Holstein (Landeswassergesetz - WasG SH),
  • State Building Code for the State of Schleswig-Holstein (LBO),
  • State Ordinance on Administrative Fees (General Tariff of Fees) tariff item 14.1.5 - VwGebV.
Applications / forms

Informal application.

What else should I know?

In special cases, a species protection assessment in accordance with Sections 44, 45 BNatSchG must be carried out, which is also subject to a fee.

Author

The text was automatically translated based on the German content.

Who should I contact?

To the districts or independent cities (lower nature conservation authorities).

Which documents are required?

  • Plan,
  • Description of the intervention,
  • all information required to assess the project.

For large infrastructure projects in particular, a so-called "nature conservation report" is required. This should contain

  • the project description,
  • the determination of the likely impact on nature and the landscape and
  • a description of the options for avoiding or minimizing the impact as well as compensatory and/or replacement measures.

It is recommended that the responsible authority be contacted at an early stage in this regard.

What are the fees?

According to the state ordinance on administrative fees

  • for simple procedures: Fees in the amount of 10.00 Euro to 1,020.00 Euro and
  • for particularly complex procedures: Fees of 1,020.00 euros to 10,230.00 euros.

For projects that are also subject to the obligation to carry out an environmental impact assessment or an impact assessment, additional fees of up to 60% of the above-mentioned fee rate may apply.

What deadlines do I have to pay attention to?

Approval must be applied for before the measure is implemented.

Legal basis

  • § Section 14 of the Federal Nature Conservation Act (BNatSchG),
  • Nature Conservation Act (Landesnaturschutzgesetz - LNatSchG),
  • Water Act of the State of Schleswig-Holstein (Landeswassergesetz - WasG SH),
  • State Building Code for the State of Schleswig-Holstein (LBO),
  • State Ordinance on Administrative Fees (General Tariff of Fees) tariff item 14.1.5 - VwGebV.

Applications / forms

Informal application.

What else should I know?

In special cases, a species protection assessment in accordance with Sections 44, 45 BNatSchG must be carried out, which is also subject to a fee.

Author

The text was automatically translated based on the German content.

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