Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for protection of a biotope

Description

Protected biotopes are habitats of special plant and animal species. These habitats deserve special protection, either because they are extremely rare, have a high ecological value or are threatened with destruction. Most of the biotopes found here are caused by human activities or can be traced back to certain forms of land use.

There are laws and international agreements to protect these habitats. The state of Saxony-Anhalt has regulated the special biotope protection in § 37 of the Nature Conservation Act.

For the special protection of a biotope, no matter where it is located, its mere existence is sufficient. However, legal protection alone is not sufficient for the preservation of biotopes, which is why active action is required.

Damage and destruction caused by ignorance are also unlawful and the responsible nature conservation authority can use the polluter to restore the original condition. If, for overriding reasons of public interest, such impairments are unavoidable, they may, if they can be compensated or replaced, be approved upon request by the nature conservation authority with conditions for compensation or replacement.

special notes for Administrative District Harz

Certain habitats are protected as legally protected biotopes. These are

1. natural or near-natural areas of flowing and standing inland waters including their banks and the associated natural or near-natural vegetation along the banks as well as their natural or near-natural siltation areas, oxbow lakes and regularly flooded areas,

2. bogs, swamps, reedbeds, sedge meadows, wet meadows rich in sedges and rushes, spring areas, inland salt marshes,

3. open inland dunes, open natural boulder, rubble and scree slopes, clay and loess walls, dwarf shrub, broom and juniper heaths, bristle grasslands, dry grasslands, heavy metal grasslands, forests and scrub in dry and warm locations,

4. quarry, swamp and floodplain forests, ravine, boulder and slope debris forests, subalpine larch and larch-pine forests,

5. open rock formations, caves and near-natural tunnels, alpine grasslands, snow valleys and krummholz scrub,

6. rocky and steep coasts, coastal dunes and beach embankments, beach lakes, lagoons with silting areas, salt marshes and mudflats in coastal areas, seagrass meadows and other marine macrophyte stands, reefs, sublittoral sandbanks, mudflats with boring bottom megafauna and species-rich gravel, coarse sand and shingle beds in marine and coastal areas,

7. lean lowland hay meadows and mountain hay meadows according to Annex I of Directive 92/43/EEC, orchards, stone bars and dry stone walls.

Prerequisites

special notes for Administrative District Harz

There must be a legitimate interest in the significant impairment or destruction of a legally protected biotope.

Required documents

special notes for Administrative District Harz

Submission of a written application. It is advisable to coordinate this in advance by telephone or e-mail.

It is important to answer the following questions: What?/Why?/Where?/When? Provide a current address.

Fees (costs)

special notes for Administrative District Harz

If the biotope can be restored in the same way, an exception is required in advance. A fee range of €12.50 - €1,500 is provided for this exception.

If the biotope cannot be restored, a prior exemption is required. A fee range of € 13.00 to € 3,500 is provided for the exemption.

Responsible body

Whether a biotope is subject to special protection can be inquired at the lower nature conservation authority of the district or the independent city.

For the conservation-friendly care of these areas, the land manager can apply for funding according to nature conservation funding programs at the responsible lower nature conservation authority of the district or the independent city.

special notes for Administrative District Harz

District of Harz / Lower Nature Conservation Authority

Procedure

special notes for Administrative District Harz

As long as no changes are planned to the legally protected biotope, no procedure is required.

The lower nature conservation authority will (gradually) inform the owners of the existence of such biotopes on their land. The biotopes are protected by law. This means that they may not be significantly impaired or destroyed without prior information.

If a legally protected biotope is to be impaired or even destroyed, this must be applied for in writing. Anything that is impaired or destroyed must either be restored in the same way elsewhere or replaced by similar measures.