Biotope protection and biotope maintenance

  • Performance specification

    Many special habitats of particularly protected plant and animal species are legally protected biotopes according to § 30 of the Federal Nature Conservation Act (BNatSchG) or § 13 of the Hessian Implementation Act to the Federal Nature Conservation Act (HAGBNatSchG). These habitats deserve special protection because they are either extremely rare, have a high ecological value or are threatened with destruction.

    Intensive cultivation, construction work, pollutant inputs and other influences can destroy such habitats. Therefore, impairments require a permit. Damage to and destruction of specially protected biotopes due to ignorance is also illegal. The polluter can be obliged to restore the original condition.

    Biotope conservation focuses on the biotic communities and habitats of the various species. Of particular importance for nature conservation are both the

    near-natural biotopes:

    • z. B.: Natural or near-natural areas of flowing and standing water bodies including their banks and the associated natural or near-natural vegetation along the banks as well as their natural or near-natural siltation areas, oxbows 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, rubble and scree slopes, loam and loess walls, forests and shrubbery of dry-warm locations; swamp and alluvial forests, ravine, boulder and slope rubble forests or open rock formations.

    as well as the typical elements of the extensively used cultural landscape

    • such as heaths, rough grasslands, avenues or orchards in outdoor areas.

    Information on legally protected biotopes is also provided in the landscape plans of their cities and municipalities as well as in the state-wide biotope mapping(https://natureg.hessen.de/Main.html).

    The nature conservation authority decides whether a protected biotope exists.

    You can ask the nature conservation authority whether you can apply for funding under the state's funding programmes for the conservation-oriented management of these areas as a land manager.

  • Which documents are required?

    In the exception to biotope protection, a decision must usually also be made on an intervention in nature and landscape. Therefore, according to the Compensation Ordinance, an intervention compensation plan must be submitted in the application. Information can also be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the Nature Conservation section.

  • What are the fees?

    Official acts under nature conservation law are usually subject to a fee. The amount of the exemption from biotope protection depends on the scope of the measure.

  • What deadlines do I have to observe?

    If no decision is taken on a requested exception to biotope protection within a period of 3 months, it shall be deemed to have been granted. In all other respects, section 42a of the Hessian Administrative Procedure Act in the version of 15.01.2010 (GVBl. I p. 18) shall apply. The nature conservation authority shall examine the application documents and inform the applicant within one month of receipt of the application whether the documents are complete or what further information it requires for a complete assessment of the facts. (§3 para. 2 HAGBNatSchG)

  • Legal basis


Who do I need to contact?

the lower nature conservation authority: district administration or, in the case of towns with more than 50,000 inhabitants, - the municipal administration.

Responsible departments

Responsible staff