Species protection exemption and dispensation

Section 39 of the Federal Nature Conservation Act (Bundesnaturschutzgesetz, BNatSchG) generally regulates the handling of wild animals and wild plants, even if they are not specially protected. Such animal or plant species and their habitats may not be impaired without reasonable cause. This is regulated in particular:

• the commercial collection,
• the burning or other removal of plant stands
• the pruning of reeds, hedges and trees,
• the use of trenchers
• the search for bat roosts in the winter months.

The usual regular pruning of hedges and trees in gardens and parks remains permissible during the vegetation period, as long as e.g. bird nests are spared. Otherwise, details must be checked and, if necessary, clarified with the nature conservation authority.

The impairment of occurrences of specially or strictly protected species is prohibited in accordance with § 44 para. 1 BNatSchG.

This can also affect renovation or conversion measures on buildings that do not require planning permission; e.g. removal of nests (e.g. owls, hawks, swifts) or bat roosts, lizard or grasshopper occurrences (e.g. sunny dry stone walls or gravel areas).

Prohibited are in particular:

• Killing
• Removal from nature (also resettlement)
• Destruction of reproduction or resting places
• Disturbance of species, especially during breeding seasons.

In each case, it must be clarified whether statutory exemptions apply or whether an exception (Article 45(7) BNatSchG) or exemption (Article 67 BNatSchG) is required. When approving actions, interventions, plans or projects (hereinafter referred to synonymously as projects), a rough assessment must therefore be made as to whether the violation of species protection prohibitions is likely. This applies regularly if the construction or operation will have an impact on occurrences of protected species that will lead to a significant increase in the intensity of impact on nature and the landscape compared to the previous state. Examples:

• Destruction or removal of nests
  (e.g. on facades or in attics in the course of thermal insulation measures)
• Removal of special habitat structures
  (e.g. prominent cavity trees, hedges, resting places, rare special biotopes)

In the outdoor area, the following can also be of importance: Attracting or repelling object effects (e.g. light, sound, smells, colours), moving objects (e.g. vehicles, moving parts) or the introduction of structures that are unusual in nature (e.g. horizontal conductor cables, glass panes).

Furthermore, there should be indications of the occurrence of corresponding species due to the habitat structure or for other reasons (e.g. animal droppings in or on buildings, remains of nests). The more these conditions are present, the greater the risk of violation of species protection prohibitions within the meaning of § 44 BNatSchG. Accordingly, these concerns must be investigated in depth.