Legal foundations of entering open countryside
In German law, entering open countryside refers to the right of individuals to access certain natural areas such as forests, fields, meadows, and fallow land under specific conditions for recreational or exercise purposes (e.g., hiking, walking, cycling). These regulations are primarily found in the Federal Nature Conservation Act (BNatSchG) and in various state regulations, serving to balance the public’s recreational interests with the protection of nature and property.
Definition and scope of application
Definition in the Federal Nature Conservation Act
According to § 59 of the Federal Nature Conservation Act (BNatSchG), everyone has the right to access the open countryside on roads and paths as well as on unused land for recreation. This so-called right of access applies regardless of property ownership but is limited to open, unenclosed countryside.
Open countryside
Open countryside refers to areas that are neither built upon nor enclosed or designated for special purposes. This includes, in particular, forests, farmland, moors, riverbanks, and open areas outside of settlements. It is to be distinguished from enclosed areas, private gardens, commercial areas, and fenced or otherwise restricted properties.
Statutory regulations at the federal level
Right of access according to the Federal Nature Conservation Act
The general right of access is governed by § 59 BNatSchG. Accordingly, all natural persons may enter the open countryside within the framework of the law, unless contrary regulations apply, in particular, provisions of nature conservation, forestry law, or private agreements. The right covers walking, staying, and cycling on suitable paths, but not motorized use off designated routes.
Restrictions and duties of consideration
The right of access is subject to certain conditions. There is an obligation to behave considerately, not to cause damage, not to interfere with agricultural or forestry use, and to observe existing prohibitions, e.g., access bans during the growing season or in nature reserves. The right of access must not, in particular, lead to disturbances of peace, wildlife, plant stock, or agricultural work.
Supplementary regulations under state law
Differences among the federal states
State laws specify the requirements of the Federal Nature Conservation Act and may contain different, more specific rules. All federal states grant a right of access to open countryside, but exceptions apply, especially for sensitive areas such as protected areas, certain agricultural land, or areas with particular hazards.
For example, the Bavarian Nature Conservation Act stipulates that riding horses off public roads is not permitted everywhere but must generally occur on designated and marked trails.
Special provisions – forest law and water protection
Provisions of forest law (e.g., the Federal Forest Act and state forest laws) may restrict the right of access, particularly with regard to cycling, the collection of mushrooms, berries, or wood, as well as certain types of use. Water rights (e.g., for swimming or navigating waterways) are also subject to state and private legal restrictions.
Protection of sensitive areas and exclusion of the right of access
Nature reserves and national parks
In nature reserves, national parks, and similar protected areas, especially strict rules usually apply to protect flora and fauna. Here, entry, staying, or certain recreational activities may be wholly or partly prohibited. The applicable protected area regulation specifies what is permitted and what is forbidden.
Agricultural land during use
Arable land that is being cultivated or meadows with standing grass may be temporarily excluded from the right of access. State laws often stipulate that entry is prohibited during the growing or harvesting season to prevent agricultural damage.
Private restrictions and liability
Owners may prohibit access to certain areas (e.g., by enclosures or signs), particularly if there are special hazards or protection needs, but must observe legal boundaries. In principle, entering is at one’s own risk, so the owner is not liable for injuries resulting from typical natural hazards unless a special duty to secure has been breached.
Rights and obligations of property owners
Obligation to tolerate
Property owners are generally required to tolerate legally permitted entry to their land in the public interest. However, they may take protective measures against damage and disturbance, such as visible markings or enclosures, insofar as this conforms to legal regulations.
Restrictions and exceptions
The right of access is excluded when justified protection interests prevail, for example in particularly sensitive areas, residential surroundings, commercial properties, gardens, or during activities that may pose risks to visitors.
Sanctions for breaches of the right of access
Administrative offenses
Violations of the regulations governing access to open countryside—such as entering locked areas, causing damage, or disturbing wildlife and plant life—can be prosecuted as administrative offenses under state and federal law. The responsible nature conservation and forestry authorities are in charge of enforcement and may impose fines.
Criminal consequences
In serious cases, such as severe environmental or property damage, criminal penalties may apply in addition to administrative sanctions.
Practical advice and recommendations for exercising the right of access
- It is strongly recommended to use designated paths and show consideration for flora and fauna.
- Prohibitions on entering and protected areas must always be observed. Notices and signs on site provide further guidance.
- Keep a distance during agricultural activities to avoid damage and conflicts.
- Do not leave litter or cause disturbances to ensure the protection of nature and landscape.
Summary
The right to enter open countryside is derived from the Federal Nature Conservation Act and state regulations and provides people with broad opportunities for nature-based recreation. This right is subject to mutual consideration, but does not guarantee unlimited access to all areas. Numerous protective provisions and special regulations ensure a fair balance between recreation, nature and landscape protection, and property rights. When exercising the right of access, all legal requirements and local specifics should be observed to avoid legal consequences and disruptions.
Frequently asked questions
Is entering open countryside generally permitted in Germany?
Under federal law, particularly the Federal Nature Conservation Act (BNatSchG), entering open countryside is generally permitted (the so-called right of access), unless other legal or private restrictions apply. Private individuals may enter land and forest areas and other open countryside for recreation. However, there are restrictions, such as on land used for agriculture or areas closed to protect special habitats. The right of access may also be specified or restricted by state law, such as nature conservation laws or forest laws. It must always be remembered that entry is at one’s own risk and damage to property or plants must be avoided. Additionally, nature reserves, closed paths, or officially designated areas are excluded from the right of access, and the stricter law always applies.
Are you allowed to leave designated paths in open countryside?
Contrary to the general right of access, route requirements or prohibitions may apply in individual cases. In particular, in nature reserves and national parks, leaving designated paths is usually prohibited to preserve sensitive habitats and protected species. In forests, it is generally permitted to go off the paths unless prohibited by state law, safety considerations, or closures. Areas currently used for agriculture or forestry work should be avoided. Path usage rules may be enforced by signs or public notices that must be observed in case of dispute.
What restrictions apply when entering agricultural land?
Access to agricultural land is subject to numerous restrictions to protect ownership rights and safeguard crops or animals. While arable land may generally be accessed outside the growing season, this is often prohibited during cultivation or management. Meadows or pastures with livestock may only be accessed in many federal states on certain paths or not at all. State laws or local ordinances may restrict the right of access to paths or impose a general ban on certain farmland. Crossing fenced areas without permission is not allowed.
How are cycling and horse riding regulated in open countryside?
Cycling and horse riding are specific forms of use not covered by the general right of access. As a rule, cycling is only permitted on roads and established paths. Horse riding is regulated by state forest and nature conservation laws, which specify where and on which paths riding is permitted. Riding off designated paths or on sensitive natural areas is generally prohibited and may be prosecuted as an administrative offense. Jurisdiction and detailed rules vary by state. Liability insurance for any potential damage should be in place.
Are there special regulations for entering nature reserves?
Yes, nature reserves are subject to stricter rules, which are set out in the relevant protected area regulation or state nature conservation law. Here, the right of access may be severely restricted or even completely excluded. Frequently, leaving specific paths is prohibited, leashing dogs is mandatory, and any disturbance of flora and fauna is forbidden. Violations are prosecuted as administrative offenses and can be punished with fines. Notices or information signs on site must be strictly observed.
What is the liability for accidents when entering open countryside?
When entering open countryside, individuals generally act at their own risk (§ 14 BNatSchG). Landowners or users are liable only for intent or gross negligence, such as where an obvious, unmarked hazard exists. If an area is entered unlawfully (e.g., despite a prohibition sign), claims for damages may be void. The owner’s duty to ensure safety is significantly reduced for the public in open countryside and mainly concerns clearly identifiable dangers that go beyond ordinary risks.
Is bringing dogs allowed when entering open countryside?
Bringing dogs is generally permitted within the right of access but is subject to special regulations. In many federal states and on certain land, particularly nature reserves or during the breeding and rearing season, leashes are mandatory. The respective state regulation, local statute, or on-site signs provide exact guidance. Allowing dogs to run off-leash is mostly not allowed, as it can endanger wildlife or other users.
What penalties can be imposed for violations of access rights?
Breaches of access rights—such as entering restricted areas, leaving designated paths in protected areas, or ignoring mandatory path requirements—may be prosecuted as administrative offenses. Penalties are imposed under the relevant state laws and take the form of fines, the amount depending on the nature and severity of the violation. Serious breaches, especially those resulting in substantial environmental damage, may also have criminal consequences, including claims for damages.
