Concept and significance of landscapes in law
Definition and general classification
The term “landscapes” in a legal context refers to natural spatial units whose configuration, use, and protection are subject to a variety of legal regulations. Landscapes are characterized by the sum of their natural, cultural, and economic structures, with their legal treatment particularly aiming at the conservation, development, and use of these areas. In addition to their ecological value, landscapes often possess social, aesthetic, and economic benefits, which are acknowledged and regulated across different legal fields.
Legal foundations of landscape protection
Constitutional anchoring
The landscape and its protection are constitutionally enshrined in Germany. According to Article 20a of the Basic Law (GG), the state is obligated to protect the natural basis of life. This state objective explicitly includes the preservation of landscapes in their diversity and beauty.
Federal legal regulations
Federal Nature Conservation Act (BNatSchG)
The Federal Nature Conservation Act (BNatSchG) forms the central legal basis for landscape protection at the federal level. Section 1 BNatSchG states the objectives of nature conservation, including the sustainable safeguarding of nature and the landscape. The law differentiates between general landscape protection and the particular protection of landscapes by designating protected areas (e.g. national parks, landscape protection areas, nature parks).
Building Code (BauGB)
Landscapes also receive protection and regulation through the Building Code. According to Section 1(5) BauGB, the interests of nature conservation and landscape management must be taken into account in urban land-use planning. Urban planning aims to minimize interventions in landscapes and to control environmentally compatible development.
Environmental Impact Assessment Act (UVPG)
Another key provision concerns environmental impact assessments under the Environmental Impact Assessment Act (UVPG). For numerous projects, it must be examined to what extent landscapes may be significantly affected by proposed developments. This serves primarily preventive protection.
State-level legal distinctions
Since legislative authority for nature conservation largely rests with the federal states, there are numerous supplementary and more specific provisions at the state level. The states regulate in particular the responsibilities, specific requirements for designating and managing landscape protection areas, as well as procedures for implementing protective measures.
Classification of landscapes according to legal criteria
Protected landscape elements
The law distinguishes between various protection categories:
- Landscape protection areas: Large, clearly defined landscape sections that are specially protected to preserve their function for the landscape image, to secure recreation, and because of their importance for animal and plant life.
- Nature parks: Predominantly large-scale areas that combine protection, management, recreation, and sustainable use.
- Natural monuments and protected landscape elements: Individual objects or small areas due to their special character, beauty, or rarity.
Landscape planning and development
Landscape planning
Landscape planning is the central tool for the proactive development, organization, and safeguarding of landscapes. It is established at the federal, state, and municipal levels and includes, in particular, the preparation of landscape programs, landscape framework plans, and green structure plans.
Intervention regulation
The BNatSchG regulates compensation for impairments of nature and landscape with its so-called intervention regulation (Sections 13 et seq. BNatSchG). Projects that significantly alter landscapes require compensatory or replacement measures.
Interests worthy of protection and usage conflicts
Use and conservation
Legally protected landscapes unite diverse interests of use, including:
- Recreation and leisure
- Agricultural use
- Settlement and infrastructure development
- Protection of biodiversity and natural resources
It is up to the legislature and administration to balance these conflicting interests through weighing decisions in planning and approval procedures.
Protection of internationally recognized landscapes
International agreements such as the UNESCO World Heritage or the Convention on Biological Diversity (CBD) require special protective measures for extensive or culturally and historically outstanding landscapes.
Legal consequences of violations against landscape protection provisions
Administrative offenses and criminal law
Statutory and regulatory provisions for the protection of landscapes are, in some cases, punishable by fines or criminal offenses. Anyone who unlawfully impairs landscapes—for example, through unauthorized interventions such as deforestation, filling in bodies of water, or construction in protected areas—acts in violation of the law.
Enforcement and legal protection
Legal protection is available through administrative courts against interventions in landscapes, with recognized environmental associations being granted special rights to bring actions under the Environmental Legal Remedies Act (UmwRG).
Conclusion and outlook
Landscapes, as natural and cultural entities, are of great and fundamental significance. Their protection and development are governed by a multitude of statutory provisions at the international, national, and regional levels. The law thus helps to balance the competing interests between utilization claims and the preservation of these areas, in order to secure their ecological, social, and cultural functions for present and future generations.
Frequently asked questions
Which legal regulations protect landscapes in Germany?
In Germany, landscapes are protected by a multitude of legal provisions at various levels. The central foundation is the Federal Nature Conservation Act (BNatSchG), which regulates the nationwide protection of nature and landscapes. It is supplemented by the respective state nature conservation laws, which contain detailed regulations on the designation, management, and development of landscape protection areas, nature parks, and national parks. In addition, landscape planning (Sections 9-11 BNatSchG) and the intervention regulation (Section 14 BNatSchG) govern how landscape-defining activities are to be assessed and, if necessary, compensated. EU legal requirements, such as the Fauna-Flora-Habitat Directive (FFH Directive) and the Birds Directive, have been transposed into national law through the Federal Nature Conservation Act and provide additional protection for certain habitat types and species in landscapes. In planning law, landscape protection is enshrined in the Building Code (BauGB), particularly through the designation of green spaces or by granting protection in zoning plans. Municipalities can also enact their own statutes, for example, on natural monuments.
Which interventions in the landscape require approval?
Any intervention that significantly alters the appearance or use of a landscape may require a permit under Section 14 BNatSchG. This particularly includes activities related to construction, installation of facilities, excavations, or afforestation. Within the framework of the so-called intervention regulation, a nature conservation permit for such measures must be obtained. The competent authority examines whether significant impairments to nature and landscape could occur and whether these can be countered by avoidance, mitigation, or replacement measures. If compensation is not possible and the public interest in the measure does not prevail, the permit may be denied. Additionally, further specialist permitting regimes (e.g., under the Water Resources Act, Federal Immission Control Act, or Forest Act) may apply, triggering additional permitting requirements.
To what extent do landscape protection areas play a role in spatial planning?
Landscape protection areas play an important role in German law within spatial and urban land-use planning. They are designated by the authorities under Section 26 BNatSchG and are intended to preserve or develop the characteristic appearance, recreational value, or the functional capability of a landscape’s natural systems. In spatial planning, protected areas are considered so-called hard exclusion zones in regional or land-use plans. This means that certain commercial, industrial, or infrastructural projects are either excluded or subject to strict scrutiny. The planning specifications of the protection area ordinances oppose building or agricultural projects if they conflict with the protection purpose. Planning approval procedures and development plans must strictly comply with the requirements of protection area ordinances; exceptions require special exemptions under nature conservation law.
What rights and obligations do owners of land in protected landscapes have?
Owners of land in protected landscapes are subject to strict usage restrictions. According to the respective protection area ordinances and Section 13 BNatSchG, they must refrain from actions that could endanger the purpose of protection, including large-scale alterations, drainage, afforestation, or the use of plants and fertilizers. On the other hand, they are legally obligated to actively participate in or tolerate protection-relevant measures on their property, such as maintaining certain biotope structures or grassland management. The obligation to provide compensation for interventions must also be observed: if owners wish to undertake mandatory measures, they must implement compensatory or replacement measures. Under certain circumstances, they are entitled to compensation payments if the conditions impose an unreasonable economic burden, as regulated in Section 68 BNatSchG and the respective state laws.
How do landscape protection and management affect agricultural use?
The protection and management of landscapes can significantly restrict agricultural use. Protection area ordinances often prohibit the conversion of grassland, removal of hedges or individual trees, and the use of certain fertilizers and pesticides. For farmers, this means they often have to adopt extensive farming practices or special maintenance measures that go beyond “good professional practice.” At the same time, however, there are numerous funding programs at EU, federal, or state level that financially support landscape-adapted agriculture. Areas subject to nature conservation restrictions are regularly given preference in compensation payments and agri-environmental schemes, in order to maintain the competitiveness of farmers and achieve conservation goals.
What legal options exist to preserve or enhance the landscape?
There are several legal instruments for preserving or enhancing the landscape: typical measures include designating areas as landscape or nature reserves, nature parks, biosphere reserves, or national parks under Sections 21-29 BNatSchG. The establishment of biotope networks (Section 21 BNatSchG), ecological credit areas, as well as voluntary agreements between landowners and nature conservation authorities (e.g. under conservation contracts) also play a significant role. In the context of land-use planning, municipalities can designate green corridors, parks, or forest areas to be kept permanently undeveloped. Finally, landscape planning instruments (landscape framework plans, landscape plans) offer a professional basis for formulating concrete objectives and measures for landscape preservation and integrating them into municipal planning. For interventions, it is also ensured that impacts are compensated by replacement and mitigation measures.
What can citizens do if they notice violations of landscape protection regulations?
Citizens in Germany have several options to take action against violations in the area of landscape protection. They can report administrative offenses such as illegal clearing, construction activities, or environmental pollution to the lower nature conservation authority, the environmental office, or the police. The authorities are then obliged to review the incident and, if necessary, intervene, for example by stopping construction, imposing fines, or ordering restitution. Through the right of association to bring legal actions under Section 64 BNatSchG, recognized environmental and nature conservation organizations can challenge certain official permits or omissions if public interests in landscape protection are affected. Individuals can participate directly or through citizens’ initiatives in public planning procedures and assert objections, in order to ensure the protection of nature and landscape.
