Concept and legal framework of national parks
Definition of national parks
National parks are large-scale protected areas that serve to protect ecosystems, natural habitats, and biological diversity. They represent natural landscapes whose development is largely free from human interference. National parks are established and managed according to international and national standards, in particular in line with the guidelines of the International Union for Conservation of Nature (IUCN) and based on specific national legislation.
International legal foundations
International requirements (IUCN and UNESCO)
The IUCN classifies national parks under Category II (‘National Park’): protected areas for the conservation of ecological processes, species communities, and biodiversity. National parks can form part of the UNESCO World Heritage or the UNESCO biosphere reserve network, based on agreements such as the Convention on Biological Diversity (CBD) and the World Heritage Convention.
European directives
Many national parks are additionally under the protection scope of the Fauna-Flora-Habitat Directive (Habitat Directive, 92/43/EEC) and the Birds Directive (79/409/EEC), making them part of the European protected areas network Natura 2000.
National law and the establishment of national parks in Germany
Legal foundations at the federal level
In the Federal Republic of Germany, national parks are a legally well-defined type of protected area. The central legal basis is § 24 of the Federal Nature Conservation Act (BNatSchG):
- National parks are large areas with predominantly near-natural ecosystems.
- They are designated by statutory ordinance of the federal states.
- The aim is to give priority to protecting natural dynamics and to largely exclude human use.
Legal foundations at the state level
The specific design of national park regulations is the responsibility of the respective federal states. State nature conservation laws and ordinances govern boundaries, protection provisions, permitted and prohibited activities, as well as management and administrative structures.
Example: The Bavarian Nature Conservation Act (§ 17 BayNatSchG) or the Schleswig-Holstein State Nature Conservation Act (§ 8 LNatSchG S-H) specify the federal legal requirements.
Protection regulations and restrictions on use in national parks
General protection provisions
National parks are subject to comprehensive protection provisions aimed at the permanent conservation of flora, fauna, as well as geological and geomorphological features. Typical legal regulations include:
- Prohibition of economic use such as agriculture and forestry, mineral extraction, construction and infrastructure measures.
- Restricted areas for visitors to minimize disturbance.
- Exceptions and special rules in specially designated zones (buffer zones, development zones).
Zoning concepts
National parks are divided into protection zones with varying degrees of protection provisions:
- Core zones: Here, almost all human interventions are prohibited to allow natural processes to take place undisturbed.
- Buffer zones: Interventions are only permitted if they serve the protection and maintenance of certain habitats or species.
- Development zones: In newer national parks, these facilitate the gradual restoration of areas still under use.
Approval procedures and exemptions
Any project within a national park requires official approval. This includes, for example, research projects, educational activities, necessary infrastructure work, or certain forestry actions.
Approvals are generally handled restrictively and may be granted only if the conservation goal is not endangered. In justified individual cases, exemptions under § 67 BNatSchG may be permitted, for example, in cases of overriding public interest or emergencies such as natural disasters.
Legal status and administration
Sponsorship and administrative structure
National parks are generally managed by their own park administration. The legal entity is usually the competent nature conservation authority of the respective state. These authorities are responsible for drafting, implementing, and monitoring protection provisions.
In addition, there is an obligation to develop and regularly update management plans (national park plans). These plans set objectives, measures, monitoring, as well as guidelines for visitor management and research.
Participation rights, procedures, and legal remedies
Legal participation procedures are stipulated for the creation and expansion of national parks. This allows municipalities, agricultural and forestry users, the public, and specialist agencies to submit comments (see § 73 VwVfG).
Legal remedies against acts designating national parks are governed by administrative law. Typically, the general public may take legal action against unlawful interventions in the national park (associational action under the Environmental Appeals Act).
Significance, special features, and sanctions
Public interest and planning requirements
National parks enjoy special protection within the framework of public interest in nature conservation and landscape management. In government planning, national parks are considered priority areas according to § 8 BNatSchG. They have major importance for the preservation of natural habitats and biodiversity.
Monitoring and sanctions for violations
Violations of protection provisions, such as unauthorised interventions, are prosecuted as administrative offences or, in severe cases, as criminal acts (for example, § 69 BNatSchG). Fines can reach significant amounts, and even imprisonment may be imposed for criminal offences.
Position in the German protected area system
National parks are part of the protected area system according to § 7 BNatSchG, which also includes nature reserves, biosphere reserves, and landscape protection areas. Due to their comprehensive protection concept, national parks are considered the most strictly protected areas of the system, with a prominent status for nature and species conservation.
This article provides a comprehensive presentation of all legal aspects relating to the concept of national parks and aims to deliver as complete and precise an overview as possible on the legal classification and regulation of this type of protected area in the German and international context.
Frequently Asked Questions
Which legal provisions govern the establishment of national parks in Germany?
The establishment of national parks in Germany is mainly governed by the Federal Nature Conservation Act (BNatSchG), particularly §§ 24 and 26. Additionally, the federal states are responsible for the specific designation and administration of national parks, so further state-level regulations and ordinances apply. For a national park, it is mandatory that there is a particular need for protection of the area. The respective state governments enact specific statutory ordinances establishing the boundaries, conservation objectives, prohibitions, and exemptions. The designation process includes a comprehensive environmental impact assessment and the participation of the public and affected municipalities (§ 22 BNatSchG). The main objective of the legal regulations is to preserve or restore the natural condition of the area, so that human interference is only permitted to a very limited extent or within the framework of defined management measures.
What protection regulations apply to visitors in national parks?
Strict special protection rules apply to visitors in national parks. This particularly includes the requirement to stay on marked trails, which means that leaving marked trails in the core zone of a national park is generally prohibited. Further, the collection of plants, disturbing or capturing animals, camping or wild camping is legally forbidden. Open fires, making of barbecue spots, and leaving litter are expressly prohibited and can be punished as administrative offences or crimes as appropriate. Swimming in lakes or rivers, as well as driving vehicles or boats, is also strictly regulated in the respective national park ordinance. Violations of these protection regulations may result in fines.
What impact does national park status have on the property and usage rights of private individuals affected?
Private landowners whose land is included in a national park are subject to special restrictions on usage. Forestry and agricultural activities are highly regulated or, in individual cases, even prohibited. Existing usage rights such as hunting or fishing rights may be restricted or withdrawn for compensation. Expropriation of private land occurs only as a last resort if no agreement is reached. However, landowners may often claim continuity of use or compensation measures, the details of which are regulated in the respective state nature conservation law and national park ordinance. Compensation is determined in accordance with the principles of social responsibility of property as per Art. 14 of the Basic Law.
What is the legal significance of zoning in a national park?
National parks are legally divided into different protection zones, which are precisely defined in the respective state regulations. The usual distinction is between the core zone (total reserve), buffer zone, and development zone. In the core zone, human interference is almost entirely prohibited and the area is devoted to process protection. The buffer zone protects specific biotopes and may permit special maintenance and development measures. In the development zone, limited human usage and management measures to support site development may be allowed. Zoning is legally binding and violations are subject to administrative sanctions. It primarily serves the differentiated implementation of the conservation concept.
To what extent are economic activities within national parks restricted by law?
By law, all economic activities in national parks are reduced to a minimum or completely prohibited if they conflict with the conservation purpose. This applies both to raw material extraction and to commercial forestry and agriculture. Special permits for economic activities can only be granted by exception, usually within the buffer or development zone, if they are consistent with conservation objectives. Tourist activities, such as guided hikes or environmental education, are only permitted under strict conditions and usually only with prior approval. The legal basis for this is the Federal Nature Conservation Act and the respective national park ordinances of the federal states.
What special provisions apply to interventions and changes from public projects in national parks?
Human interventions, especially through infrastructure projects such as construction of roads, wind turbines, transmission lines or other facilities, are largely prohibited in national parks by law. Exceptions may only be made if there are compelling reasons of overriding public interest and there are no alternatives. This requires a strict nature conservation review (§ 34 BNatSchG), focusing on the conservation status of the protected area and its conservation purpose. In such cases, legally binding compensation measures must be implemented to offset the interventions. Violations result in both civil and administrative legal consequences.
