Definition and significance of protected areas in nature conservation law
Protected areas are demarcated spaces established on a legal basis to sustainably secure, preserve, or restore nature, landscapes, and the species and habitats found therein. Their purpose is to protect the functionality and performance of natural ecosystems, to conserve the diversity, uniqueness, and beauty of nature and landscapes, and to enable their further development. The system of protected areas is a central instrument of nature conservation law at the international, European, and national levels.
Legal foundations for protected areas in German nature conservation law
International agreements
International agreements such as the Convention on Biological Diversity (CBD), the Ramsar Convention on Wetlands, the Bern Convention, and UNESCO Biosphere Reserves provide a foundation for the designation and protection of protected areas at the global level. These treaties oblige member states to establish and maintain appropriate networks of protected areas.
European law
In the European context, the Fauna-Flora-Habitat Directive (Habitats Directive, 92/43/EEC) and the Birds Directive (79/409/EEC, now 2009/147/EC) are particularly relevant. The resulting ‘Natura 2000’ network is the largest contiguous protected area network worldwide and includes Habitats Directive areas and EU bird protection areas. The directives require member states to designate, protect, and implement appropriate measures for areas of community importance to maintain or restore a favorable conservation status of protected habitats and species.
National and state law
In German law, the Federal Nature Conservation Act (BNatSchG), in conjunction with the state nature conservation laws, regulates the type, content, designation, maintenance, and management of protected areas. The states are empowered, due to their legislative competence, to implement protected area law concretely. The system of protected areas is regulated in Sections 22-36 of the BNatSchG and is divided into national and state-specific area categories.
Categories of protected areas under German law
Nature reserves (§ 23 BNatSchG)
Nature reserves are areas where nature and landscapes are especially protected in order to preserve, develop, or restore certain species and habitats. All actions that could lead to the destruction, damage, or alteration of the area are prohibited. In exceptional cases, exemptions from these prohibitions can be granted.
National parks (§ 24 BNatSchG)
National parks are large-scale areas intended to allow for a largely undisturbed natural experience and dynamic development processes. The use of nature is generally prohibited here, unless it is compatible with the purpose of protection. The aim is to protect natural dynamics.
Biosphere reserves (§ 25 BNatSchG)
Biosphere reserves are large protected areas serving as model regions for sustainable development. Alongside the protection of nature and cultural landscapes, testing and developing sustainable economic practices is a central concern here.
Landscape protection areas (§ 26 BNatSchG)
These areas serve to preserve, develop, or restore the diversity, uniqueness, and beauty of the landscape, or their special importance for recreation. Less strict usage restrictions apply here than in stricter area categories.
Nature parks (§ 27 BNatSchG)
Nature parks are areas where the protection and sustainable use of natural and cultural landscapes, recreation, environmental education, and sustainable tourism are combined.
Protected biotopes (§ 30 BNatSchG)
Certain types of biotopes are protected by law independently of formal designation. Alteration or destruction of these biotopes is generally prohibited.
Natura 2000 sites (§§ 32-34 BNatSchG)
‘Natura 2000’ covers Habitats Directive and EU bird protection areas. The protection regimes are governed by the respective directives and transposed into national law. Activities that may cause significant adverse effects on protected interests are subject to an impact assessment.
Procedure for the designation of protected areas
Determination procedures and enactment of statutory ordinances
In Germany, protected areas are usually established by administrative acts, mostly by statutory ordinance of a competent authority (usually at state level or by subordinate nature conservation authorities). The involvement of public stakeholders and public participation are regulated by the respective state laws.
Boundary delimitation and determination of conservation value
Boundary delimitation is based on nature conservation criteria and detailed mapping, which documents ecological value, threats, and necessary protection measures.
Legal effects and prohibitions/regulations in protected areas
General legal consequences
Depending on the category, protected areas are subject to various prohibitions, restrictions, and obligations. These may affect access rights, driving, management, construction, water extraction, dealings with animals and plants, or other measures.
Exemptions and exceptions
In individual cases, an exemption may be granted if this is compatible with the conservation purpose and overriding public interest or nature conservation concerns justify it.
Monitoring and sanctions
Monitoring of compliance with area regulations is the responsibility of the nature conservation authorities. Violations of area regulations are considered administrative offenses, or— in serious cases—criminal offenses (Sections 69, 71 BNatSchG) and may be punished with fines or imprisonment.
Management, maintenance, and development of protected areas
Management and development plans
For many protected areas, management and development plans are drawn up, setting out protection objectives, measures for conservation and development, and management requirements. Responsibility for implementation lies with authorities, foundations, nature conservation associations, or affected owners and users.
Participation of private and public interests
Owners, users (e.g., farmers and foresters), and municipalities are involved in protected area management. Compensation and balancing payments are legally provided for if usage restrictions arise due to protected area designations (Sections 68 ff. BNatSchG).
Legal protection and options for legal action
Administrative court legal protection
Those affected may pursue administrative court action against the designation of protected areas and prohibitions therein, provided their own rights are affected. Lawsuits by environmental associations under the Environmental Remedies Act (UmwRG) are also possible, particularly regarding Natura 2000 area protection.
Significance and future prospects
Protected areas are essential pillars of nature conservation law and play a key role in biodiversity conservation, adaptation to climate change, and the sustainable development of landscapes. Their legal regulations are subject to continuous adjustment to meet current scientific, societal, and ecological challenges. The system of protected areas is interconnected with international, European, and national strategies for securing natural livelihoods.
Sources:
- Federal Nature Conservation Act (BNatSchG)
- Fauna-Flora-Habitat Directive (92/43/EEC)
- Birds Directive (2009/147/EC)
- Ramsar Convention
- Convention on Biological Diversity (CBD)
- State nature conservation laws
Note: This article serves general informational purposes only and does not replace individual legal advice.
Frequently Asked Questions
Who is responsible for the designation of protected areas in nature conservation?
In Germany, responsibility for the designation of protected areas is divided between the federal government and the states and is regulated in the Federal Nature Conservation Act (BNatSchG) as well as the respective state nature conservation laws. The basic principle is state sovereignty: the specific designation of nature reserves, landscape protection areas, natural monuments, and protected landscape components falls to the federal states. Municipalities or subordinate authorities can also act within their competences. The federal government, on the other hand, establishes overarching regulatory frameworks—especially regarding national parks and biosphere reserves. For Natura 2000 sites (Habitats and Birds Directive areas), which are based on European requirements, designation is also carried out by the states, although in cooperation with the federal government, particularly regarding reporting and notification obligations to the European Commission. The procedural designation usually occurs via statutory ordinance or, in individual cases, by law, following a comprehensive professional justification, public participation, and consultation of affected owners, as well as consideration of conflicting interests.
What legal protection provisions apply in nature reserves?
Nature reserves are subject to particularly strict legal protection provisions, derived from the Federal Nature Conservation Act (§ 23 BNatSchG) and the respective ordinances of the federal states. The basic rule is the prohibition of deterioration: all activities that could endanger or disturb the protected area or its assets are prohibited. This includes construction, the erection of facilities, operating agriculture or forestry (outside specific regulations), capturing or killing animals, and removing plants or soil. Exceptions may be allowed by statutory ordinance, as long as they do not contravene conservation objectives. Path regulations may restrict access to designated routes, and hunting is generally subject to restrictions. Protection ordinances include detailed catalogs of prohibitions and permissions tailored to the specific needs and values protected (such as certain biotopes or species). Violations are prosecuted as administrative offenses and may result in significant fines or, in individual cases, criminal sanctions.
How are the boundaries of protected areas legally defined and published?
The legal establishment of protected areas occurs by statutory ordinance or, less commonly, by law. The ordinance defines the boundaries of the protected area clearly through maps and textual description. These documents are part of the ordinance and are made publicly available and published in the official gazette or a comparable official medium. In addition, the protected area boundaries are recorded in cadastral and land registry offices, so every citizen can obtain legally reliable information on their location and scope. Typically, protected area ordinances and maps are also accessible online. Owners and entitled users are often informed separately, especially if their interests are directly affected.
What rights and duties do property owners have within protected areas?
Property owners and those entitled to use land within protected areas are subject to both restrictions on their usage rights and specific obligations to tolerate and cooperate. The constitutional guarantee of property (Art. 14(1) Basic Law) remains intact; however, nature conservation laws may prohibit or restrict use, farming methods, or development. Resulting restrictions are partially compensated by offsetting and replacement measures; in special cases of unreasonable impairment, there is entitlement to compensation (Section 68 BNatSchG). Owners are obliged not to impair the conservation purpose—this may include applying specific management methods or refraining from actions that endanger the purpose of protection. As part of monitoring, property owners must allow access for inspection authorities to the required extent. Planned changes in use, construction, or similar may require approval under nature conservation law.
How are the enforcement and monitoring of protected area rules organized?
Enforcement of the nature conservation rules for protected areas is the responsibility of the nature conservation authorities of the respective federal states. These are governmental tasks, and implementation can be enforced if necessary. The lower nature conservation authority is usually responsible for day-to-day monitoring, carrying out inspections, checks, and pursuing violations. State offices may have special responsibilities, for example in species and biotope protection. Authorities may make use of the nature conservation watch, comprised of expert volunteers, to fulfill their monitoring duties. In addition to field inspections, file reviews are conducted, particularly for planned projects. Violations can result in fines, orders to remove or restore, or usage prohibitions. For serious violations, criminal penalties are also available.
How do nature conservation protected areas interact with other legal protection regimes (e.g. monument protection, forestry legislation)?
Protected areas under nature conservation law may overlap with other legal protection categories, such as water law, forestry law, or monument protection. The principle of mutual consideration and observance of legal hierarchy applies: stricter or more specific protection regulations take precedence over general rules, insofar as they relate to the particular legal interest. However, the interests of nature conservation and other protected goods must be weighed in each case. This is addressed via administrative balancing processes during permit procedures. Conflicts are resolved in administrative proceedings, which may be subject to review by administrative courts.
What legal possibilities exist for challenging the designation or regulations of a protected area?
Those affected can take legal action against the designation or specific regulations of a protected area. The key procedure here is judicial review (§ 47 VwGO), which allows the legality of statutory ordinances to be examined. Applicants are primarily those whose rights are directly affected by the protective ordinance, such as property owners or holders of usage rights. In addition to individual lawsuits, there is also the possibility of so-called association actions in certain cases: Recognized nature conservation organizations under § 63 BNatSchG may have compliance with nature conservation regulations judicially reviewed. Furthermore, public participation is already provided for during the designation procedure: As part of public participation, comments and objections may be submitted, which must be taken into account in the balancing decision.
Are there claims for compensation for economic disadvantages resulting from protected area regulations?
Yes, in principle, claims for compensation may arise if the protected area regulations impose unreasonable restrictions on ownership or another real legal position. The relevant legal basis is § 68 BNatSchG, which provides for compensation in the case of unreasonable burdens. The threshold for what is considered reasonable is assessed strictly both legally and factually; not every economic impairment gives rise to a claim, but only substantial ones that affect the core of ownership (so-called definition and limitations of property in accordance with Art. 14 GG). Enforcement is via application to the competent authority, which issues an administrative act regarding the compensation. In case of disputes, the claim can be pursued before the administrative courts. However, in most cases, compensation and balancing measures as well as facilitations within the framework of the protection regime must be considered as a priority before compensation is an option.
