Definition and Legal Classification of Protected Landscape Elements
Protected Landscape Elements (PLE) are a central tool for special biotope protection and area nature conservation in German nature conservation law. According to Section 29 of the Federal Nature Conservation Act (BNatSchG), this protection category serves to preserve, develop, or restore certain parts of nature and landscape for scientific, natural-historical, or regional reasons, due to their rarity, distinctive character, or beauty, or as habitats for specific wild animals and plants. PLEs exist in both urban and rural areas and primarily concern smaller units such as hedges, groups of trees, old trees, ponds, or green spaces.
Legal Foundations
Federal Regulation (Section 29 BNatSchG)
The legal basis for Protected Landscape Elements in Germany is defined in Section 29 of the Federal Nature Conservation Act (BNatSchG). This regulation specifies what PLEs are, how they can be designated, and what protective effects they have. Furthermore, the BNatSchG refers to the possibility of supplementary and more detailed stipulations by the federal states (state law).
Key Aspects Under Section 29 BNatSchG:
- Protection order: The designation is made by regulation or individual order of the competent nature conservation authority.
- Protected subject: Particularly suitable areas, individual objects, or units of area can be protected landscape elements.
- Purpose of protection: Preservation, development, or restoration of biodiversity, the landscape image, or especially valuable habitats.
- Restrictions on activities: Measures that destroy, impair, or alter the protected landscape element are generally prohibited.
State Law Implementation
Concrete implementation and enforcement are the responsibility of the federal states. Numerous state nature conservation acts contain further provisions regarding requirements, procedures, administration, and extent of protection. The federal states can create their own categories, formulate different protection purposes, and issue regulations concerning enforcement and maintenance. Administration and monitoring are regularly carried out by the lower nature conservation authorities of districts or cities.
Protected Objects and Purposes
Protected Objects
Typical protected landscape elements particularly include:
- Individual trees and avenues
- Hedges, groups of field trees, rows of trees
- Vineyard and dry stone walls
- Traditional orchards
- Ponds, small lakes, wetlands
- Banked hedges, embankments
Selection is based on landscape, biological, and ecological criteria, with the significance as a habitat and function for the biotope network being paramount.
Purposes of Protection
Protection pursues multiple objectives, including:
- Preserving and restoring habitats for animals and plants
- Securing the diversity, distinctiveness, and beauty of nature and landscape
- Protection of special ecological structures
- Preservation of elements of cultural and historical importance
Procedure for Protection Order
Designation Procedure
The designation of a PLE is initiated by the nature conservation authority or on request by third parties, especially citizens, associations, or authorities. The procedure is generally public law in nature and comprises the following steps:
- Initiation of protection process (e.g., by mapping or application)
- Assessment of the need and worthiness for protection by the competent authority
- Participation of the public and stakeholders in a public hearing or participation procedure
- Designation by regulation or individual order
- Official public announcement and entry in the directory or register of protected areas and elements
Participation and Legal Remedies
Participation typically includes:
- Hearing of affected landowners
- Participation of affected specialist authorities and the public
Legal remedies against the designation are available as provided for by the Administrative Court Procedure Code.
Effect and Scope of Protection
Prohibitions and Requirements
Protective regulations are associated with the designation, in particular:
- Prohibition of removal, damaging, or alteration of the protected element
- Approval requirement for exceptions and exemptions (e.g., in construction projects, forestry or agricultural use)
- Obligation to maintain to preserve the protective status
Possibilities for Exceptions and Exemptions
Under certain conditions, the nature conservation authority may grant exceptions or exemptions from the prohibition in individual cases. These are granted especially when there are overriding reasons for the common good or if those affected would suffer undue hardship, provided there are no public interests opposing the protection.
Control and Enforcement Options
Compliance with the regulations is ensured through supervision by the nature conservation authorities. In case of violations, fines may be imposed or orders for removal may be issued.
Protected Landscape Elements in Relation to Other Protection Categories
PLEs are part of the tiered protection system of German nature conservation law and differ from nature reserves, landscape protection areas, and area and individual monuments.
Distinction:
- They generally relate to smaller spatial units or individual objects.
- The level of protection is generally lower than in nature reserves, but more specific compared to general landscape protection.
- PLEs can overlap with other protection categories and thus have supplementary protective effects.
Examples and Practical Application
Examples from Practice
- Individual old trees in a settlement are designated as PLEs to protect rare cavity-nesting birds.
- Field hedges and embankment landscapes are protected as linear biotopes to secure the biotope network in an agricultural landscape.
- Historic dry stone walls are protected for regional and ecological reasons.
Impacts for Owners and Users
Owners of affected areas are subject to usage restrictions but often receive advice and support with maintenance and development in return. Any restrictions are generally accepted without compensation unless expropriation occurs; however, according to state law, compensation claims are not excluded in exceptional cases.
Further Reading and References
- Federal Nature Conservation Act (BNatSchG), in particular Section 29 BNatSchG
- Implementation laws of the federal states
- Commentary on the Federal Nature Conservation Act
- Literature on landscape planning and nature conservation administration
Summary
Protected landscape elements are an important instrument in nature conservation law, serving to preserve ecologically, visually, or historically valuable small structures. The legal requirements for designation, administration, and protective effect are comprehensively regulated, and enforcement is carried out by the competent nature conservation authorities of the states. PLEs thus make a sustainable contribution to securing biological diversity, the landscape image, and environmental quality.
Frequently Asked Questions
What legal foundations govern the designation of Protected Landscape Elements?
The designation of Protected Landscape Elements in Germany is primarily based on the Federal Nature Conservation Act (BNatSchG), in particular Section 29 BNatSchG. Further regulations and clarifications are made at the state level through the respective state nature conservation acts. The legal designation is made by official legal act, usually by regulation or administrative order, and less commonly by statute or specification in development plans. Within these legal frameworks, the scope, purpose, and specific protection requirements are specified for each landscape element. Compliance with the requirements is controlled by nature conservation authorities; violations may result in substantial fines or even criminal consequences.
Who is responsible for monitoring and enforcement of protection?
The primary responsibility for monitoring and enforcement of protection of Protected Landscape Elements lies with the lower nature conservation authorities at the district or independent city level. These authorities ensure that the respective protection requirements under the regulation are observed. They may also carry out on-site inspections, order the rectification of unlawful conditions, and, where applicable, initiate regulatory proceedings. In serious cases, the public prosecutor’s office may also be involved, for example, if a criminal offense under Section 329 of the Criminal Code (“Endangering protected areas”) is suspected.
What uses are legally permissible within a Protected Landscape Element?
Within a Protected Landscape Element, uses are only permissible to the extent that they do not conflict with the purpose of protection. The respective protection ordinance or designation defines which actions are prohibited, permitted, or may be exceptionally approved. Typically, interventions such as removal of woody plants, changes to the water balance, or the construction of structures are prohibited if they impair the protection status. Agricultural, forestry, or horticultural uses may be permitted with restrictions if impairment of the protected assets is excluded or if this is explicitly regulated in the legal provisions. The preservation and safeguarding of the protected elements always takes priority.
Can existing rights, such as to property or use, be restricted by the protected status?
Yes, the protected status of a threatened landscape element can restrict existing usage and ownership rights. The Federal Nature Conservation Act explicitly provides that existing uses may be restricted or prohibited by corresponding regulations if they endanger the protection purpose. In certain cases, owners or users can claim compensation for undue economic disadvantages, which is also regulated in the BNatSchG (§ 68 BNatSchG). The exact modalities and requirements for enforcing claims are specified in the respective state laws and administrative provisions.
Is intervention or exceptions to the protection regulations possible, and how is a decision made?
An intervention or exception to the protection regulations is generally only possible in exceptional cases and after individual assessment by the competent nature conservation authority. Legal provisions state that exceptions may only be granted if the purpose of protection is not significantly impaired or if overriding public interest justifies the exception. The decision must be made in consideration of all relevant legal requirements and by weighing public and private interests. In practice, a written application for an exception or exemption is necessary, on which the authority decides by an appealable order.
What is the significance of Protected Landscape Elements compared to other types of protected areas?
Protected landscape elements represent the lowest threshold level in the German protected area system and thus differ legally and functionally from stricter categories such as nature reserves or national parks. Their scope of protection is more narrowly focused on individual elements or small landscape parts (such as groups of trees, avenues, ponds), while large protected areas pursue a broader and more comprehensive protection objective. Legally, the protective provisions for protected landscape elements are more specific and generally less restrictive than those for other types of protected areas, but compliance with the protection provisions issued remains mandatory.
What legal consequences are possible for violations of protection regulations?
In the event of violations of the protective regulations for Protected Landscape Elements, the responsible nature conservation authorities may impose fines under the Administrative Offenses Act (OWiG). Depending on the severity of the violation and state-specific regulations, fines of up to several tens of thousands of euros may be imposed. In serious cases, such as intentional or repeated endangerment, criminal sanctions under Section 329 of the Criminal Code may also apply if nature conservation assets of significant importance are affected. In addition, measures to restore the original condition (restoration orders) may be imposed. The obligation to remedy any damage caused exists regardless of any fines or penalties.
