Definition and basics of nature restoration
Die Nature restoration refers to all legally regulated measures for the rehabilitation and repair of damaged or destroyed ecosystems, landscapes, and habitats. The term encompasses both the full range of environmental regeneration measures and the underlying legal frameworks at the international, European, national, and regional levels. The goal is the restoration of biodiversity, promotion of ecological functions, and the long-term safeguarding of the natural balance.
Legal basis of nature restoration
International environmental law
International environmental law forms the overarching framework for measures aimed at the restoration of nature. Important multilateral agreements set binding requirements and objectives:
- Convention on Biological Diversity (CBD, Rio Convention): Article 8 obliges the contracting parties to restore or rehabilitate damaged ecosystems.
- Convention to Combat Desertification (UNCCD): Promotes measures for the regeneration of degraded soils and ecosystems.
- Ramsar Convention: Requires contracting parties to restore and protect wetlands according to internationally established criteria.
European environmental law
The European Union has issued various directives and regulations that directly or indirectly contain provisions on the restoration of nature:
- EU Biodiversity Strategy 2030: Binding goal to preserve and restore ecological functions and biodiversity (including by means of renaturation).
- Proposal for an EU Nature Restoration Regulation (Nature Restoration Law): For the first time, imposes a legal obligation on Member States to preserve a minimum proportion of natural areas and to implement corresponding restoration measures.
- FFH Directive (Habitats Directive, 92/43/EEC): Obligates Member States to preserve, restore and sustainably manage natural habitats.
- Water Framework Directive (2000/60/EC): Sets objectives for restoring the good ecological and chemical status of water bodies.
- EU Birds Directive (79/409/EEC): Includes measures for the restoration of habitats of wild bird species.
National implementation in Germany
In Germany, nature restoration is primarily governed and implemented by the following laws:
Federal Nature Conservation Act (BNatSchG)
The Federal Nature Conservation Act is the central law regulating nature conservation requirements:
- § 13 BNatSchG (Intervention rule): Those who cause interventions in nature and landscape are obligated to avoid or compensate for impairments, including through restoration measures.
- § 15 BNatSchG (Compensation and offsetting): Specific order of measures to restore natural goods in case of interventions.
- § 19 BNatSchG (Nature conservation restoration of biotopes and species habitats)
Water Resources Act (WHG)
According to the WHG, the federal states are obliged to restore the hydrology and ecological functions of water bodies, provided their condition has been impaired.
Statutory provisions at state level
The federal states have their own nature conservation laws for implementing federal and European regulations, which include corresponding obligations for nature restoration.
Legal aspects of the obligation to restore
Causes and triggers for restoration measures
From a legal perspective, various triggers can lead to an obligation for nature restoration:
- Damage caused by third parties (e.g. construction projects, industrial accidents)
- Official order as a consequence of nature conservation or water law procedures
- Voluntary projects as part of corporate social responsibility (CSR)
Duties and responsibilities
Those obligated to carry out nature restoration measures are fundamentally:
- The party causing the intervention in nature and landscape (polluter pays principle)
- In cases of extensive historical damage: landowners or the state
- Authorities acting within environmental or nature conservation programs
Measures and implementation
Legally recognized restoration measures include, among others:
- Renaturation of rivers and lakes
- Reforestation of damaged forests
- Creation of biotopes and wetlands
- Removal of technical structures (e.g. straightening, drainage ditches)
- Remediation of contaminated sites
Implementation is often based on a restoration plan, which is approved and monitored by the competent authority. In particular, the intervention rules and compensation obligations are the typical case in practice.
Monitoring and control
The lawful implementation of restoration measures is monitored by the responsible authorities. This includes environmental, nature conservation, and water authorities at municipal, state, and federal level. Compliance with the measures can, if necessary, be enforced by administrative acts, substitute performance, or coercive penalties.
Sanctions for violations
If obligations for restoration are not implemented or are implemented inadequately, various sanctions may be imposed:
- Fines or administrative penalties
- Administrative enforcement, including substitute performance at the expense of the obligated party
- Claims for damages from affected parties or the state
Public participation and legal remedies
Public participation is legally required in numerous procedures relating to nature restoration. This applies in particular to major interventions, planning approval procedures, and environmental impact assessments. Affected parties and environmental associations can raise objections and, within the framework of environmental law, for example, file lawsuits to enforce restoration measures.
Objectives and significance
Nature restoration serves to achieve the following legally binding objectives:
- Protection and promotion of biodiversity
- Improvement of the ecological condition of soil, water, and air
- Adaptation to climate change and fulfillment of international climate protection commitments
- Strengthening the resilience of ecosystems against human-induced and natural influences
Literature and web links
- Convention on Biological Diversity (CBD)
- <a href="https://www.gesetze-im-internet.de/bnatschg2009/”>Federal Nature Conservation Act (BNatSchG)
- <a href="https://environment.ec.europa.eu/topics/nature-and-biodiversity/eu-biodiversity-strategy-2030de”>EU Biodiversity Strategy
- Proposal for the EU Nature Restoration Regulation (Nature Restoration Law)
This article provides a legal overview of the term “nature restoration” and examines all key regulatory areas of environmental and nature conservation law in the context of restoration obligations.
Frequently asked questions
What legal frameworks govern the restoration of nature in Germany?
The legal basis for nature restoration in Germany is essentially anchored in the Federal Nature Conservation Act (BNatSchG). This obliges the federal and state governments to preserve and restore nature and landscape as well as to promote biodiversity. The decisive provision is § 1 BNatSchG, which requires damaged or destroyed natural resources to be regenerated by appropriate measures. There are also specific provisions in various state nature conservation laws that specify the requirements at the regional level. At the European level, the EU Nature Restoration Regulation (Nature Restoration Law) is binding and provides a mandatory framework for restoration measures, e.g., of peatlands, rivers, or forests. Provisions can also be found in the Environmental Impact Assessment Act (UVPG), which sets strict requirements for compensatory and replacement measures in the case of potential interventions, so as to restore the original state. The Water Resources Act (WHG) also prescribes, for example, the restoration of rivers. All these provisions become legally binding through official approvals and conditions; violations may result in fines and enforcement measures.
Who is legally obliged to carry out measures for the restoration of nature?
The legal obligation to carry out measures for the restoration of nature primarily affects those responsible for the damage, as typically arises in the context of interventions within the meaning of nature conservation law (§ 14 ff. BNatSchG). Responsible parties may be private individuals, companies, or public institutions. The obligation to implement compensatory or substitute measures is regularly imposed in connection with approval procedures for construction projects, infrastructure projects, or agricultural uses. In addition, landowners may, under certain conditions, be obliged to tolerate or even actively help shape specific renaturation measures on their land. Furthermore, it is the responsibility of the federal states and municipalities, in the exercise of their administrative powers, to initiate or implement planning or operational measures for nature restoration, particularly when imposed by federal or EU requirements. Finally, funding guidelines—such as those under agricultural or environmental programs—establish corresponding obligations for recipients of subsidies.
What special legal requirements apply to the restoration of water bodies?
The restoration of water bodies in Germany is subject to a variety of specific statutory provisions, primarily the Water Resources Act (WHG) and §§ 6 and 27 of the European Union Water Framework Directive (WFD). These require the restoration or preservation of the ‘good ecological status’ of surface waters. The WHG stipulates that the ecological functions of waters—such as structural diversity, continuity for organisms, and natural dynamics—must be promoted or restored. Depending on the federal state, further requirements may be established by state water laws. Legal requirements also include conducting an environmental impact assessment during land-use planning or permitting procedures, in which the effects on the water body are examined in detail and appropriate compensatory measures are determined. Projects such as river restoration generally require a water law permit, which involves strict public participation procedures and, if necessary, consultations with associations.
What legal aspects must be considered when financing nature restoration measures?
The financing of nature restoration measures in Germany occurs partly through statutory compensatory and substitute obligations of the responsible parties and partly through public funds (e.g., federal or EU funding programs). Legally, recipients of public funds are subject to strict earmarking requirements, meaning the funded measures must be exactly planned, implemented, and documented according to funding approval. Violations of funding requirements can lead to repayments or loss of subsidies. § 15 BNatSchG also requires that compensatory measures must be permanently secured at the latest—often by entry in the land register (real servitude or limited personal servitude) in favor of the nature or environmental authority. Financing law becomes more complex when several parties (e.g., farmers, companies, and public authorities) are involved: Special requirements apply to agreements on cost sharing and securing the measures. Additionally, budgetary law of the public sector bindingly regulates how and for what nature restoration projects can be funded.
How is the legal enforceability of the obligation to restore nature regulated?
The enforceability of legal obligations for nature restoration lies with the competent authorities at the federal, state, and municipal levels. In cases of violation, these authorities may impose enforcement measures such as substitute performance (i.e., the authority carries out the measure at the expense of the obligated person) or fines. In certain cases, criminal prosecution is also possible, for example, for environmental offenses (§§ 324 et seq. StGB). For legal enforcement, affected third parties, such as environmental associations with rights of legal action, may file lawsuits to ensure compliance with nature conservation regulations. These rights of action stem from national law as well as from the Aarhus Convention, which regulates access to the courts in environmental matters. Appeals against orders, fines, or permits are possible before the administrative courts; both substantive and procedural aspects (e.g., hearing, public participation) are reviewed in such cases.
Are there legal differences in the restoration of natural areas in protected areas?
Yes, in protected areas—such as nature reserves, FFH areas, or biosphere reserves—the legal requirements and protection regulations are even stricter. Here the specific rules set out in the BNatSchG and the relevant regulations and management plans of the protected areas apply. As a rule, all interventions and measures are subject to approval and are assessed by special nature conservation specialists. Restoration measures are often based on strict requirements, such as the non-deterioration principle or objectives according to European and national protection status. Furthermore, specific measures may be entirely prohibited or must be implemented with especially high legal standards, for example by conducting special compatibility assessments according to § 34 BNatSchG (FFH compatibility assessment).
What role does the Environmental Impact Assessment Act (UVPG) play in nature restoration?
The Environmental Impact Assessment Act (UVPG) is a key legal instrument when it comes to projects potentially having significant effects on nature and the environment. Anyone planning major interventions—such as landscape transformations, infrastructure projects, or land re-designations—must document within the framework of an environmental impact assessment how the project will affect natural resources (such as soil, water, flora, fauna, and climate). The EIA not only examines risks, but also mandates how negative impacts should be mitigated, reduced, or offset and restored through appropriate measures. The results of the EIA are legally binding and serve as the basis for the responsible authorities’ decision to approve or reject the project. The Act also provides for extensive public participation and, if necessary, hearings with specialized authorities and associations, thereby increasing legal certainty in the planning and implementation of nature restoration measures.
