Service Finder
Permission for the use of plant protection products on non-crop land according to § 12 (2) PflSchG
Service Description
The application of plant protection products outside cultivated land (agricultural, forestry or horticultural land) as well as in or near water bodies or coastal waters generally requires an official permit. In justified exceptional cases, the responsible official plant protection service may grant an exemption upon application.
If the requirements are met, the application can be approved for:
- Traffic areas (e.g. railroads, roads, paved paths, air traffic areas, sidewalks, train platforms).
- installations of the military, the Federal Border Guard, the police, the fire department
- Power supply facilities (e.g. transformer stations)
- Telecommunication and broadcasting transmitters
- Facilities with special risk of corrosion, fire and explosion (refineries, depots, etc.)
- Sports facilities that are not covered with vegetation
- Operational areas in exceptional cases (occupational safety and fire protection, object safety).
Thuringia:
Exemption permits for the use of herbicides on non-crop land areas in home gardens and allotments are not granted.
Process flow
Valid for Thuringia:
The application for an exemption must be submitted in writing, using the form and enclosing the necessary documents and evidence, to the branch of the TLLLR in whose local jurisdiction the areas to be treated are located.
Any user or owner of the land to be treated is considered eligible to apply.
The office checks the completeness, the factual correctness of the application information and the existence of the requirements for a permit. If there are any queries or additional requirements, you will be contacted.
The check is carried out in conjunction with an inspection of the areas to be treated.
The issuance of the fee-based permit may be subject to additional conditions. There is no entitlement to the granting of an exemption.
Who should I contact?
Thuringian State Office for Agriculture and Rural Areas (TLLLR) Unit 25 Specialist legal / CC controls.
The branch office of the TLLLR in whose local jurisdiction the areas to be treated are located is responsible for processing applications.
Branch offices:
Rudolstadt, Sömmerda, Leinefelde, Bad Frankenhausen, Bad Salzungen, Hildburghausen, Zeulenroda, Großenstein
Competent authority
Thuringian State Office for Agriculture and Rural Areas (TLLLR) Unit 25 Specialist legal / CC controls.
The branch office of the TLLLR in whose local jurisdiction the areas to be treated are located is responsible for processing applications.
Branch offices:
Rudolstadt, Sömmerda, Leinefelde, Bad Frankenhausen, Bad Salzungen, Hildburghausen, Zeulenroda, Großenstein
Requirements
Exemptions can only be granted if the intended purpose is urgent and cannot be achieved in any other way with reasonable effort.
An urgent purpose exists in particular ...
- if traffic and operational safety as well as occupational and accident safety are impaired,
- if the corrosion, fire or explosion safety of structural facilities or stored materials is impaired,
- if the intended use or the maintenance of a facility requires the absence of vegetation, e.g. traffic safety,
- if military and/or internal security is impaired.
Overriding public interests, in particular the protection of humans and animals or the natural balance, must not be opposed.
The urgency of the requested plant protection product application must be sufficiently justified in the application.
Supplementary in Thuringia:
Users must be competent in the sense of § 9 PflSchG and prove this.
When submitting the application, the treatment area must be presented in detail on the basis of a map.
Approval of plant protection products with the active ingredient glyphosate is only possible if, from a technical point of view, the use of alternative active ingredients cannot be assessed as expedient.
As a rule, no permits for products containing glyphosate are granted on paved areas intended for the general public within the meaning of § 17 (1) sentence 2 PflSchG.
Exemption permits for the use of herbicides on non-cultivated land in home gardens and allotments are not granted.
Which documents are required?
For Thuringia:
- truthfully and completely filled in application form
- Copy of: Plant protection certificate (card), valid certificate of further training (according to § 9 Plant Protection Act), identity card of the person(s) applying the product
- Copy of the cadastral map (or a relevant section) showing the boundaries of the area to be treated.
- Possibly existing surface waters as well as water and nature protection areas/areas are to be drawn into this field map according to their location.
- If there are economic reasons for the application, a cost estimate or comparison for a common alternative method must be included.
- When applying for plant protection products containing glyphosate, the application must be accompanied by additional justification as to why the use of other active substances is not possible or appropriate for the intended application.
What are the fees?
Valid for Thuringia:
Depending on the requested treatment area, the following processing fees are charged per application:
- up to 500 square meters 15 €
- up to 5 000 square meters 25 €
- up to 10 000 square meters 40 €
- up to 100 000 square meters 60 €
- up to 500 000 square meters 80 €
- more than 500 000 square meters 100 €
What deadlines do I have to pay attention to?
Valid for Thuringia:
Approval period max. 3 years, approval period on areas of the general public (as defined in § 17 (1) sentence 2 PflSchG) with the active substance glyphosate max. 1 year.
Since processing times of several weeks may arise, the application should be submitted in good time before the planned use of plant protection products. In addition, prior consultation on the approvability of the intended use and possible alternatives is recommended.
Processing duration
Valid for Thuringia:
Processing time individual, as decisions are made on a case-by-case basis with site inspections; max. 6 weeks
Legal basis
- Announcement of the Thuringian Ministry of Agriculture, Nature Conservation and Environment on the granting of exemptions for the use of plant protection products on non-agricultural, forestry or horticultural open land.
Applications / forms
Valid for Thuringia:
You may lodge an objection against this administrative act with the Thuringian State Office for Agriculture and Rural Areas, based in Jena, within one month of notification. The deadline is also met by timely receipt at a branch office of the state office.
Appeal
Application for exemption according to § 12 (2) sentence 3 Plant Protection Act (PflSchG) for the application of plant protection products outside open areas used for agriculture, forestry and horticulture (non-cultivated land)
What else should I know?
- Guidance from the states regarding the criteria of a permit eligibility:
- https://www.isip.de/isip/servlet/isip-de/regionales/thueringen/pflanzenschutzrecht/genehmigung
Remark: Supplement to further information only valid for TH
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian State Office for Agriculture and Rural Areas (TLLLR), Department 23
Professionally released on
03.02.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
