Unavoidable impairments to nature and the landscape (Nature conservation: Intervention in nature and landscape - approval) are to be compensated by means of compensatory or substitute measures. The impairment of the natural balance is compensated as soon as the impaired functions are restored. If possible, this should take place at the site of the intervention or in the vicinity in the same way and at the same time.

Replacement measures restore lost values of the natural balance or landscape in a similar manner. For temporal reasons, a nature conservation measure is classified as a replacement measure if the development of a significant biotope continues over a very long period of time (usually more than 30 years). The expansion of the search area for replacement measures makes it possible to find reasonable and consensual measures in accordance with the nature conservation objectives of the state, especially for large-scale projects.

If possible, no high-quality agricultural land should be permanently taken out of use for compensation and replacement measures. In such cases, it must be examined whether compensation can also be achieved by measures for

• unsealing,
• the reconnection of habitats or
• through management and maintenance measures that permanently enhance the natural balance,

is possible.

If not all significant impairments can be compensated or replaced by measures, and if the interests associated with the project (e.g. road construction) take precedence over those of nature and landscape, the project sponsor is obligated to make a compensation payment (formerly: compensation levy). In the sense of polluter liability, this is the last possibility to compensate for damage to nature or landscape.

In coordination with the responsible nature conservation authorities, compensation measures can also be carried out in anticipation of the encroachment permit, or measures held in a land pool can be used for compensation.