Service Finder
Nature conservation: compensation and replacement measures
Service Description
Unavoidable impairments of nature and landscape (Nature conservation: Impact on nature and landscape - approval) must be compensated for by compensatory or replacement measures. The impairment of the ecosystem is compensated as soon as the impaired functions are restored. If possible, this should take place at the site of the impact or in the immediate vicinity in the same way and at the same time.
Replacement measures restore lost values of the ecosystem or landscape in a similar way. A nature conservation measure is classified as a replacement measure for reasons of time if the development of an important biotope continues over a very long period (usually more than 30 years). The expansion of the search area for replacement measures makes it possible to find sensible and consensual measures in accordance with the state's nature conservation objectives, particularly for large-scale projects.
Wherever possible, high-quality agricultural land should not be permanently taken out of use for compensation and replacement measures. In such cases, it should be examined whether compensation can also be achieved through measures
- unsealing measures,
- for the reconnection of habitats or
- through management and maintenance measures that permanently enhance the ecosystem,
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 the landscape, the project sponsor is obliged to make a compensation payment (formerly: compensation levy). In terms of polluter liability, this is the last option for compensating for damage to nature or the landscape.
In consultation with the responsible nature conservation authorities, compensation measures can also be implemented in advance of the intervention approval or measures held in a pool of land can be used for compensation.
Who should I contact?
Information on compensation and replacement measures can be obtained from the Higher Nature Conservation Authority(Thuringian State Office for the Environment, Mining and Nature Conservation), which maintains a state-wide overview.
Which documents are required?
The application must contain all information necessary for the assessment of the project and the expected final state after completion of the intervention. At the request of the applicant, the documents will be coordinated in advance between the approval authority, the nature conservation authority and the applicant.
What deadlines do I have to pay attention to?
Deadlines, insofar as they are set by the approval authority
Legal basis
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN)
Professionally released on
19.05.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Thüringer Landesamt Umwelt, Bergbau und Naturschutz (TLUBN) - Referat 35 - Eingriffe, Landschaftsplanung, Biotopverbund
Address
99423 Weimar
Postal address
07745 Jena