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.

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

Competent Authority

Thüringer Landesamt Umwelt, Bergbau und Naturschutz (TLUBN) - Referat 35 - Eingriffe, Landschaftsplanung, Biotopverbund

Address
Harry-Graf-Kessler-Straße 1
99423 Weimar

Postal address
Göschwitzer Straße 41
07745 Jena