Soil protection

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Danger to the soil from an improperly disposed of leaked car battery

The soil protection is generally the goal of protection soil from harmful changes ( bottom damage protection, loss of soil functions) as far as possible or, as § 1 BBodSchG describes "sustain the functions to secure the soil or restore."

In German land law, soils are imperatively worthy of protection because of their paramount importance for people and the environment and are therefore on an equal footing with water and air. Compared to other aspects of nature conservation (species, air, water), however, the need for protection of the soil is historically new.

Essential aspects of soil protection are the reduction of erosion and leaching, the preservation of humus as well as protection against building, contamination and compaction.

Soils deserving protection

Soils cover a large part of the earth's surface and because of their functions are of fundamental importance for humans and nature . For people, they are indispensable, especially as a useful area , above all as a carrier of agriculture and animal husbandry and thus as a source of almost all food .

The current development of the soils worldwide can be classified as worrying: The arable area is finite and already largely cultivated. Cultivated soils around the world are increasingly affected by soil damage through erosion , salinization , desertification , contamination, etc. There are also problems such as urban growth ( sealing ) or land grabbing . In connection with the further increasing world population , the available land per person will halve between 2012 and 2050.

Soils can form or regenerate, but this process is extremely slow. On average 2000 years pass for a soil crumb of 10 cm. In addition, they usually react slowly to external influences, which is why much damage, especially in their soil chemistry, often only becomes apparent after many years. Fatally, soils are very sluggish even when reversing damage. Many processes are difficult to reverse or almost irreversible.

16% of the soils in the old EU countries (~ 500,000 km²) are threatened. In the new EU countries such as the Czech Republic, Hungary or Poland it is even 35%. Another 16% of the total European soil area (~ 1000,000 km²) is threatened by (water) erosion.

Problems with erosion or sealing are not limited to other countries and regions. The soils in Germany have been showing signs of compaction and erosion damage for a long time. As early as 1994, the German Advisory Council on Global Change (WBGU) pointed to demonstrable symptoms of soil degradation , such as floods , soil erosion , soil compaction , reduction in groundwater and surface water quality , reduction in soil fertility and as a result, in its "Annual Report on the Endangerment of Soils" decrease in plant health and increase in fertilizer - and pesticide expenses , down. The International Soil Conservation Organization (International Society for Soil Protection, ISCO) reiterated the warnings at its annual meeting in Bonn in 1996.

Largely unnoticed by the public, a study from 2015 showed that 50% of Germany's arable land was at risk of erosion. The regular soil erosion is usually so low that it is hardly noticeable acutely. Another problem in this country is the enormous amount of space used by buildings. On average (2011), Germany loses almost 80 hectares of soil (110 football pitches) every day to road construction and new housing developments.

For these reasons, soil has been legally stipulated in Germany (since 1999) as a third medium alongside water and air as a protected natural resource.

Development of soil protection

Many aspects and threats to soils have been known for a long time. Due to numerous problems, however, soil protection is much less popular than other nature conservation topics:

  • The wide distribution and the perceived inexhaustibility make soils appear less endangered.
  • Many perceive soil as “dirt” that is not worth protecting in itself.
  • Many soils, especially those under arable use, are hardly taken into account by nature conservation .
  • In industrialized nations , a large part of the population no longer has any contact with food production . Additionally, the overabundance of food available makes it difficult to imagine a shortage. This reduces knowledge about the importance of soils.
  • Soil damage is often a gradual process that only becomes problematic after many years. Damage that can be seen quickly, such as disappearing species , smog , algal blooms or pollutants in drinking water , is usually missing.
  • The loss of (cultivated) land is usually only visible locally. In unaffected regions and in cities where a large part of the population is concentrated, they remain unnoticed for the time being.
  • There is no cuteness factor like with many endangered species.
  • Little knowledge about soils, their protection and their endangerment is imparted in schools and the media. As a result, many lack the basis to recognize the problem.

It is therefore not surprising that, in contrast to species , air and water protection , soils have long been neglected in politics, public opinion and nature conservation. While laws on keeping air and water clean were passed in the 1970s and are now almost global standards, the first law on soil protection in Germany only came into force in 1999. In most states there are still no corresponding laws. At the European level, soil protection was first given central importance in 2001 by the 6th EU Environment Action Program. A European framework directive on the subject of soil was only presented on September 22, 2006 and discontinued in 2014, after eight years of consultation, without any result.

Legal situation in Germany

Soil protection in Germany was given a uniform basis in 1999 in the Federal Soil Protection Act (BBodSchG) and in the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV). The last processing took place in 2015. It is expanded by soil protection laws of the federal states as well as equal and priority legal provisions, such as the recycling law , the law on the organization of the water balance and the federal nature conservation law . Fertilizer and plant protection law , federal pollution control law or building planning and building regulations also have priority .

The scope of application of the BBodSchV primarily concerns the procedure for the investigation and assessment of contaminated sites , possible contaminated sites and remediation measures . It also regulates the prevention of danger through decontamination and safety measures, precautionary measures and test and measurement measures.

The pollution and impairment of the soil relate to chemical contamination (e.g. from pesticides , heavy metals ), physical changes (e.g. soil compaction , soil erosion ) and soil consumption due to superstructures (e.g. road construction, settlement construction) or removal.

Protected areas in terms of soil protection are:

  • Soil protected areas
  • Land planning areas
  • Soil pollution areas
  • Soil hazard areas

Situation in Switzerland

In Switzerland, Art. 32c (pollution from landfills and other waste) and Art. 33 (preservation of soil fertility) of the Environmental Protection Act (USG) and related ordinances regulate soil protection in advance .

Soil protection measures

Measures exist to protect soils in general. Floors with a high degree of functional fulfillment are particularly protected in Germany. Since soil can fulfill numerous functions at the same time, the possible protective measures are extremely diverse. If several functions are in competition with one another, a weighting must often be made, e.g. B. in the designation of building land.

The possible measures essentially depend on the use of a soil (in Central Europe almost all soil is in use). The general goals are:

  • Protection against development, i.e. the prevention of land consumption through building, storage or traffic areas or the control of such uses on soils with low functional fulfillment.
  • Reduction of pollution, e.g. B. through the contingent application of foreign material (e.g. manure ), reduction of immissions or application bans (e.g. sewage sludge ).
  • Preservation of the humus content in the soil.
  • Avoidance of soil compaction through gentle driving on and over during forestry or agricultural use
  • Erosion protection , i.e. the reduction in the erosion of the topsoil by water and wind; The protection of the soil through the ground cover is of particular importance.
  • Protection against leaching , acidification and leaching
  • Planning of sustainable land use within the framework of a circular economy to reduce land consumption

Since soil functions are almost exclusively damaged by functions of use, all soil protection measures include aspects of soil use. Construction, industry and the primary economic sector (agriculture, forestry and mining) are particularly affected. There are special features in the area of ​​contaminated sites and if the soil has an archive function.

Construction

In general, the aim is to reduce land consumption through development. When building, attention should be paid to low sealing, gentle soil cultivation, the lowest possible soil compaction, protection of the topsoil through separate soil heaps and careful handling of possible contaminants. When moving soil that is already contaminated, protection of the environment (prevention of mixing) must be observed.

Agricultural areas in particular, and thus agriculturally used soils, are in decline due to the continued high level of "land use" due to new settlement and transport infrastructure (around 60 hectares per day in Germany). The German intervention regulation , according to which (many) structural interventions must be compensated for, does not require any functional compensation. A loss of soil (its quantity and / or quality), for example, can in principle also be compensated for by new fish ladders. This problem affects agricultural areas in particular, because for topographical reasons they tend to be more accessible for development measures than z. B. areas used for forestry.

Industry

In addition to the general building measures, industry is primarily responsible for contamination. Obvious areas of environmental protection such as immission and water protection are therefore synonymous with soil protection. Leakage of contaminants should be kept as low as possible.

Agriculture

Agriculture is of particular importance. On the one hand because of their importance for the nutrition of the population, on the other hand because of their direct dependence on the soil (except in hydroponics ) and their great influence on it (47.5% of the area of ​​Germany is used for agriculture).

Depending on the type and type of soil , the soil properties and thus the sensible use of the soil are very different. Overall, the cultivation chosen by the farmer has a significant impact on the functions and quality of the soil. Adequate agriculture can sustainably manage and protect soils. In the long term, however, inappropriate forms ( overuse ) lead to severe soil damage. Concrete measures are e.g. B .:

  • Selection of a suitable crop (e.g. quick soil cover, less use of fertilizers)
  • Adapted soil cultivation (less susceptibility to erosion, retention of humus in the soil, etc.)
  • Careful use of the machine (preservation of the soil structure, avoidance of compaction)
  • Low use of sources of contamination (e.g. contain many fertilizers, organic as well as inorganic, heavy metals, no copper-based spraying agents)
  • Protection of the natural soil life (avoidance of some pesticides, humus retention, mulch sowing etc.).
  • Adapted fertilization (e.g. liming) to maintain soil fertility and reduce nutrient leaching

By intensifying agriculture, the yields of agricultural land could be increased considerably. Part of this increase is due to short-term overuse. Large-scale damage from overuse can be seen e.g. B. in the progressive devastation of entire regions such as the Sahel. In Germany, too, there is controversial discussion as to whether and how far the soils have exceeded their load capacity.

forestry

In forestry, the soil is influenced by the choice of trees that are planted. These take z. B. Influence on the humus forms in the soil or the leaching of nutrients. The (mostly permanent) vegetation of the soil usually effectively prevents erosion and leaching. Overall, forests in Central Europe are the most natural use of a soil with the associated lowest potential for damage. Monocultures of non-local species (spruce, pine) can, however, have negative consequences such as soil acidification or species thinning.

Soil protection has become a socio-political issue, especially in relation to mechanical wood harvesting. With a load of up to 16 t, the forwarders leave deep tracks in the forest floor, especially in damp weather. These densities can be proven over decades. In order to do justice to this problem, different concepts are currently being discussed, from the tires, the use of draft horses to structural changes.

Mining

Even the mining or the extraction of raw materials has to deal with soil protection insofar as it comes to the open pit and around the tailings on heaps go. In many cases, old deposits and old locations that can be many centuries old must also be determined. Avoiding soil damage through fracking is currently becoming increasingly important.

Since mining, especially in open-cast mining, requires a lot of space, the Federal Mining Act (BBergG) stipulates that renaturation must take place after mining . This includes not only the most complete possible filling of the remaining open pit , but also the application of the previously removed soil and the controlled normalization of the groundwater level . In many cases, rocks are also transported to the surface, which disintegrate when exposed to oxygen and release large amounts of acid, sulphate and iron. As a result, the soil can become extremely acidic for decades. Already Pliny the Elder criticized in his Naturalis Historia , the devastation of Roman gold mining wreaking in the Spanish provinces.

Contaminated sites

In many areas, most of which are used industrially or by the military, pollutants have intentionally or unintentionally seeped into the soil over time. The affected areas are known as contaminated sites . Depending on the pollution (the concentration and / or the substance) and the endangerment of protected goods, extensive soil remediation measures may be necessary.

Soil as an archive

The importance of soils as a historical document is also an important reason for the protection and preservation of certain locations. Using them, possible effects of land use by humans on soil development can be recognized and reconstructed through comparative studies. Basically every location has historically determined characteristics. As a rule, only outstanding soils are therefore placed under protection.

A distinction is made between: Natural history documents - soils as archives of natural history

  • Development from a particularly rare parent rock
  • The development in a typical, representative way
  • Participation in extraordinary development processes such as swelling and sintered limes
  • Conspicuous features of a relictic (today no longer occurring) soil development

General geological outcrops, weathered volcanic cones and comparable objects in which no relevant soil development has taken place are not soils. They can be placed under protection as geotopes .

Cultural-historical documents Soils emerge as archives of cultural history when the structure of the soil profile is characterized by historical agricultural techniques, as is the case with Plaggeneschen and vaulted bakers, or when soils are evidence of special forms of cultivation such as water meadows , old vineyards or juniper heaths .

The soil monuments are to be separated from the archive floors according to BBodSchg . They are not concerned with special forms of soil development, but with the preservation or preservation of traces of human life or the flora and fauna in the soil. Examples of this are areas with settlement remains , burial grounds , battlefields , ravines , the sites of fossils and fossils. The transition from the ground monument to the monument in general is formed by the military relics, some with remains of superstructures, such as Landwehr trenches , remains of the Limes or desertification .

literature

  • Lower Saxony soil quality target concept. Part 1: Soil Erosion and Soil Sealing. Ed .: Lower Saxony State Office for Ecology In: Sustainable Lower Saxony. 2003/23.
  • Soils worthy of protection and in need of protection in Lower Saxony. Ed .: Lower Saxony State Office for Ecology; Lower Saxony State Office for Soil Research. In: Sustainable Lower Saxony. 2003/25.
  • Hans-Peter Blume (Hrsg.): Manual of soil protection - soil ecology and pollution; preventive and defensive protective measures. 3. Edition. Landsberg / Lech 2004, ISBN 3-609-65853-3 .
  • St. Lingner, E. Borg: Preventive soil protection. Problem dimensions and normative bases . (= Gray row. No. 23). European Academy for Research into the Consequences of Scientific and Technical Developments Bad Neuenahr-Ahrweiler, 2000.
  • Robert Bosch Stiftung (Ed.): Schwäbisch Haller Agrarkolloquium on soil use, soil functions and soil fertility. Memorandum for environmentally friendly land use in agriculture. Gerlingen 1994, ISBN 3-88350-589-7 .
  • Yeong Heui Lee: Sustainable soil protection - international, European and national. University Press of the TU Berlin, Berlin 2006, ISBN 3-7983-1995-2 .
  • Yeong Heui Lee, Walter Bückmann: New hopes for soil protection. In: Environmental and Planning Law. 25 (10), 2005, pp. 370-380. ISSN  0721-7390
  • Walter Bückmann: The second draft of a European soil framework directive. In: Environmental and Planning Law. 26 (10), 2006, pp. 365-374. ISSN  0721-7390
  • Franz-Joseph Peine , Wolfgang Spyra , Reinhard Hüttl : Suggestions for activating extensive soil protection. In: Environmental and Planning Law. 26 (10), 2006, pp. 375-382. ISSN  0721-7390

Web links

Individual evidence

  1. [1] . Let's talk about soil - German
  2. eu-koordination.de
  3. Soil / The hidden part of the climate cycle . ( online [PDF]).
  4. Scientific Advisory Board of the Federal Government on Global Change (Ed.): World in Transition: The Endangerment of Soils. Annual report 1994 . Economica-Verlag, Bonn 1994.
  5. ^ Website of the International Soil Conservation Organization (ISCO). (English)
  6. ^ Conclusions & Recommendations from ISCO 9th Annual Meeting of the ISCO in Bonn, 26.-30. August 1996. Conclusions and recommendations (pdf, English; 1.2 MB)
  7. Umweltbundesamt.de . Text of the Federal Environment Agency on soil erosion
  8. Umweltbundesamt.de . Text of the Federal Environment Agency on soil sealing
  9. ^ Text of the Federal Soil Protection Act
  10. Text of the Federal Soil Protection and Contaminated Sites Ordinance
  11. Jessica Rabenschlag, Nicolas Schoof, Jochen Schumacher, Albert Reif: Evaluation of the implementation of building law compensatory measures . No. 51 (9) . Nature conservation and landscape planning, 2019, p. 434-442 ( researchgate.net ).
  12. Soil protection lures forest entrepreneur IHB , published on March 26, 2010.