Protected green area
A protected green area is a green area that enjoys special protection through legal stipulations. In Germany, many municipalities have drawn up statutes in which they regulate the use of their green spaces; these are equipped with protective regulations. There are special features in the city-states of Hamburg, Bremen and especially Berlin.
Legal regulations of the city-states
The City of Hamburg's Green Area Act regulates the designation of green areas. On the basis of this law, the Senate has issued the ordinance for the protection of public green spaces and recreational facilities, which defines the obligations of users in detail. In Bremen, Section 29 of the Bremen Nature Conservation Act regulates general use and makes special uses subject to permission. There is no official marking of the green areas in either city.
Only state, which also protection of green areas in detail by law governs, is Berlin , the Green Investment Schemes Act. That is why people mainly speak of protected green spaces in Berlin. Only the protected green spaces in Berlin are officially marked with the so-called "tulip sign".
Green spaces
The term green spaces is not regulated by law. Green areas belong to the green areas according to the building code . This regulates in paragraph 5 that "the green areas, such as parks, permanent allotments, sports, play, tent and bathing areas, cemeteries" can be shown in the zoning plan . In the survey of the types of land use recorded in the cadastre, green spaces are one of the sub-categories of recreational areas, defined as "undeveloped areas that are predominantly used for recreation"; parks, playgrounds, football fields, zoological gardens, game reserves, botanical gardens, allotments and weekend spaces are specified , Garden. A special protection is not associated with the designation of an area as a green area, apart from the fact that zoning plans are binding on the authorities; this means that the contents of the plan must be observed by all public planning authorities. This also applies to the representations in a landscape plan or green space plan . None of these stipulations have any binding effect on third parties, including users of the green space.
Protected under the Green Investment Scheme Act parks are by dedication recognized and included in the list of public parks and recreation areas, so do not automatically get this status. Most municipal green areas statutes also contain a cadastre or a map in which the green areas protected by them are listed. In a few municipalities, all green spaces are protected across the board, i.e. without formal dedication, by statute.
Duties
Essentially, the Green Area Act regulates the obligations that citizens must comply with when using the facilities. The following are particularly emphasized: Dogs must be on a leash, dogs are completely forbidden on playgrounds. Ball games and barbecues are only allowed in the specially designated areas. Disturbing noise is to be avoided. Garbage may only be disposed of in the designated containers.
Relationship to nature conservation law and building law
Protected green spaces are not recorded or regulated according to the Federal Nature Conservation Act. The designation as a protected green area does not result in any special rights or obligations that go beyond the general regulations. However, a protected green area can at the same time, and independently of it, also be subject to a protection category according to nature conservation law, for example it can be a landscape protection area or a protected landscape element or contain legally protected biotopes . As a rule, it would then be signposted twice in the area with two signs.
In building law, various stipulations are provided for open spaces and areas that cannot be built over, which carry vegetation and are also called green areas in common parlance. These are set out in Section 9 (1) of the Building Code. There, green spaces can be characterized, for example, as areas for public needs as well as for sports and play facilities, as areas for protection, care and development of soil, nature and landscape or as areas for planting trees, bushes and other plantings. Green spaces are essentially designated as public green spaces, often with the purpose of being parks. The expression green area itself does not appear here. Such determinations may also bind the landowner to maintain or create green spaces, but only if they are sufficiently determined. These stipulations are also independent of, and possibly in addition to, the status of the protected green area.
Individual evidence
- ↑ Law on Green and Recreational Facilities of October 18, 1957
- ↑ § 29 BremNatG - recreation in public green spaces
- ↑ Law on the protection, maintenance and development of public green spaces and recreational facilities (Green Area Act - GrünanlG) of November 24, 1997. PDF
- ↑ Senate Department for the Environment, Transport and Climate Protection: Public green and recreational facilities. Legal basis accessed on February 24, 2017.
- ↑ Federal Statistical Office: Survey of area according to type of actual use. Quality report. Wiesbaden, 2013.
- ↑ for example statute for the protection of trees and green areas in the city of Bergen on Rügen
- ↑ Senate Department for the Environment, Transport and Climate Protection: Public green and recreational facilities. Usage: rules and offers
- ↑ Rudolf Stich, Karl Wilhelm Porger, Gerhard Steinebach, Andreas Jacob: Urban ecology in development plans. Technical principles, legal provisions, stipulations . Bauverlag, Wiesbaden and Berlin 1992. ISBN 3-7625-2918-3 . see. especially pages 106–107.