Law on protection against aircraft noise

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Basic data
Title: Law on protection against aircraft noise
Abbreviation: FluLärmG, FluglSchG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Environmental law , construction law
References : 2129-4
Original version from: March 30, 1971
( Federal Law Gazette I p. 282 )
Entry into force on: 3rd April 1971
New announcement from: October 31, 2007
( BGBl. I p. 2550 )
Last change by: Art. 1 G of June 1, 2007 ( BGBl. I p. 986 )
Effective date of the
last change: 		June 7, 2007 (Art. 6 G of June 1, 2007)
GESTA : N003
Weblink: Text of the law
Please note the note on the applicable legal version.

The law for protection against aircraft noise is a German law for protection against aircraft noise in the vicinity of airfields .

Purpose and content of the law

According to § 1 FluLärmG, the purpose of the law is to ensure structural usage restrictions and structural noise protection in the vicinity of airfields to protect the general public and the neighborhood from dangers, significant disadvantages and significant annoyance from aircraft noise .

For this purpose, it provides for various noise protection areas, the extent of which in the vicinity of airfields is determined by statutory ordinance of the state governments. Hospitals, old people's homes, rest homes and similar facilities that require the same level of protection may not be built in a noise protection area. Permitted residential construction projects must meet certain noise protection requirements. Not only insignificant depreciation of the outdoor living area of ​​a property are to be compensated. The landowner must also be reimbursed for certain expenses for structural noise protection measures. The airport operator is generally liable to pay. By 2016, airports and airlines had spent 1.12 billion euros on noise protection.

In three statutory ordinances, the Federal Government has further specified the provisions of the Aircraft Noise Act, amended in 2007, to regulate passive noise protection and compensation payments.

execution

The jurisdiction laws of the federal states determine the competent authorities to enforce the FluLärmG. These establish noise protection areas by ordinance ( Section 4 (2) FluLärmG), grant exceptions to building bans ( Section 5 (1) sentence 3 FluLärmG) or determine the amount of expenses for structural noise protection that are reimbursable ( Section 10 FluLärmG).

history

Since the late 1950s in particular, aircraft noise has been increasingly perceived as an environmental burden. In the 1970s, it was ranked third among the sources of interference after road traffic and noise in the workplace. This was based on a strong increase in the number of flight movements, which has only decreased slightly since 1972 due to the use of considerably larger aircraft and better utilization of the individual flights. At the same time, with the introduction of jet planes, the noise intensity of the individual overflights increased sharply. The first generation of jet engines in particular was perceived as particularly loud. Furthermore, as the expansion of cities moved the residential areas closer to the airports, more and more sections of the population were directly affected by airport operations. The legislature has reacted to this development by issuing new regulations. This included in particular the law on protection against aircraft noise of March 30, 1971.

In the version of the law of 1971 only two noise protection zones were defined. Protection zone 1 was the area in which the equivalent continuous sound level exceeded a value of 75 dB (A). Protection zone 2 was the area in which the equivalent continuous sound level exceeded a value of 67 dB (A). There was a construction ban for apartments in protection zone 1, while building restrictions applied to both protection zones. According to its conception, the law of 1971 was a building restriction and compensation law and was intended in particular to prevent the further growth of residential areas at certain airfields.

With the amendment of the law in 2007, a night protection zone was introduced for the first time and the zones were expanded to values ​​of 50 to 65 dB (A).

Noise protection areas

The noise protection area of ​​a civil or military airfield is divided into two protection zones for the day and one protection zone for the night, in which the continuous noise level caused by aircraft noise exceeds certain decibel values ​​(dB) according to the level of noise exposure ( Section 2 (2) FluLärmG) : Day protection zones 1 and 2 for the period from 6 a.m. to 10 p.m. and the night protection zone for the period from 10 p.m. to 6 a.m. An average is determined over the six busiest months of the forecast year. In order to avoid wake-up reactions triggered by aircraft noise, setting a maximum level in the night protection zone, supplemented by a continuous sound level, is a fundamentally suitable means.

The protection zones are smaller at existing civil and military airfields and also generally at military airfields compared to civilian airfields because higher noise limits are used as a basis for dimensioning the scope of the noise protection areas.

The instructions for the calculation of noise protection areas (AzB) and the legal annex to § 3 FluLärmG regulate the procedure and the method according to which the continuous sound level for the protection zones is determined in detail.

With the 2007 amendment, an exception was made in the law: Airports that will be closed in the next ten years do not need to be specified as a noise protection area. Since Berlin-Tegel Airport is the only airport affected by this regulation with regard to the construction of Berlin Brandenburg Airport (BER) and the originally planned start of flight operations on October 30, 2011, the corresponding Section 4 (7) FluLärmG is also " Lex Tegel “called. In its judgments of June 11, 2014 and September 18, 2014 , the Berlin-Brandenburg Higher Administrative Court left open whether the FluLärmG came into force on June 7, 2007 or the end of 2009 is decisive for calculating the 10-year period . Should the airport still not be closed, the exemption would - depending on how the law is interpreted - be dropped in 2017 or 2019 if it is not extended.

In the vicinity of the new BER, residents are entitled to noise protection.

Meaning of the limit values

The limit values of § 2 Paragraph 2 FluglSchG regulated in the amended Aircraft Noise Protection Act of 2007 for the protection areas are also relevant for planning approval and approval procedures under aviation law ( § 8 Paragraph 1 Sentence 3, § 6 LuftVG , § 13 FlugSchG). Active noise protection, such as the choice of location or the definition of flight routes and times, is not based on the Aircraft Noise Protection Act. Rather, the regulations of the Aviation Act (§§ 25 ff., § 29b LuftVG) are decisive here . The limit value regulation in Section 2 (2) sentence 2 FluglSchG and the definition of noise protection areas only relate to the granting of passive noise protection and compensation payments, the legality of which can be checked in individual cases in an administrative court procedure against a plan approval decision or an air traffic permit.

The Federal Administrative Court regards the noise limit values ​​as a minimum standard, which is why the competent authority, when determining the noise protection areas, is not prevented from falling below the values ​​for the protection of certain groups of people or facilities particularly worthy of protection.

The Hessian Administrative Court does not assess the limit values ​​as "evidently unacceptable", even with regard to noise medical knowledge gained in the meantime.

Limit values ​​from other standards are not applicable to aircraft noise. The Federal Immission Control Act (BImSchG) and the TA Lärm do not apply to airfields ( Section 2 (2) BImschG). However, as a national implementation of the EU Environmental Noise Directive (ULR), aircraft noise emanating from commercial airports for civil air traffic was included in the noise reduction planning according to the Noise Mapping Ordinance (34th BImschV based on § 47f BImSchG).

literature

  • Felix Ekardt , Franziska Hess: Law for protection against aircraft noise. Comment . 1st edition. Nomos, Munich 2019, ISBN 978-3-8487-5671-1 .
  • Ulrich Storost : Environmental problems with the approval of airports - material protection standards (immission and nature protection) . In: NVwZ 2004, p. 257.
  • Michael Quaas: The protection against unreasonable aircraft noise in the plan approval legal application problems according to the aviation law . In: NVwZ 1991, pp. 16-22.
  • Giemulla, Ulrich Rathgeb: The new aircraft noise law. In: DVBl , 2008, pp. 669-677
  • Ulrich Rathgeb: The Aircraft Noise Act of October 31, 2007. In: Giemulla / Schmid, Commentary on the LuftVG, vol. 1.1, § 6 LuftVG, IX. Annex 1
  • Ulrich Rathgeb: On the implementation of the amended Aircraft Noise Act . In: German administrative gazette . No. 11 , 2013, p. 692 ff .

Web links

Individual evidence

  1. ↑ cf. Aircraft noise - noise protection areas at Bavaria's airports Bavarian State Ministry for Housing, Building and Transport , website accessed on November 24, 2019
  2. ↑ cf. Aircraft noise State Institute for the Environment Baden-Württemberg , website accessed on November 24, 2019
  3. ↑ Federal Association of the German Aviation Industry : Report of the Federal Government on the Aircraft Noise Protection Act adopted by a press release of January 16, 2019
  4. ↑ First ordinance for the implementation of the law on protection against aircraft noise (ordinance on data collection and the calculation process for the determination of noise protection areas - 1st FlugLSV) of December 27, 2008
  5. ↑ Second ordinance for the implementation of the law on protection against aircraft noise (Airfield Noise Protection Ordinance - 2nd FlugLSV) of September 8, 2009
  6. ↑ Third ordinance for the implementation of the law on protection against aircraft noise (aircraft noise-external living area compensation ordinance - 3rd FlugLSV) of August 20, 2013
  7. ↑ cf. Statutory ordinances of the federal states on the establishment or abolition of noise protection areas within the framework of the implementation of the amended Aircraft Noise Act Status: September 2018, BT-Drs. 19/7220 of January 18, 2019, pp. 14, 16 ff.
  8. ↑ Bavaria : Section 13 of the Ordinance on Jurisdiction of 16 June 2015, (GVBl. P. 184): Government of Upper Bavaria , Government of Middle Franconia
  9. ↑ Berlin : § 4 Law on Responsibilities in the General Berlin Administration (General Competence Act - AZG) in the version of July 22, 1996, GVBl. 1996, 302, 472 in conjunction. of the Annex to Section 4, No. 8 Paragraph 6 (catalog of responsibilities): Headquarters
  10. ↑ Brandenburg : Section 1, Paragraph 6 of the Ordinance on the Regulation of Responsibilities in the Field of Immission Control (Immission Protection Responsibility Ordinance - ImSchZV) of March 31, 2008 (GVBl.II / 08, [No. 08], p. 122): State Office for the Environment
  11. ↑ Environmental Report 1978 BTDrucks. 8/1938, p. 257
  12. ↑ Jokiel, Kampf dem Lärm 1977, p. 29 [39]
  13. ↑ BVerfG, decision of January 14, 1981 - 1 BvR 612/72 para. 15th
  14. ↑ BVerfG, decision of May 4, 2011 - 1 BvR 1502/08 para. 23
  15. ↑ BVerwG, judgment of March 16, 2006 - 4 A 1075.04
  16. ↑ BVerfG, decision of May 4, 2011 - 1 BvR 1502/08 para. 5
  17. ↑ Instructions for the calculation of noise protection areas (AzB)
  18. ↑ Federal Law Gazette I p. 2550 , p. 2556
  19. ↑ On the interpretation of Section 4 (7) of the Law on Protection against Aircraft Noise, Scientific Services of the German Bundestag , documentation of February 14, 2018, p. 7
  20. ^ Klaus Kurbjuweit: Exemption for Tegel expires in 2017 Der Tagesspiegel , June 4, 2013
  21. ↑ Claudius Prösser: Dispute over Tegel Airport: The big noise is getting closer taz , April 27, 2017
  22. ↑ OVG Berlin-Brandenburg, judgment of July 3, 2018 - 6 A 1.17, 3.17 and 13.17
  23. ↑ Eberhard Buhl, Christine Ziegler: Protection against aircraft noise: New program of measures for active noise protection January 31, 2018
  24. ↑ BVerfG, decision of May 4, 2011 - 1 BvR 1502/08 para. 7 ff., 23
  25. ↑ cf. BVerwG, judgment of October 13, 2011 - 4 A 4000.09
  26. ↑ cf. BVerwG, decision of September 13, 2007 - 4 A 1007.07 u. a.
  27. ↑ Hessischer VGH, judgment of April 30, 2015 - 9 C 1507 / 12.T
  28. ↑ Hessischer VGH, decision of July 11, 2017 - 9 C 1497 / 12.T. ZLW 2017, p. 577
  29. ↑ Federal Environment Agency : Environmental Noise Directive 14 March 2019
  30. ↑ Federal Environment Agency : Aircraft noise May 9, 2019