Landscape protection area
A landscape conservation area ( LSG or LS for short ) is an area protection category of nature conservation law . Compared to nature reserves, protected areas of landscape protection aim at the general appearance of the landscape , are often laid out over a larger area, but requirements and restrictions on use are lower. Landscape protection areas can also be designated in order to preserve the landscape for tourism and recreation. Landscape protection areas generally correspond to a category V ( Protected Landscape ) area of the International Union for Conservation of Nature and Natural Resources .
In Germany, the landscape protection area is one of the options for area-related nature protection provided by the Federal Nature Conservation Act (BNatSchG). Since landscape protection is subject to state law and the regulations are issued by the federal states, the signs pointing to the landscape protection area also differ significantly.
Criteria for the establishment of protected areas can be found in federal states in Germany . They determine the form in which the landscape protection areas are marked.(1) BNatSchG. Details of the designation of the protected area, such as the competent authorities, are determined by the
In landscape protection areas there are generally only minor requirements for agricultural or forestry land use. In particular, all actions that change the “character” of the area are prohibited. For example, plowing up a meadow to gain arable land can be prohibited if the area is characterized by grassland. Special requirements for the use of the meadow (e.g. fertilization bans), however, are usually not provided for in landscape protection areas. The regulations for building in the open countryside (outside) are tightened in landscape protection areas and new building is generally prohibited here.
Landscape protection areas are designated by ordinance of the federal states. The exact extent of the landscape protection area and the special protection purpose are defined and regulated, which actions are permitted or prohibited in detail. Landscape protection areas are to be taken into account in the land-use planning and must be represented and taken into account in development plans . One speaks of an information takeover. They are binding and cannot, for example, be overcome on the basis of an overriding general good in consideration . If development is intended, however, the landscape protection area can be canceled. In principle, the same rules apply to revocation as to expulsion.
According to figures from the Federal Agency for Nature Conservation, the Federal Republic of Germany had 7203 landscape protection areas with a total area of 9.9 million hectares at the end of 2008. This corresponds to about 28% of the area of Germany. Compared to previous years, the number and size of the landscape protection areas has significantly decreased. This is primarily due to the fact that Hesse - in large parts - has abolished existing landscape protection areas.
In addition to the landscape protection area , the Federal Nature Conservation Act enables further protected areas in nature and landscape protection .
Landscape protection areas were uniformly marked in West Germany from 1954 to 1994 by green, triangular signs on which a sketched flying sea eagle could be seen in a white field . The design of these signs was left to the individual countries that are responsible for environmental policy. To this day, many signs still show deviating details in the logo and typography. The black and white aerial drawing of a soaring sea eagle goes back to the painter and graphic artist Hans Troschel, who, as a nature lover, also wrote the book Am See der Milane . The sea eagle was adopted as the symbol of the German heraldic bird . Also in 1954 a sign was made official in the German Democratic Republic , which showed a logo of a long-eared owl designed by the conservationist Kurt Kretschmann (1914-2007) . In its last version, a graphically modified image of the owl on a yellow, trapezoidal shield with an upwardly acute-angled end became legally valid in the GDR on June 1, 1971. As part of the reunification , the decision of the 42nd Environment Ministers' Conference of 18./19. May 1994 to continue using the owl symbol on the territory of the former GDR. It was also suggested that the symbol of the long-eared owl should be introduced throughout Germany. This suggestion was taken up by some West German federal states, whereby it remained a state matter how a future owl logo should be designed. Instead of the name eagle , the official term used in Bavaria is also a bird of prey .
- Baden-Württemberg, Bavaria, Hamburg, Hesse, North Rhine-Westphalia, Rhineland-Palatinate and Saarland use the sea eagle in the green triangle.
- Since the end of December 1994, the Kretschmann owl has been set up in Berlin in a green, triangular sign.
- In 1996, Lower Saxony had its own owl logo developed in a green, triangular shield.
- The owl in the green triangle is also valid in Bremen.
- Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia use the owl in the pentagon as in GDR times, with Saxony-Anhalt using a white background instead of the yellow one.
Area shares of the landscape protection areas in the federal states
|state||number||Area share||State Nature Conservation Act||Protected areas|
|Baden-Württemberg||1451||23.0%||Law for the protection of nature, for the care of the landscape and on the recreational provision in the open landscape (Nature Conservation Act - NatSchG) of December 13, 2005||List of landscape protection areas in Baden-Württemberg|
|Bavaria||702||30.1%||Law on the protection of nature, the care of the landscape and recreation in the great outdoors (Bavarian Nature Conservation Act - BayNatSchG) of February 23, 2011||List of landscape protection areas in Bavaria|
|Berlin||50||13.3%||Law on Nature Conservation and Landscape Management of Berlin (Berlin Nature Conservation Act - NatSchGBln) of January 30, 1979 (in the version of November 3, 2008)||List of landscape protection areas in Berlin|
|Brandenburg||115||40.2%||Brandenburg Implementation Act for the Federal Nature Conservation Act (Brandenburg Nature Conservation Implementation Act - BbgNatSchAG) as published on January 21, 2013||List of landscape protection areas in Brandenburg|
|Bremen||8th||20.3%||BremNatSchG (Bremen Nature Conservation Act) Proclamation: April 16, 2016||List of landscape protection areas in the Free Hanseatic City of Bremen|
|Hamburg||19.1%||Hamburg law for the implementation of the Federal Nature Conservation Act (HmbBNatSchAG) of May 11, 2010||List of landscape protection areas in Hamburg|
|Hesse||9.8%||Hessian Implementation Act for the Federal Nature Conservation Act (HAGBNatSchG) of December 20, 2010, amended by Article 3 of the law of December 12, 2012||List of landscape protection areas in Hessen|
|Mecklenburg-Western Pomerania||147||30.0%||Law of the state of Mecklenburg-Western Pomerania for the implementation of the Federal Nature Conservation Act (Nature Conservation Execution Act - NatSchAG MV) of February 23, 2010, amended by Article 14 of the law of July 12, 2010||List of landscape protection areas in Mecklenburg-Western Pomerania|
|Lower Saxony||1270||20.1%||Lower Saxony Implementation Act for the Federal Nature Conservation Act (NAGBNatSchG) of February 19, 2010 last amended by Article 3, Section 21 of the Act of May 20, 2019 (Nds. GVBl. P. 88)||List of landscape protection areas in Lower Saxony|
|North Rhine-Westphalia||45.2%||Law to safeguard the natural balance and the development of the landscape (Landscape Law - LG) In the version published on July 21, 2000, last amended by Article 1 of the law of March 16, 2010||List of landscape protection areas in North Rhine-Westphalia|
|Rhineland-Palatinate||29.5%||State law for the sustainable development of nature and landscape (State Nature Conservation Act - LNatSchG) of September 28, 2005||List of landscape protection areas in Rhineland-Palatinate|
|Saarland||39.4%||Law for the protection of nature and homeland in Saarland - Saarland Nature Conservation Act - (SNG) -
of April 5, 2006, last amended by the law of October 28, 2008
|List of landscape protection areas in Saarland|
|Saxony||179||30.0%||Law on nature conservation and landscape management in the Free State of Saxony (Sächsisches Naturschutzgesetz - SächsNatSchG) of 6 June 2013||List of landscape protection areas in Saxony|
|Saxony-Anhalt||33.3%||Nature Conservation Act of the State of Saxony-Anhalt (NatSchG LSA) of December 10, 2010||List of landscape protection areas in Saxony-Anhalt|
|Schleswig-Holstein||16.5%||Law for the Protection of Nature (State Nature Conservation Act - LNatSchG) of February 24, 2010||List of landscape protection areas in Schleswig-Holstein|
|Thuringia||26.0%||Thuringian Law for Nature and Landscape (ThürNatG) as published on August 30, 2006||List of landscape protection areas in Thuringia|
|Federal Republic (total)||28.5%||Federal Nature Conservation Act|
In Austria, the federal states are responsible for this area. There are therefore different rules in every federal state in Austria. The intention is the same throughout Austria:
"A landscape protection area is a largely natural area with a special character, a high aesthetic value or recreational value of the landscape, which is protected in such a way that the implementation of measures that cause a significant impairment of the landscape can be prevented in an official procedure."
This means general areas under nature conservation law, the protection of which primarily encompasses the overall appearance of the landscape - in the wording, for example, "scenic beauty or individuality" and the like. Concrete nature protection ( species or biotope protection ) plays a subordinate role, as does the wilderness concept : It is primarily a protection instrument for cultivated land , also “in interaction with the type of use and buildings”, and consideration of the recreational value . The protection is only object-specific insofar as it is about "landscape-defining elements". Overall, the protective measures in the landscape protection area are lower than in other protection classes, but have an important function in spatial planning , development planning and regional development .
In all federal states, landscape protection areas are declared by ordinance . Landscape protection plays a special role as an instrument in most federal states, here the landscape protection area belongs to the basic protection classes:
- Section 23 Burgenland Nature Conservation and Landscape Management Act 1990
- Section 25 Carinthian Nature Conservation Act 2002
- § 8 Lower Austria Nature Conservation Act 2000
- § 11 Upper Austria. Nature and Landscape Protection Act 2001
- Sections 16–18 Salzburg Nature Conservation Act 1999
- Section 6 Styrian Nature Conservation Act 1976
- § 10 Tyrolean Nature Conservation Act 2005
- Section 24 Vienna Nature Conservation Act
Deviating from this, in Vorarlberg (§ 26 Law on Nature Conservation and Landscape Development No. 5) the landscape protection area is only intended as a "designation" for the protection goal of a general § 26 protection area; there are only two such areas here.
Limited to areas outside the built-up areas are in the provinces of Salzburg and Tyrol. In Vienna, “historical significance” is also explicitly mentioned, in Burgenland also “archaeologically significant parts of the landscape”. In Vienna it is also intended as an additional award to the park protection areas and the protected area forest and meadow belt (according to building regulations 1985), in Upper Austria the concept of the nature park is integrated into that of the landscape protection area. According to the protection concept, in addition to major changes in the landscape, in particular certain forms of intensive building, felling or afforestation, earth moving or raw material extraction, immissions such as noise ( noise protection , Vienna), use for camping (Styria, Salzburg), and off-site parking are prohibited or restricted the traffic areas (Salzburg) and the like.
In 2009 there were 247 areas with landscape protection status . With 12,696 km² around 15% of the federal territory is under landscape protection. This means that landscape protection is one of the most intensively used protection classes in Austria in terms of area, and makes up around three fifths of the total national protection (25% of the federal territory).
- Mitschang / Reidt in: Battis / Krautzberger / Löhr, Building Code, 14th edition 2019, § 9 paragraphs 227-228.
- The Chairman of the Council for Agricultural Production and Food Industry of the German Democratic Republic: Order on the labeling of nature conservation objects in the German Democratic Republic of April 8, 1971 . In: Law Gazette of the German Democratic Republic , Part II, No. 52, issue date: June 23, 1971, pp. 446–447.
- Redesign of the nature conservation signs . In: Negotiations of the German Bundestag Volume 521, Bonn 1995, p. 145.
- Area share of landscape protection areas in the federal states and in Germany ( Memento of the original from June 18, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- NatSchG ( Memento of the original from July 10, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 737 kB)
- NatSchGBln ( Memento of the original from May 24, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 557 kB)
- NatSchAG MV
- Landscape Law
- NatSchG LSA
- Peter Aubrecht, Karl Christian Petz: Nature conservation major areas in Austria. An overview . (M-134). In: Umweltbundesamt (Ed.): Monographs . tape 134 . Vienna 2002, ISBN 3-85457-571-8 , 184.108.40.206 Landscape protection area , p. 21 (and country chapters) ( web link , Umweltbundesamt.at, link to abstract (pdf) [accessed on August 25, 2009]).
- landscape protection area. In: Umweltbundesamt.at → Umweltsituation → Naturschutz → Protected areas. Federal Environment Agency , accessed in 2011 .
- Maria Tiefenbach, Gerlinde Larndorfer, Erich Weigand: Nature conservation in Austria . (M-091). In: Federal Environment Agency, Federal Ministry for the Environment, Youth and Family (ed.): Monographs . tape 91 . Vienna 1998, 4.4.2 Landscape Protection Area, p. 49 ( pdf , Umweltbundesamt.at [accessed on August 25, 2009]).
- z. B. Section 24 (1) line 2 Vienna Nature Conservation Act
- z. B. § 8 (3) Z. 2 Lower Austrian Nature Conservation Act