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Nature conservation law in road planning; information on implementation instructions for the application of the Bavarian Compensation Ordinance

The State Ministry for the Environment and Consumer Protection has issued a "biotope value list" for the application of the Bavarian Compensation Ordinance. In addition, implementation instructions for state road construction have been drawn up.

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On August 7, 2013, the Bavarian State Government issued the Ordinance on the Compensation of Interventions in Nature and the Landscape (Bavarian Compensation Ordinance - BayKompV) (GVBl p. 517; BayRS 791-1-4-UG). It came into force on September 1, 2014 and is to be applied to all procedures that are applied for after the ordinance comes into force or are notified in accordance with a statutory notification obligation or for which the project sponsor applies for its application. In a circular from the State Ministry of the Interior, Building and Transport dated February 28, 2014, ref.: IIZ7-4021-001/11, the following implementation instructions were introduced for use in the area of state road construction.

For the biotope value procedure of the Bavarian Compensation Ordinance, the State Ministry for the Environment and Consumer Protection has issued a "biotope value list" in agreement with the departments concerned. It has been published on the website of the State Ministry for the Environment and Consumer Protection.

The implementation guidelines for the Bavarian Compensation Ordinance for State Road Construction - Implementation Guidelines for Road Construction - have been agreed with the State Ministries for the Environment and Consumer Protection and for Food, Agriculture and Forestry in the interests of uniform application and form the binding basis for project coordination with the nature conservation, agricultural and forestry authorities. The provisions of the implementation instructions for road construction are inserted as text boxes at the relevant points in the text of the ordinance and the explanatory memorandum.

The use of the implementation instructions requires relevant nature conservation, legal and landscape planning expertise. It is intended for specialists in the field of landscape planning.

  • The required documents are determined in each individual case by the project sponsor and the responsible permitting authority.
Status: 20.06.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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