Construction measures and nature conservation
What must be observed for projects that do not require authorisation under other regulations?
For many projects or measures, nature conservation issues are examined and approved as part of the authorisation process in accordance with regulations other than those relating to nature conservation.
However, there are many projects and measures (e.g. laying of pipelines, road renovations, clearing of woodland, changes of use on biotope areas, thermal insulation of facades) for which various legally prescribed nature conservation issues must be examined in advance and authorisations granted by the nature conservation authority.
Species conservation issues are particularly problematic here. These are often not immediately recognisable or only lead to conflicts during the execution of projects at certain times (migration and breeding seasons). Amphibian migrations, bird breeding or occupied bat roosts can sometimes be overlooked.
In principle, the following issues must be checked for their impact during planning and before the start of construction work:
- Protected areas according to §§ 23 - 29 of the Federal Nature Conservation Act (BNatSchG) and Natura 2000 areas according to § 31 ff. BNatSchG in Chemnitz: 8 landscape conservation areas (LSG), 4 nature conservation areas (NSG), 48 natural monuments (FND), 10 protected landscape features (GLB), 13 natural monuments (ND) and 5 fauna-flora-habitat areas (FFH areas) may be affected.
Protected areas in Chemnitz [3.2 MB]
- Attention must be paid to existing legally protected biotopes within the meaning of Section 30 BNatSchG in conjunction with Section 21 SächsNatSchG (e.g. cave-rich individual tree, orchard meadow, near-natural small water body, wet meadow, near-natural section of stream, etc.). Information on the location and boundaries of the currently recorded biotopes can be requested from the lower nature conservation authority.
- Interventions in accordance with the regulations of §§ 14 ff. BNatSchG, e.g. the removal of wooded areas for the clearing of construction sites for the laying of pipelines in outdoor areas or the construction or significant alteration of traffic and service roads (resealing of surfaces) in outdoor areas require the necessary authorisations.
- Woodland clearance or the removal and cutting of hedges during the vegetation period - within the meaning of Section 39 (5) sentence 1 no. 2 BNatSchG, this applies to the period from 1 March to 30 September - in indoor and outdoor areas always requires the approval of the lower nature conservation authority (uNB).
- The presence of specially or strictly protected species, e.g. amphibians, requires an assessment of whether suitable spawning waters are available in the immediate vicinity of the intended measure. When clearing woodland during the bird breeding season (March to August), it is always necessary to check for breeding sites. The same applies to measures on embankment walls or water edge strips in the period from February to July. When renovating buildings (cellars, roofs), tunnels or bridges, there is a risk that bats may be affected. The same applies to tree hollows.
- When demolishing, converting or renovating buildings, e.g. closing cracks or crevices in the roof or façade, which serve as breeding or resting places for swifts, house sparrows or bats, for example, special attention must be paid to species protection.
These points can be used as a "checklist" when planning projects. However, it should be noted that due to the diversity of projects and their impact on nature conservation issues, especially species conservation issues, only exemplary information can be provided. For this reason, we recommend contacting the uNB in good time, if possible at the start of planning, and/or commissioning a specialist expert to coordinate the project with the uNB.