Announcements on environmental law proceedings
The rights of citizens are particularly far-reaching when it comes to environmental protection. The public can exert a particular influence on environmentally relevant processes. Access to environmental information must be guaranteed by the public administration.
Current announcements
Current announcements from the Environmental Agency are published here.
Implementation of the Environmental Impact Assessment Act (UVPG): Documentation and determination of the result of a site-related preliminary assessment in accordance with the UVPG
Building plot: Mauersbergerstraße, 09117 Chemnitz
District: Neustadt
Parcel no.: 108/43
Author of the design: GICON-Großmann Ingenieur Consult GmbH, Tiergartenstraße 48, 01219 Dresden
BImSchG application: Construction and operation of a biomass cogeneration plant for the generation of district heating and electricity, Ref.: 36.31Au32.30.02-354/25
The company Bioenergie Chemnitz GmbH is planning the construction and operation of a biomass cogeneration plant (in short: BMHKW) at the above-mentioned location. The new biomass cogeneration plant (BMHKW) to be built for the combustion of untreated wood in accordance with No. 1.2.1 of Annex 1 of the 4th BImSchV serves to generate electrical energy and thermal energy (district heating). The combustion heat output should not exceed 31 MW. A maximum of 7.5 MW of electrical power and a maximum of 18 MW of district heating are to be generated from the power plant process.
The planned BMHKW consists of the following operating units (BE), which are listed below:
BE1 - Fuel storage
BE2 - Fuel transport
BE3 - Firing and boiler plant - BE4 - Energy generation
BE5 - Ancillary equipment
BE6 - Dust separation and flue gas discharge
The construction and operation of the above-mentioned CHP plant will exceed the quantity threshold of 1,000 kW thermal firing capacity. The entire plant is therefore subject to new authorisation under immission control law in accordance with Sections 4 and 19 of the Federal Immission Control Act (BImSchG) in conjunction with No. 1.2.1 of Annex 1 to the Ordinance on Installations Subject to Authorisation - 4th BImSchV. The required immission control permit application was submitted on 4 April 2025.
The Environmental Impact Assessment Act (UVPG) in the version published on 18 March 2021, last amended on 23 October 2024, applies to all projects listed in Annex 1 in accordance with Section 1 (1) No. 1. According to § 7 para. 2 sentence 1 i. V. m. No. 1.2.1 of Annex 1 of the UVPG, the construction and operation of a plant for the generation of electricity, steam, hot water, process heat or heated exhaust gas in a combustion facility (such as a power plant, combined heat and power plant, heating plant, gas turbine plant, internal combustion engine plant, other combustion plant), including the associated steam boiler, is subject to a permit, with the exception of combustion engine systems for drilling rigs and emergency power generators, through the use of coal, coke including petroleum coke, coal briquettes, peat briquettes, fuel peat, untreated wood, emulsified natural bitumen, heating oils, with the exception of EL heating oil, with a rated thermal input of 1 MW to less than 50 MW, a
site-specific preliminary test
must be carried out.
In accordance with Section 7 (2) sentence 2 UVPG, the site-specific preliminary assessment must be carried out by the authority as a rough assessment in two stages. In the first stage, it must be examined whether the new project is subject to special local conditions in accordance with the protection criteria listed in Annex 3 number 2.3. If the assessment in the first stage shows that there are no special local conditions, there is no obligation to carry out an EIA. If, on the other hand, there are special local circumstances, the authority shall examine at the second stage, taking into account the criteria listed in Annex 3, whether the new construction project may have significant adverse environmental impacts that affect the particular sensitivity or the protection objectives of the site and would have to be taken into account in the authorisation decision in accordance with Article 25(2) of the Environmental Impact Assessment Act. If the authority comes to the conclusion that such environmental impacts exist, an EIA obligation exists. According to Section 7 (5) UVPG, the preliminary assessment must take into account whether significant adverse environmental impacts are obviously excluded by the characteristics of the project or the site or by precautions taken by the project developer.
1. characteristics of the site/project with regard to No. 2.3 of Annex 3 UVPG
In the first stage of the approximate site-specific assessment in individual cases, it is examined whether special local conditions exist in accordance with the protection criteria listed in Annex 3 No. 2.3 of the Environmental Impact Assessment Act.
1.1 Resilience of the protected assets with special consideration of the following areas and the type and scope of protection assigned to them (protection criteria)
1.1.1 Natura 2000 areas pursuant to Section 7(1)(8) of the Federal Nature Conservation Act
The project is not located in a Natura 2000 site. The nearest FFH areas are the separate bat roost (DE4946302) around the rock domes in the district of Rabenstein, located approx. 3,000 m north-north-west of the plant. Due to the distance, relevant impacts can therefore be ruled out.
1.1.2 Nature conservation areas in accordance with Section 23 of the Federal Nature Conservation Act
There are no protected areas pursuant to Sections 23 to 29 of the Federal Nature Conservation Act (BNatSchG) in the direct project area. Furthermore, no biotopes within the meaning of Section 30 BNatSchG in conjunction with Section 12 SächsNatSchG are known on the site.
To the west of the project area is the legally protected landscape feature (GLB) Eichelteich and surroundings. The GLB was designated by the statutes of the district-free city of Chemnitz for the designation of protected landscape features in six areas of the city of Chemnitz on 4 June 1996. Pursuant to Section 29 (2) BNatScHG, the removal of the GLB and all actions that could lead to the destruction, damage or alteration of the GLB are prohibited in accordance with the more detailed provisions. The FFH bat roost in the Rabenstein rock domes is located in the extended study area. The project does not affect any habitat areas of specially or strictly protected species. Existing habitats are located at a sufficient distance so that no adverse effects are to be expected.
Furthermore, the following biotopes are located in the immediate vicinity of the construction site:
Biotope no. NT-15 (near-natural standing pond)
Biotope no. NT-14 Jagdschänkenbach (near-natural, unobstructed section of stream)
Biotope no. NT-12 Eichelteich (near-natural standing small water body)
Due to the distance, relevant impacts can be ruled out.
1.1.3 National parks and national nature monuments in accordance with Section 24 of the Federal Nature Conservation Act
No national park has been designated either in the immediate vicinity of the project or further afield.
1.1.4 Biosphere reserves and landscape conservation areas pursuant to Sections 25 and 26 of the Federal Nature Conservation Act
No biosphere reserve has been designated either in the immediate vicinity of the project or in the wider area. Please also refer to the comments under 1.1.2.
1.1.5 Natural monuments in accordance with Section 28 of the Federal Nature Conservation Act
There are no natural monuments either in the immediate vicinity of the project or in the wider area. Please also refer to the comments under 1.1.2.
1.1.6 Protected landscape features, including avenues, in accordance with Section 29 of the Federal Nature Conservation Act
There are no protected landscape areas within the direct study area. To the west of the project area is the legally protected landscape feature (GLB) Eichelteich and surrounding area. However, relevant impacts on the protected area can be ruled out.
1.1.7 Legally protected biotopes in accordance with Section 30 of the Federal Nature Conservation Act
No biotopes within the meaning of Section 30 BNatSchG in conjunction with Section 12 SächsNatSchG are known on the site.
Furthermore, the following biotopes are located in the immediate vicinity of the construction site:
Biotope no. NT-15 (near-natural standing pond)
Biotope no. NT-14 Jagdschänkenbach (near-natural, unobstructed section of stream)
Biotope no. NT-12 Eichelteich (near-natural standing small water body)
Due to the distance, relevant impacts can be ruled out.
1.1.8 Water protection areas in accordance with Section 51 of the Federal Water Act, medicinal spring protection areas in accordance with Section 53(4) of the Federal Water Act, risk areas in accordance with Section 73(1) of the Federal Water Act and floodplains in accordance with Section 76 of the Federal Water Act
The plant is not located in a water protection area. There are no water protection areas, medicinal spring protection areas, risk areas or floodplains in the immediate and wider surroundings, which means that relevant impacts can be ruled out.
1.1.9 Areas in which the environmental quality standards laid down in European Union regulations are already exceeded
The EU Air Quality Directive was implemented in German law through the Federal Immission Control Act (BImSchG) and the ordinances based on it. No such environmental quality standard has been exceeded at the plant site.
1.1.10 Areas with high population density, in particular central locations within the meaning of Section 2 (2) No. 2 of the Spatial Planning Act
The site is located within the city of Chemnitz, district of Neustadt. The city of Chemnitz is designated as a central location (regional centre) in the state development plan. The city has 251,485 inhabitants, the area is 221.03 km² (Chemnitz) (as at 31/12/2023). The immediate surroundings of the site are characterised by commercial uses, and the land use plan designates it as a commercial development area. The nearest residential uses are located at the following distances (distance from the BMHKW building)
approx. 735 m residential building "Semmelweisstraße 51" in an east-south-easterly direction
approx. 760 m commercial and residential building "Lassallestraße 12" in a northerly direction
approx. 840 m commercial and residential building "Curiestraße 18" in a north-westerly direction
approx. 1,030 m residential building "Jagdschänkenstraße 48" in a westerly direction.
The allotment garden site "Wiesental e.V." is located approx. 750 m to the east. No significant adverse environmental impacts on the geographical area and the population can be derived from the expected impairments. Appropriate forecasts have shown that the population will not be significantly affected as a protected resource.
1.1.11 Monuments, monument ensembles, archaeological monuments or areas classified as archaeologically significant landscapes in official lists or maps by the monument protection authorities designated by the federal states
According to the FHH atlas, there are no such areas on the plant site or in the immediate vicinity, meaning that relevant impacts can be ruled out.
1.2 Assessment result with regard to the criteria in accordance with No. 2.3 of Annex 3 UVPG (1st stage)
In the first stage of the approximate site-specific assessment in individual cases, it was determined that no special local conditions have arisen for the project with regard to the protection criteria in accordance with Annex 3 No. 2.3 UVPG that require a more in-depth assessment. The second assessment stage is therefore not required here.
2 Type and characteristics of the potential impacts
The potential significant effects of a project on the protected resources must be assessed on the basis of the relevant criteria listed above under 1; the following aspects in particular must be taken into account:
2.1 the nature and extent of the effects, in particular which geographical area is affected and how many people are likely to be affected by the effects,
2.2 the possible transboundary nature of the impact,
2.3 the severity and complexity of the impacts
2.4 the likelihood of impacts,
2.5 the likely time of occurrence and the duration, frequency and reversibility of the impacts
2.6 the interaction of the impacts with the impacts of other existing or authorised projects,
2.7 the possibility of effectively minimising the impacts.
A site-specific preliminary assessment was carried out for the combined heat and power plant as part of the authorisation procedure for the new permit. As part of their rough preliminary assessment, the specialist authorities involved determined that, in accordance with the criteria listed in Annex 3, number 2.3, the project cannot have any significant adverse environmental impacts that affect the particular sensitivity or the protection objectives of the aforementioned areas and would have to be taken into account in the authorisation decision in accordance with Section 25 (2), provided that the conditions imposed in the permit are complied with.
3. overall result of the site-specific preliminary assessment of the individual case in accordance with Section 9 UVPG
The site-specific preliminary assessment of the individual case in accordance with Sections 7 and 5 UVPG has shown, after a rough examination taking into account the relevant criteria in accordance with Annex 3 UVPG, that the project applied for cannot have any adverse environmental impacts on the protected assets listed in Section 2 (1) UVPG, meaning that an environmental impact assessment is not required.
In accordance with Section 5 (3) UVPG, this finding cannot be contested independently. The documents for the preliminary assessment as well as the protocol on the implementation and the result of the preliminary assessment are available to the public in accordance with the provisions of the Environmental Information Act (UIG) in conjunction with the Saxon Environmental Information Act (SächsUIG) from 8 September 2025 to 2 October 2025 at the City of Chemnitz, Environmental Agency, Lower Immission Control Authority, Friedensplatz 1 in 09111 Chemnitz, Room A014 during the opening hours of the Technical Town Hall.
Chemnitz, 25 August 2025
signed. Carina Kühnel
Head of Office
Environmental Agency
Recording of precipitation water discharges into water bodies
The targeted discharge of collected rainwater from built-up or paved areas into a surface water body is a water body utilisation within the meaning of the German Federal Water Act (WHG) and generally requires a corresponding permit under water law from the responsible water authority. Such authorisation may only be granted if the quantity and harmfulness is kept so low that no negative impact on the water body is to be expected.
Only small discharges from individual properties that are not used commercially are exempt from the authorisation requirement (discharges within the scope of residents' and public use).
During water inspections, unknown discharges are repeatedly detected and, in addition, the existing discharge outflows often exceed the quantities compatible with water bodies. For this reason, the Free State of Saxony has issued a decree on the "Adaptation of stormwater discharges from combined and separate sewer systems in the Free State of Saxony to the state of the art - Stormwater Action Concept (HKReWa)", which stipulates that data on existing discharges must first be collected from all dischargers of stormwater and transmitted to the Free State of Saxony via the lower water authorities. The aim is to record all discharges into surface waters that are subject to authorisation in order to initiate targeted measures to relieve the pressure on water bodies and improve the ecological status of water bodies.
Discharges from individual properties not used for commercial purposes are expressly excluded from the survey.
The Lower Water Authority of the City of Chemnitz therefore asks all dischargers to fill out the Excel table, which is available for download below, as completely as possible for each discharge point under the sheet "Data collection" up to column V by 31 December 2025. We also ask you to complete the cover sheet in full.
Please send the completed tables by e-mail to the following address: umweltamt.wasser(at)stadt-chemnitz.de.
More detailed information on the decree of the Free State of Saxony can be found at the following link. The decree sets out further requirements for the future handling of precipitation water discharges into public waters. The exact details can be found in the decree.
If you have any further questions, please do not hesitate to contact us at the above e-mail address or by telephone on 0371 488-3651.
Participation in the updating of the international management plan for the Elbe river basin district
Citizens have until 22 June 2025 to participate in the update of the international management plan for the Elbe river basin district. The management plan covers the period from 2028 to 2033 and includes important water management issues. The consultation process is currently running in the 1st and 2nd stages. Citizens can send their comments directly to the International Commission for the Protection of the Elbe or to the Saxon State Office for Environment, Agriculture and Geology (LfULG).
The International Commission for the Protection of the Elbe can be contacted at the following address:
International Commission for the Protection of the Elbe
Fürstenwallstraße 20
39104 Magdeburg
www.ikse-mkol.org
sekretariat(at)ikse-mkol.org
You can reach the LfULG at the following address:
Saxon State Office for Environment, Agriculture and Geology
Department 4: Water, Soil, Circular Economy
Pillnitzer Platz 3
01326 Dresden
https://www.wasser.sachsen.de/wrrl-aktuelle-anhoerungen.html
Abt4.LfU LG@smekul.sachsen.de
The documents can also be inspected on request at the Environmental Agency of the City of Chemnitz. Please use the following contact to arrange an appointment:
City of Chemnitz, Environmental Agency, Department of Lower Water and Soil Protection Authority
E-mail: umweltamt.wasser(at)stadt-chemnitz.de
Telephone: 0371 488-3651
Further information on the update of the international management plan for the Elbe river basin district, in particular on the comments, can be found in the following documents.