Permanent grassland and permanent grassland fallow; application for a derogation for conversion

It is prohibited to convert permanent grassland and permanent grassland fallow into agricultural use. A nature conservation exemption permit can be applied for from the competent authority.

A distinction is made between three cases of conversion of permanent grassland:

1) Conversion of permanent grassland into arable land or permanent crops

When converting permanent grassland to another form of agricultural use (arable land, permanent crops), converted permanent grassland must be replaced with land of equal value (reseeding on arable land or permanent grassland). The assessment is carried out by the lower nature conservation authority. An exemption from the conversion ban (and thus the obligation to reseed replacement areas) is possible for areas that have not yet been subject to a reseeding obligation (new permanent grassland created after 2015).

2) Conversion of permanent grassland for grassland renewal

Grassland renewal does not fall under the prohibition of conversion under nature conservation law, with the exception of legally protected biotopes, which also includes "species-rich and structurally rich permanent grassland".

3) Conversion of permanent grassland into non-agricultural land (usually for construction projects or afforestation)

If "environmentally sensitive permanent grassland" is affected, the removal of the "environmentally sensitive" provision must be applied for.

Responsible authorities

• Conversion of permanent grassland into arable land or permanent crops
  • Farm subject to greening: An exemption under nature conservation law and a permit under subsidy law is required. You must apply for these at the responsible Office for Food, Agriculture and Forestry.
  • Farm exempt from greening (organic farms, small producers): Exemption under nature conservation law is required. It must be applied for at the responsible lower nature conservation authority.
• Conversion of permanent grassland for grassland renewal: Provided that no legally protected biotopes are affected, approval is still required under subsidy law. You must apply for approval from the responsible Office for Food, Agriculture and Forestry.

The impairments must be compensated for.

• Application for exemption/approval of a conversion of non-environmentally sensitive permanent grassland for grassland renewal by plowing
• Application for exemption/authorization for the conversion of non-environmentally sensitive permanent grassland into arable land or permanent crops
• Application for approval to convert permanent grassland into non-agricultural land
• Declaration of willingness of the other farmer to establish new permanent grassland
• Consent of the owner for the establishment of new permanent grassland

• Art. 3 para. 4 sentence 1 no. 1 and para. 5 sentence 1 Act on the Protection of Nature, Landscape Conservation and Outdoor Recreation (Bavarian Nature Conservation Act - BayNatSchG)
• § Section 5 of the German Nature Conservation and Landscape Management Act (BNatSchG)

1) Conversion of permanent grassland into arable land or permanent crops

• Farm subject to greening
  The application must be submitted to the responsible office for food, agriculture and forestry. The lower nature conservation authority carries out the nature conservation assessment and issues a decision, which is forwarded to the Office for Food, Agriculture and Forestry. The Office for Food, Agriculture and Forestry checks the other requirements (e.g. water law, funding law). The Office for Food, Agriculture and Forestry then sends both notifications to the applicant.
   
• Farm exempt from greening (organic farms, small producers)
  The conversion of permanent grassland into arable land or permanent crops is subject to approval under nature conservation law! The application is submitted directly to the responsible lower nature conservation authority. The lower nature conservation authority carries out the nature conservation assessment and issues a decision, which is sent directly from the lower nature conservation authority to the applicant.

2) Conversion of permanent grassland for grassland renewal

Farms subject to the greening obligation submit an application for conversion to the responsible office for food, agriculture and forestry. If necessary, an opinion is obtained from the lower nature conservation authority and a decision is issued.

In the case of legally protected biotopes, any farmer planning to restore grassland in these areas must obtain a special permit from the lower nature conservation authority.

3). Conversion of permanent grassland into non-agricultural land (usually for construction projects or afforestation)

The application must be submitted to the responsible Office for Food, Agriculture and Forestry, which will carry out the technical examination and, if necessary, obtain a statement from the lower nature conservation authority. If "environmentally sensitive permanent grassland" is affected, an application must be made to remove the "environmentally sensitive" designation. The Office for Food, Agriculture and Forestry issues the decision.