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

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. The following implementation instructions for the area of state road construction were introduced for application in a circular from the State Ministry of the Interior, Building and Transport dated February 28, 2014, file no.: IIZ7-4021-001/11.

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 instructions for the Bavarian Compensation Ordinance for State Road Construction - Implementation Instructions 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.

• § Section 13 ff of the German Nature Conservation and Landscape Management Act (BNatSchG)
• Ordinance on the compensation of interventions in nature and the landscape (Bavarian Compensation Ordinance - BayKompV)

• Ministerial letter on the introduction

  Introduction of the following document for the area of the Bavarian Road Construction Administration

• Biotope value list for the application of the Bavarian Compensation Ordinance (BayKompV)
• Implementation instructions for road construction

  Implementation instructions for the Bavarian Compensation Ordinance (BayKompV) of August 7, 2013 for state road construction - Implementation instructions for road construction - (version as of 02/2014)