Compensation Area Management - Germany

The Compensation Area Management is a national law enacted in 2010 as part of the Federal Nature Conservation Act (Bundesnaturschutzgesetz) in Germany, aiming to protect the value of nature and the landscape of the country as the basis for human life and health and out of responsibility to future generations. The Law applies to settled and unsettled areas to safeguard the following three aspects in the long-term: biological diversity, the efficiency and functionality of the natural balance (including the regenerative capacity and sustainable usability of the natural assets), and the diversity, individual character and beauty as well as the recreational value of nature and the landscape. Protection also includes the maintenance, development and restoration of nature. The Compensation of Areas settles on §15 of the Federal Nature Conservation Act, which describes that declines in the current state of nature or landscapes need to be avoided and - if not otherwise possible - needs to compensate or substitute the impairments in time, scale, function and - if possible - place. As such, the law supports nature-based solutions and ecosystem restoration across German cities.

Overview

Type of instrument:

Legislative, regulatory and strategic instruments›Dedicated strategy, plan, or law

Challenges addressed

Ecologic connectivity
Soil quality
Flood risk: pluvial and fluvial / soil permeability
Air quality
Noise
Human health, comfort and well-being

Consideration of nature-based solutions:

Through the compensation or substitution of impairments, the law supports the implementation of nature-based solutions and restoration of ecosystems in cities across Germany. Diverse types of nature-based solutions can be implemented under the law, including e.g. river restoration, installation of a fish ladder, taking agricultural land out of usage or desealing industrial areas. The aim of each substitution or compensation measure is to restore or develop the compromised nature in a different location in a way that it is equivalent to its former state in terms of function and appropriateness for the overall landscape. This means that, for example, an original grassland area does not to be compensated by another grassland area, but can rather be compensated by a restored swamp or an installed fish ladder.

Targeted (peri-)urban areas:

Parks and (semi)natural urban green areas

Blue areas

Green areas for water management

Derelict areas

Urban green space connected to grey infrastructure

Good practice characteristics:

Support multifunctional NBS

Sustainable in the long-term

Locally appropriate

Potential to be replicated / upscaled

Governance

Government body/bodies

Initiating body:

German Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection

Instrument design:

Details about how the instrument was designed:

The Compensation Area Management is a result of the German Federal Nature Protection Act. The first version of the Act was a framework rather then an Act and served as a guideline for the federal Nature Protection Acts. With a revision of the Act in 2010, the Act adopted a legislative character and was from then on binding for the Federal Nature Protection Acts.

Instrument implementation:

Type of involvement:

The public sector as well as the private sector have to fullfill the compensation requirements set by the authority and implement the compensation measures accordingly.

Type of non-governmental actors involved:

Implementation of NBS (e.g. with government funds)

Targeted actors:

Public sector institution (e.g. school or hospital)

Private: household, real estate developer, business , financial

Financing

Sources of funding:

Public national budget

Public regional budget

Corporate investment

Inversión empresarial

Budget:

Unknown

Details about instrument financing:

Each compensation action is financed by the party causing the impairment. The party and their possible successor need to secure the existence and maintenance of the compensation area over a certain time period, which is set by the authority.

Monitoring, evaluation and impacts

Achieved outcomes and impacts:

The Compensation Area Management is able to reduce the negative impacts of building and street developments on nature. With the compensation of the impairments, the overall quality of nature in a wider area is secured.

Success factors and lessons learned:

Looking at the theoretical and legislative aspects of the Compensation Area Management, it avoids a total loss of nature and landscapes as a result of damaging construction works. Taken more practically, however, the Compensation Area Management lacks political power that would be needed for the kind and scale of compensation areas in relation to the construction foreseen, as well as a controlling authority.

Sources and further information

References

List of references:

Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz (BMUV), (2010) Gesetz über Naturschutz und Landschaftspflege (Bundesnaturschutzgesetz - BNatSchG) Available at: http://www.gesetze-im-internet.de/bnatschg_2009/index.html

Photos

Ciudad de Chemnitz