Ännerungen am Naturschutzgesetz: Liewe mat der Natur

On 6 November 2024, at a press conference, the Ministry of the Environment, Climate and Biodiversity presented the draft law amending the amended law of 18 July 2018 on the protection of nature and natural resources, amending the law of 23 August 2023 on forests and amending the amended law of 19 July 2004 on municipal planning and urban development.

This bill brings together a number of measures designed to create a more advantageous situation for citizens and nature:

reduce the administrative burden and speed up construction in an urbanised or urban-development zone;
promote the inclusion of natural elements in the urban environment, with particular reference to the’communal development and specific development plans; and
accelerate creation and restoration of natural elements, biotopes and habitats.

With regard to simplifying administrative procedures to speed up the creation of housing in urbanised areas or areas earmarked for urbanisation, while ensuring an increase in the rate of greening in urban areas, the Ministry has highlighted the following concepts:

Natur op Zäit: Abolition of the obligation to compensate for certain types of biotope that are less than 15 years old within urbanised areas or areas earmarked for urbanisation.

The «Natur op Zäit» concept aims to promote the development of temporary natural elements in the urban environment. The idea is to enable owners or developers to allow nature to develop freely on land in urbanised areas or areas earmarked for urbanisation, without having to compensate for this vegetation when carrying out a construction project. In this way, a temporary benefit for biodiversity on these surfaces is generated.

Measurement:

Removal of the protected status of biotopes with a high potential for rapid and spontaneous development (early stages of scrub succession, pioneer forests, etc.).

Assets:

Greater acceptance of the spontaneous establishment of such biotopes without fear of an obligation to compensate.
Promoting a proactive and less restrictive approach to integrating ecological elements into urban development.
Reduction in costs (linked to the implementation of compensation measures) and acceleration of construction work.

In return, the obligation to provide green infrastructure (e.g. trees and shrubs, parks, green roofs and walls, etc.) on at least 10% of the surface area of any «new district» special development plan (SDP) or «public buildings and facilities» zone has been introduced.

Percentage of urban woodland cover and ecological characteristics

Urban woodland cover refers to the surface area covered by trees and shrubs in the urban environment. To calculate this surface area, we take into account areas that have already been or will be urbanised, as well as parks and green areas. Trees and shrubs must have certain minimum dimensions to be taken into account. The woodland cover must also have certain ecological qualities, such as the function of the ecological network and the percentage of native species or species adapted to the situation.

Measurements:

Removal of the need to carry out field surveys and anticipate mitigation measures («CEF measures») in relation to certain species protected at European level that depend on biotopes with rapid and spontaneous development, provided that the level of woodland cover in the municipality is greater than 20%.
Encouraging a proactive and less restrictive approach to integrating ecological elements into urban development with a view to increasing the resilience of the urban environment and its citizens to the effects of climate change, while encouraging the installation of green infrastructure and an ecological network in the urban area.
Periodic drawing up of a report on biotopes and habitats in urbanised areas or areas destined for urbanisation in order to measure and evaluate the number, ecological quality and evolution of these elements in the urban environment.
Drawing up an inventory of urban woodland cover for each municipality in the country.

Assets:

Encourage local authorities to increase their woodland cover (currently around 40% of local authorities have 20% of woodland cover); the long-term objective is to reach 30.
Speed up and control the cost of creating housing, by eliminating the need for site surveys.

Serge Wilmes, Minister for the Environment, Climate and Biodiversity

Compensation «once and for all»

The State is responsible for compensating «once and for all» on State-owned land for the hunting habitats of wide-ranging species located in urbanised areas or areas earmarked for urbanisation. The compensation measures to be implemented are global on state-owned land, and targeted on appropriate land according to the biological needs of the targeted species in order to re-establish their favourable conservation status.

Measurements:

Elimination of the need for compensatory measures in relation to the hunting habitat of wide-ranging species for projects located in urbanised areas or areas earmarked for urbanisation.
Compensation «once and for all» for the habitats of species protected at European level that have an unfavourable conservation status; this only concerns hunting habitats, as breeding sites and resting places remain subject to strict protection under the «nature» directives.
Compensatory plans will be drawn up for these wide-ranging species on the state-owned land targeted, making provision for specific structures or resources, such as refuge areas, flower strips, grassed areas, etc. These compensation plans will be re-evaluated on a regular basis.

Assets:

Removal of the need to carry out field studies and compensatory measures in relation to the hunting habitat of wide-ranging species.
Acceleration of authorisation procedures for building projects in buildable areas.
Reduction in charges due to reimbursement taxes («eco-points») in relation to construction projects.

Nature Restoration Law

With a view to promoting the restoration of ecosystems and their services, appropriate simplification measures are being introduced to facilitate and accelerate habitat and biotope restoration projects in order to achieve the objectives of the new Nature Restoration Law (Regulation (EU) 2022/869). In the same context, certain amendments to the law of 23 August 2023 on forests are also planned to promote the creation, restoration and management of habitats of Community interest.

In a nutshell, The general aim of the bill is to ensure the quality of life in all urbanised and planned areas in the face of the effects of climate change.

Green infrastructure within the urban fabric contributes to better water retention and lower temperatures in towns and villages. In addition to these microclimatic benefits, they also improve air quality, encourage biodiversity in urban areas and, more generally, create a natural, peaceful atmosphere.

«Mat dësem Bill wëlle mir d'Liewe mat der Natur stäerken. Mei Naturschutz iwwer Land. Méi Natur an onsen Dierfer a Stied. A gläichzäiteg mei Wunnengen. Alles geet Hand an Hand.»