The key terms relating to eco-points, the impact mitigation regulation, species protection and compensation areas, explained accurately and with a practical focus.
Compensating for impacts on nature and landscape brings with it many technical terms, drawn from three different areas of law: nature conservation law, species protection law and forestry law. This glossary explains the key terms briefly, with their legal basis and in the context in which they actually appear in the permitting procedure.
The calculated comparison of impact and compensation in value points. The result is a project's compensation requirement. It forms part of the landscape management plan and is the basis for every allocation of eco-points or land.
The first step of the impact mitigation regulation. Impairments must be avoided or reduced as a priority before compensation is even considered. Typical avoidance measures include construction time windows, protective fencing and ecological construction supervision.
The Bavarian Compensation Ordinance (Bayerische Kompensationsverordnung). It assesses impact and compensation in value points using a habitat value list and is based on the affected natural region.
A standardised habitat category, for example species-rich extensively managed grassland, hedgerow or near-natural stream. Biotope types are the calculation unit of most assessment methods and are recorded using the states' mapping keys.
An assessment approach in which each biotope type is assigned a point value. The upgrade results from the difference between the starting and target condition, multiplied by the area. Several federal states work with variants of this method.
An area designated under the EU Birds Directive to protect wild bird species, also known as a Special Protection Area or SPA.
The Federal Compensation Ordinance (Bundeskompensationsverordnung). It applies to projects approved under federal law, for example federal trunk road construction, federal railway lines and federal high-voltage lines under the federal requirements plan.
An advance compensation measure that preserves the ecological function of an affected breeding site or resting place in spatial connection with it. It must be effective before the impact occurs, otherwise the prohibition applies.
Measures that safeguard the coherence of the Natura 2000 network where a project is approved despite significantly impairing a protected area. They must replace the function lost within the network.
The period for which a compensation site must be secured, managed and evidenced. For permanent impacts, the security is unlimited in time, while the permit decision sets out the specific management and maintenance obligations.
A site where an upgrading measure is carried out and permanently secured in law. Depending on state law, security is provided through easements, urban development agreements or entry in the compensation register.
A measure that restores the impaired functions of nature and landscape in kind, generally in spatial connection with the impact. In kind means the same function, not merely an equivalent replacement.
The official register in which recognised compensation measures, the land used and the assigned projects are recorded. It prevents double counting and keeps measures traceable over decades.
The number of value points or the area of land that a project must offset. It follows from the assessment and must be covered before the permit is issued.
The condition of a species or habitat type, measured by distribution, population, habitat and future prospects. Favourable conservation status is the protection goal of European nature conservation law.
The allocation of eco-points from an eco-account to a specific impact. Once debited, the points are used up and the measure is attributed to that project. The transaction is recorded in the compensation register.
The restriction entered in the land register that permanently secures a compensation measure. It binds subsequent owners too and is, in many states, a precondition for a site's recognition.
An instrument that allows upgrading measures to be carried out ahead of a specific impact, banking the resulting eco-points for later projects. The authority assesses and recognises the upgrade, after which it can be drawn down.
Whoever upgrades and permanently secures land and makes the recognised eco-points available. Recognition is granted by the responsible nature conservation authority. greeNature operates its own eco-accounts and is responsible for securing, establishing and managing the land.
The unit of account for the ecological upgrading of a site. Eco-points make impact and compensation comparable in calculation. An eco-point is not an abstract certificate, but represents a measure actually carried out on a specific site.
The specialist supervision of avoidance and protective measures during construction, for example construction time windows, protective fencing, deterrence and relocation. It documents to the authority that the conditions have been met.
The formal procedure under the Environmental Impact Assessment Act, in which a project's environmental effects are identified, described and evaluated. It is a procedural step, not a separate approval decision, and includes the impact mitigation regulation as one of its checks.
The approval of a project despite species protection prohibitions. It requires compelling reasons of overriding public interest, the absence of a reasonable alternative, and that the conservation status of the populations does not deteriorate.
The reduction of management intensity, for example by forgoing fertiliser and pesticides, mowing later or reducing stocking density, in order to develop species-rich habitats. One of the most common types of measure on grassland.
A measure to secure the favourable conservation status of a species at population level, carried out as part of an exemption under § 45 Abs. 7 BNatSchG. It may lie further from the site of impact than a CEF measure, but must be effective at population level.
The assessment of whether a project could significantly impair a Natura 2000 site's conservation objectives. It is a separate assessment level alongside the impact mitigation regulation and species protection, and cannot be satisfied through eco-points.
EU Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. Annex IV lists species requiring strict protection, which are directly relevant under German species protection law.
A protected area designated under the FFH Directive for specific habitat types and species. Each site has a standard data form setting out its conservation objectives, which governs the assessment of projects.
The conversion of woodland to another type of use, which requires a permit. The permit is issued by the forestry authority under state forest law, usually together with a requirement for replacement afforestation.
A forestry spatial unit with consistent site and climate conditions. Many state forest laws require replacement afforestation to lie within the same growth region, which also governs the permitted choice of tree species.
A change to the shape or use of land or to the groundwater table that may significantly impair the functioning of the natural balance or the landscape. Whether an impact exists is not determined by the size of the project, but by the significance of its effect.
The set of rules under §§ 13 to 15 of the Federal Nature Conservation Act (Bundesnaturschutzgesetz). Anyone who significantly interferes with nature and landscape must refrain from avoidable impairments and offset or replace unavoidable ones. Only when neither is possible does a compensation payment come into consideration.
A monetary payment that falls due when an impact can neither be offset nor replaced. The amount depends on the duration and severity of the impairment. The in-lieu payment ranks last and does not replace a possible measure-based compensation.
The specialist contribution to the permitting procedure that sets out the baseline, the effects of the impact, avoidance and compensation, and contains the assessment. It is the basis on which the authority determines the compensation requirement.
The Rhineland-Palatinate State Compensation Ordinance (Landeskompensationsverordnung). It regulates the assessment and balancing of impact and compensation within the state.
The authority responsible at district level for assessing, coordinating and recognising compensation and species protection. Because each lower nature conservation authority (Untere Naturschutzbehörde) interprets state law with its own emphasis, early coordination with the locally responsible office is essential.
The accompanying check on a measure over a defined period. A distinction is made between implementation monitoring, which checks whether the measure was established as planned, and functional monitoring, which checks whether the target species or target biotope establishes itself. If the effect fails to materialise, the measure is adjusted.
The European network of protected areas made up of FFH sites and bird protection areas. Projects that may affect such an area require a compatibility assessment.
A natural unit with consistent characteristics in geology, soil, climate and water balance. Germany's natural region classification divides the country into major natural regions D01 to D73. Compensation should, where possible, take effect within the affected natural region.
The Baden-Württemberg Eco-Account Ordinance (Ökokonto-Verordnung). It assesses biotope types with fixed point values per square metre and regulates how upgrades are credited to an eco-account.
Compensation through nature-friendly management of agricultural land, for example late mowing, flower strips or skylark plots, without withdrawing the land entirely from production. PIK measures need robust contractual security, because their effect depends on ongoing management.
Whoever plans and applies for a project and thereby bears responsibility for the compensation. The obligation does not end with the permit decision, but covers the establishment, management and evidencing of the measures throughout the commitment period.
A register of threatened species with categories of endangerment, published for the federal government and the states. It is not a legal instrument, but it underpins the nature conservation assessment in the procedure.
The forestry-law requirement to establish new woodland to compensate for an approved forest conversion. It follows the relevant state forest law and applies in addition to compensation under nature conservation law.
A measure that replaces the impaired functions in an equivalent but not identical way, where a like-for-like offset is not possible. The replacement measure must lie within the affected natural region. In practice it is the more common case, because there is rarely room for an in-kind restoration at the site of the impact.
The threshold above which an impairment becomes legally relevant. An impairment is significant if it perceptibly and more than briefly alters the functions of the natural balance or the landscape. The assessment is made case by case by the responsible authority.
The requirement that a compensation measure takes effect where the impairment arises and actually replaces the affected function. How strictly this connection is interpreted differs between states and authorities.
The access prohibitions under § 44 BNatSchG protecting specially and strictly protected species: the prohibition on killing, the prohibition on disturbance, and the prohibition on damaging or destroying breeding sites or resting places. Special species protection is a separate assessment level alongside the impact mitigation regulation.
The specialist report that establishes, for a project, which protected species are affected, whether prohibitions apply and which avoidance or CEF measures are required. Its timing often determines the entire project schedule.
The species for which a measure is designed. The target species determines structures, area size, management regime and success criteria. Without a clear target species, a CEF measure cannot be justified on technical grounds.
An extensively managed standard-tree orchard over species-rich grassland. Because of its dual use and high structural diversity, it is a common and highly rated type of compensation measure.
A synonym for eco-point used in several state regulations. The assessment method varies by state, which is why point values cannot be transferred between federal states.
Avoidance requirement, Compensation measure, Impact, Impact mitigation regulation, In-lieu payment, Project developer, Replacement measure, Significance
Assessment, Compensation register, Compensation requirement, Debiting, Eco-account, Eco-account operator, Eco-point, Value point
BayKompV, Biotope type, Biotope value method, BKompV, LKompVO, ÖKVO
Bird protection area, Coherence safeguarding, FFH appropriate assessment, FFH Directive, FFH site, Natura 2000, Natural region, Spatial-functional connection
CEF measure, Conservation status, Ecological construction supervision, Exemption under § 45 BNatSchG, FCS measure, Red List, Special species protection, Special species protection assessment, Target species
Commitment period, Compensation area, Easement, Environmental impact assessment, Extensification, Forest conversion, Forest growth region, Landscape management plan, Lower nature conservation authority (Untere Naturschutzbehörde), Monitoring, Production-integrated compensation, Replacement afforestation, Traditional orchard
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