Outline

How is a Habitat Bank established and maintained under the German

Impact Mitigation Regulation?

The example of the Burgberg Zschaitz Habitat Bank in Saxony

Webinar in the scope of the first global conference on approaches to avoid, minimise, restore, and offset biodiversity loss: “TO NO NET LOSS OF BIODIVERSITY AND BEYOND”, 3-4 June, 2014, Zoological Society of

London, Regent’s Park

Marianne Darbi, Prof. Wolfgang Wende (IOER)Jörg Voß (Sächsische Ökoflächen-Agentur)

Marianne Darbi (IOER), Prof. Wolfgang Wende (IOER), Jörg Voß (Sächsische Ökoflächenagentur)How is a Habitat Bank established and maintained under the German Impact Mitigation Regulation? The example of the Burgberg Zschaitz Habitat Bank in Saxony, May 2014

Outline

1. Basic principles of the German Impact Mitigation Regulation

2. Legal and policy framework in the state of Saxony

3. “Sächsische Ökoflächen-Agentur” - compensation services provider in the state of

Saxony

4. “Burgberg Zschaitz” – remains of a prehistoric and early medieval hill fort

5. Selecting the site and securing the land

6. Assessing the environmental baseline

7. Setting the goals

8. Installing and approving the habitat bank

9. Implementing the measures

10. Securing the measures: maintenance and monitoring

11. Running the habitat bank and selling the credits

12. Lessons learned: key factors to success


1. Basic principles of the German IMR1

Impact Mitigation Regulation (“Eingriffsregelung”) is the major landscape

conservation instrument to address mitigation and compensation for impacts from

developments and projects in Germany:

entered into force as part of the Federal Nature Conservation Act 1976

comprehensive approach (for all impacts, on all scales, not restricted to

specific areas)


1. Basic principles of the German IMR1

2002 and 2009 amendments to the Federal Nature Conservation Act:

loosening of spatial and functional connection between impact and

compensation

compensation pools: provision and bundling of compensation sites and

measures


2. Legal and policy framework in the state of Saxony2

Saxon Law on Nature Conservation and Landscape Management SächsNatSchG, 2013

Art. 10 para. 2: Regulation of exemption from liabilities (“Freistellungsregelung”)

Available at: http://www.revosax.sachsen.de/Details.do?sid=5111430356025

Regulation of the Saxon State Ministry for Environment and Regional Development on the

balancing of interventions in nature and landscape (Naturschutz-Ausgleichsverordnung)

NatSchAVO,


Regulation of the Saxon State Ministry for Environment and Agriculture on the eco-account

and the compensation land register (Sächsische Ökokonto-Verordnung) SächsÖKoVO,

2008


http://www.revosax.sachsen.de/Details.do?sid=5111430356025








2. Legal and policy framework in the state of Saxony2

Recommendation for the assessment and balancing

of interventions in Saxony

Technical principles, guidance and tools, case

example illustrating the work steps, balancing

forms

Biotope value based procedure

Available at: http://www.umwelt.sachsen.de/

umwelt/natur/8516.htm

Compensation land register

are implemented and managed by the Lower

Nature Conservation authorities of counties

New web portal online: KoKa-Nat (Compensation

land register for Nature Conservation)

Available at: http://list-sachsen.de/b6/KoKa.htm

http://www.umwelt.sachsen.de/umwelt/natur/8516.htm






http://list-sachsen.de/b6/KoKa.htm




3. “Sächsische Ökoflächen-Agentur” - compensation services provider in the state of Saxony

3The Saxon rural settlement GmbH (Sächsische Landsiedlung SLS)

was commissioned in 2008 by the Saxon State Ministry for

Environment and Agriculture in a public tender as compensation

services provider for the state of Saxony

SLS is the non-profit settlement organization in Saxony

Member of the Federation of compensation agencies in Germany

BFAD and is committed to its quality standards

Tasks

Implementation of measures for the creation and

improvement of terrestrial and aquatic habitats

Production-integrated compensation

Renaturation of sealed surfaces


3. “Sächsische Ökoflächen-Agentur” - compensation services provider in the state of Saxony

3 Range of services:

Building a habitat bank of compensation measures, implemented in advance

Procurement of own or third party compensation measures (or credits) to developers to fulfil their

compensation requirements

Support for developers with individual steps of the creation, procurement and safeguarding of their

own compensation measures, e.g.

Selection of measures

Planning: Description and definition of goals

Coordination with autorities

Planning of measures

Evaluation according to guidance

Implementation of measures

Application for entry in the eco-account

Safeguarding of maintenance

Follow-up and monitoring



4

Location of the site: 72.000 sqm on a particularly prominent mountain spur in a very

fertile agricultural landscape (open landscape with few structural elements),

geographical scope of the site builds on both the archaeological and natural structures



4

Once monumental Slavic castle

Already inhabited in prehistoric times (~4200 BC). :

Establishment of a fort on the plateau, exposed

location and natural protection by steep slopes, only

accessible from the east (transition to the plateau),

several artificial mounds offered protection here

Later, the castle was abandoned and the protection

systems disappeared on the surface

For centuries covered with forest

~1800 deforestation and conversion to arable land

Since 1950s loss of 0,6m soil through farming and

erosion

2009/10 extensive excavations of the State Office for

Archaeology (LfA): Burgberg Zschaitz is one of few

hill-top settlements in good condition in Saxony

(archaeological site) must be protected



5

Proposal of the State Association for the Conservation of the Cultural Heritage in

Saxony (LVSH) and State Office of Archaeology (LfA): protection of significant

archaeological structures at the same time enhancing the nature conservation value

of the area as habitat bank

Joint development of a concept with LVSH and LfA

2010 initial discussions for the implementation of the

measure with LVSH and the competent farmland consolidation

authority of the district Central Saxony

In early 2011 land consolidation authority invited to a

meeting of the land owners



5

Acquisition of land through land consolidation according to the Land Consolidation Act

FlurbG

Cooperation of the owners: a total of 17 agricultural land waiver declarations according to

Art. 52 FlurbG (5,3 ha), another 3 land parcels (2,6 ha) through a voluntary agricultural

exchange according to Art. 103a FlurbG

Through the possibilities of the FlurbG

the land could be acquired quickly and

easily. No costs occur for the notary,

land registry or survey of land for the

parties.


6. Assessing the environmental baseline

6

Intensive farming

Existing field path without accompanying greenery

Existing Forest without graded edge



7

Goals

Networking of the Natura 2000 site "dolomite area Ostrava and Jahnatal" with the surrounding

landscape and neighboring specially protected biotopes through corridors of new grassland, wood

and dry habitats

Extensification of previously intensively used land and enhancing the landscape structure and

scenery through a small-scale mosaic of landscape elements

Creation of breeding and feeding habitats for species of semi-open agricultural landscapes, as well

as thermo-and helio-philic species (reptiles, insects such as mason bees, numerous beetles and

butterflies)

Creation of robust forest edges to buffer the existing forests against influences (wind, soil and

pollutants) and to improve and link the structural and species diversity

Creation of new transitional habitats (ecotones) with special habitat and development function

Protection from wind erosion

Protection of archaeological monuments



7

Measures

Conversion to extensive

permanent grassland

Creating a graded edge of

the forest

Planting a fruit tree row

Creating a stone ridge and

nutricient-poor grassland



8

Evaluating the nature conservation value of the initial and target state with the “Recommen-

dation for the assessment and balancing of interventions in Saxony” includes two aspects:

1. Calculation of the Biotope value gained through the measures (in credit points) on the

basis of biotope types

Before

After

Biotope type credits/m2 area in m2 biotope value in credits



8

Evaluating the nature conservation value of the initial and target state with the “Recommen-

dation for the assessment and balancing of interventions in Saxony” includes two aspects:

2. Calculation of the functional enhancement (in credit points) for individual natural

functions



8

Total enhancement in credit points is the

sum of biotope value gained and

functional enhancement

Sächsische Ökoflächen-Agentur sends

request to the competent Nature

Conservation Authority to approve the

compensations measures (presentation of

the objectives, planning and

implementation of measures, calculation

of credits)

Nature Conservation Authority checks the

request, approves the compensation

measures and specifies further detailed

regulations



9

On the previously intensively used arable land

extensive permanent grassland was created using

an endemic, herb-rich seed mixture. Through different

seed compositions flower strips are created that

highlight the archaeological structures of the early

medieval fortification.



9

With targeted planting of site-specific

indigenous trees a five-stage edge of the

forest was created, including a herb-rich

seam as a transition between the adjacent

existing forest and the open land. The

structural diversity offers a new habitat for

numerous species.



9

The planting of fruit trees rows (using regional

and historic varieties) between the forest edge

and an existing field hedge and along field paths

enhances habitat diversity and the preservation

of cultural diversity. Furthermore it has structures

the landscape and has aesthetic significance.



9

The landscape scenery is enhanced by building a

stone ridge, which highlights the design, size and

location of the former fortifications. In addition to

its cultural and historical significance this

thermophilic site has a high habitat potential for

rare animal and plant species.



9


10. Securing the measures: maintenance and monitoring

10

Maintenance

5-year Land Use Contract with the regional farming association (Sächsische

Ökoflächen-Agentur ensures maintenance of the measures for at least 25 years,

renewing or adjusting the land use contract accordingly over time)

financial reparations for extra costs, loss of earnings and agricultural funding

Cultivation of extensive permanent grassland to forage for dairy cows

Extensive fresh meadow with mowing 2x a year (06/07 and 08/09) with haymaking

No use of pesticides and fertilizers

Monitoring

Starts in 2014 after the development care, based on a concept (agreed with the

competent Nature Conservation Authority)

including floristic and faunistic surveys with annual reports

Goal: evidence of target biotope types with their typical species composition



11

Compensation within the Natural Landscape Units: ~ 30 in Saxony

Established measures can be

fully or partly assigned as

compensation to one or more

development projects

Intervention and compensation

have to be in a functional

relationship and lie in the same

natural landscape unit

For large projects (interventions

with zoning / planning approval)

extension of the search area to

the planning region or river basin



11

Compensation for the construction of two

wind turbines in the same natural landscape

unit

Assignment of points or a partial area of the

habitat bank by the competent Nature

Conservation Authority



11

Calculating a price for the single credit – full costing (“Vollkostenkalkulation”) includes:

Project development

Estate (purchase price, surveys, certificates)

Implementation of measures (from environmental baseline to development care)

Project management

Project assignment

Maintenance administration (e.g. monitoring)

Maintenance of measures

Costing is a process that builds on balancing target values and actual values

Cost estimate at the beginning

quarterly compared with actual used resources

Inclusion of parameters such as securities, risk and bridge financing (decreasing or increasing

depending on the status of the project)

After each partial sale of credits the balance will be adjusted

Price for the single credit adjusts over time to the actual costs



12

Clear legal regulation and policy guidance

Strong cooperation and agreement of compensation services providers on quality

standards and procedures (e.g. Federal Association of Compensation Agencies)

Regional cooperation with stakeholders

Strong cooperation with land owners and farmers: production-integrated

compensation reduces consumption of farming land for compensation (combining

environmentally sound cultivation with financial reparations for extra costs, loss of

earnings and agricultural funding)

Active land management (land purchase, land change, land consolidation) to

secure land with a high nature conservation value or potential

Land consolidation enables quick and easy land

acquisition without costs for the notary, land registry or

survey of land



12

Implementation of larger, complex and high quality measures add to reaching state-

wide nature conservation goals and strengthen biotope networks and connectivity

Larger measures (10.000-20.000 sqm) are more cost-efficient to plan and implement

and deliver a higher nature conservation value than several small projects

Public acceptance through clear nature conservation goals including socioecological

aspects e.g. environmental education, aesthetic and recreational values

Stable, independent and not profit-oriented compensation services provider

enables the maintenance and safeguarding of the measures in perpetuity



12

Obstacles on the way

advance financing as limiting factor

uncertainty (refinancing of sites and measures cannot be guaranteed)

need for trained personnel

Competition, lacking coordination and price dumping can have a negative effect

on the quality of the measures

lacking transparency and transferability (valuation techniques to balance impact

and compensation and cost calculation differ very much)

interaction with the Common Agricultural Policy of the EU (subsidies)

Unclear and uncertain administrative action and sometimes lacking engagement

of municipalities



12

The cooperation and engagement of all stakeholders have made

the „Burgberg Zschaitz“ habitat bank a great success!


Contact

Leibniz Institute of Ecological Urban and Regional development (IOER)

Marianne Darbi

Fon: 0351 4679 223

Fax : 0351 4679 212

E-Mail: [email protected]

Sächsische Ökoflächen-Agentur

Jörg Voss

Fon: 03521 4690 29

E-Mail: [email protected]

mailto:[email protected]

mailto:[email protected]

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