TE A-20_ENV_e_Guide to Species Protection during construction_final.pdf

IVL, Institut für Vegetationskunde und Landschaftsökologie

Species Protection in Construction Projects

Guideline for action in planning and construction at USAG Stuttgart installations

Prepared for:

U.S. Army Garrison Stuttgart

DPW, Environmental Division

Kelley Barracks

70567 Stuttgart

Germany

Prepared by:

Georg-Eger-Strasse 1b

91334 Hemhofen

Germany

Guide to Species Protection at Construction Sites

Contents

Species Protection in Construction Projects

INTRODUCTION

LEGAL BASES, COMPETENT AUTHORITIES AND TYPES OF PROCEDURES

ORGANIZATIONAL PROCEDURE

CHRONOLOGICAL SEQUENCE

NOTES ON THE INITIAL CHECK REGARDING RELEVANCE TO THE PROTECTION OF SPECIES ... 8

EXAMPLES OF MEASURES TO BE USED FREQUENTLY

SOURCES OF INFORMATION AND MATERIAL

Appendix A

Appendix B

INTRODUCTION

The installations of USAG Stuttgart, too, are subject to constant change over time. New buildings need to be built and existing ones need to be reconstructed, renovated, restored or even demolished time and again to make room for new tasks, units and/or their equipment. All of these structural changes entail more or less complex construction work and its impact on the environment and natural resources.

This guideline is intended to show the actors at the Garrison as easy and quick a way through the legal and specific requirements of species protection as possible.

It starts by describing the initial legal situation, listing the competent authorities and proposing an optimized chronological sequence for the individual procedural steps.

Finally, concrete action recommendations for the most common problems regarding species protection are given at the end of the guideline.

(For the original text of all legal provisions cited in the section ‘Legal bases’, please refer to Appendix B.)

LEGAL BASES, COMPETENT AUTHORITIES AND TYPES OF PROCEDURES

Species conservation legislation is part of the regulations under public law to be adhered to in each and every construction project, despite the fact that U.S. Army construction projects are exempt from numerous provisions of the German Construction Law.

The general audit and control mandate for the competent German construction law authority regarding specific procedures is based on Section 58 Subsection 1 Clauses 1 and 2 of the State Construction

Regulation (LBO) in conjunction with the relevant nature conservation regulations.

As a rule, of the U.S. Garrison construction projects (such as new construction, demolition or new sealing of areas) where the State Construction Agency participates in both planning and implementation fall under the competence of the Regierungspräsidium (Regional Administrative Authority) that checks the project documents to be submitted within the scope of the notification procedure (Section 51 LBO) including the involvement of the Lower Nature Conservation Authority (UNB).

Furthermore, there are the “procedure-free” construction projects (Section 50 LBO) that especially include the renovation and restoration of existing buildings. The official engagement of a construction law authority is not necessary in such cases. However, there exists a binding agreement with the UNB that the U.S. Army on their own responsibility shall adhere to the laws and regulations pertaining to species protection and involve the UNB in cases of doubt.

Therefore, a more or less detailed analysis against the concerns regarding special species protection and species protection legislation will be necessary for almost all construction and renovation projects, depending on the actual facts in each individual case. These facts are influenced by the characteristics of a building to be built, reconstructed or demolished and the species occurring there. Moreover, the open areas existing at the affected site and its surroundings need to be taken into account. This is because facts pertaining to species protection legislation may be in conflict with construction or only allow construction under specific collateral clauses.

It is necessary to centrally answer the following questions and/or clarify the following issues regarding species protection prior to implementation of a construction project:

• Can the construction project cause elements of offense in accordance with Section 44 Subsection 1

BNatSchG (species-specific and offense-specific)?

• Can the occurrence of elements of offense (especially a significantly increased risk of killing) be avoided in whole or in part by taking specific mitigation or compensation measures in terms of Section

44 Subsection 5 Clause 2 Nos. 1 and 2 BNatSchG?

• Do the affected reproduction and roosting sites continue to fulfill their ecological function within the spatial context or are measures possible to preserve such functions (Section 44 Subsection 5 Clause 3 in conjunction with Clause 2 No. 3 BNatSchG)?

• May measures be required to avoid significant disturbance (Section 44 Subsection 1 No. 2

BNatSchG)?

• Is an exclusion in accordance with Section 45 BNatSchG or an exemption in accordance with Section

67 Subsection 2 Clause 1 BNatSchG required for the construction project and, if yes, are the relevant prerequisites on hand?

• What is necessary in terms of ecological construction oversight services or monitoring?

The regulation under Section 12 Subsection 4 LBO specifying that trees, hedges and other plantings to be preserved based on other legal provisions shall be protected during construction work is also relevant to species protection legislation. However, this may also apply to unplanted areas in regard to species protection.

ORGANIZATIONAL PROCEDURE

The following basic steps should be taken to avoid construction delays and elements of offense pertaining to species protection legislation1 as soon as a new construction or renovation project takes shape and initial preliminary plannings exist (see also flowchart in Appendix A):

Before start of construction:

1. Compile all known and relevant information (type of construction project, intended location, dimensions, preliminary timing) and forward this information to the Environmental Division (ED).

2. ED checks if

a) a notification procedure is necessary or

b) the project can be implemented internally and “procedure-free”.

when a) applies, all further steps will be performed under the leadership of the State

Construction Agency (SHBA) and/or with the involvement of the competent Lower Nature

Conservation Authority (UNB).

when b) applies, the procedure can be implemented internally.

3. For internal procedures, ED performs a site visit and checks whether information relevant to protected species assessment is already available and/or whether protected species may be concerned.

A qualified expert office can be consulted in cases of doubt.

a) No concerns/no impact: No species protection measures are required.

The project can be implemented.

b) Minor concerns/minor impact: No need for additional surveys; however, necessary avoidance and compensation measures must be determined and implemented before the construction phase.

Moreover, a time schedule for the measures and construction phase should be prepared.

c) Major concerns/major impact: The customer commissions a qualified expert office with the preparation of a detailed protected species assessment for the relevant protected species (for further procedure, see Item 4.).

Important: Any changes to, and/or more detailed definitions of, the original project planning during the protected species assessment phase must immediately be forwarded to ED, (SHBA/UNB) and any qualified expert office that may be involved because such changes and more detailed definitions may have significant effects on the type and scope of the avoidance and compensation measures to be defined (and their costs).

1 Such delays or elements of offense may have consequences under police and regulatory or criminal law (fine and penal provisions in BNatSchG Sections 69 ff) or may cause construction to be suspended for various durations.

4. If major concern/major impact is given, a protected species assessment must usually be performed with the involvement of the Lower Nature Conservation Authority (UNB).

a) The UNB specifies the type and scope of the surveys required for this purpose. The project proponent/SHBA commissions a qualified expert office.

b) The surveys are performed by a qualified expert office.

c) The expert office coordinates the evaluation and assessment of the results with ED and UNB.

5. Then, the necessary avoidance, mitigation, compensation and substitution measures are determined in cooperation between ED, UNB and Engineering based on the suggestions of the expert office. A time schedule for implementation before and during the construction phase is prepared.

Important: All “early” substitution measures must be implemented before the start of construction.

6. Implementation of early and preparatory measures before start of construction

(for a selection of commonly necessary measures, please refer to the section “Measures”)

7. Measures regarding success control/monitoring and the permanent conservation and maintenance of compensation measures are already determined before the start of construction, if necessary, and bulk funded in advance by the project proponent based on project funds for implementation

(e.g. through the Federal Forestry and/or an expert office).

During the construction phase:

8. Implementation and control of special measures during the construction phase

(for a selection of commonly necessary measures, please refer to the section “Measures”)

After completion of the construction phase:

9. Measures regarding success control/monitoring and the permanent conservation and maintenance of compensation measures that were determined before the start of construction must now be implemented e.g. through the Federal Forestry and/or an expert office based on project funds.

Important:

• It shall be preliminarily checked for all construction projects whether protected species may be affected.

• In the entire course of the project, the entities involved in the planning and implementation such as ED, SHBA, Nature Conservation Authority and the involved expert office must immediately be informed of any changes in design, location, time schedule, etc. to avoid unnecessary delays and additional costs.

• As a rule, a lead time of at least 6 months must be anticipated for the processing of protected species assessment in projects with major impact on protected species and even up to one year in complex projects. This is due to the very different rhythms of life (breeding season, hibernation, etc.)

of the species to be protected.

CHRONOLOGICAL SEQUENCE

It is crucial for the planning and implementation of any constructional measure to take into account the time periods during which

a) species relevant to species protection can/may be recorded

b) species relevant to species protection live at or in the buildings.

Most animal species living at or in buildings only use their roost for several months a year. They are especially susceptible to disturbance during breeding and while rearing their young. Therefore, construction and restoration work within the nesting areas and/or in the surrounding area that is still susceptible to disturbance may usually only be performed while the animals are absent.

Deviations from the construction periods shown below may be possible in individual cases after expert assessment and upon coordination with the Lower Nature Conservation Authority (for example, if the breeding season of a recorded Barn Owl occurrence is completed markedly earlier than usual). The illustrated periods are intended for orientation, only. Deviations from these periods are possible or may be necessary in individual cases.

Bats change their roosts in the course of the year (especially summer and winter roosts, and also interim roosts). They are especially susceptible to disturbance in the summer in their so-called maternity roosts where the females together rear their young, and during hibernation. Hence, construction work in the summer roosts should only be performed during the winter half-year, and – vice versa – construction work in the winter roosts should only take place during the summer months.

The periods during which the animals use and/or leave their roosts can vary markedly depending on the given bat species. The shown possible construction periods must accordingly be verified and adapted, if necessary, in each individual case. A bat specialist should definitely be consulted early for this purpose during the project.

Survey Times

Species group / Month 1 2 3 4 5 6 7 8 9 10 11 12

Bats

Breeding birds

Sand lizard

Amphibians

Dormouse

Willowherb Hawk-moth

Colouring: Bats in winter quarter

(Attics, cellars, caves)

Bats in summer quarter

(Niches and crevices on buildings)

Species active/on site

c) trees and shrubs may be felled and/or cleared

Important:

An early, timely coordination of measures taking the periods of breeding and/or absence into account will enable your construction project to proceed smoothly.

Blocking times for construction activities at buildings

Bats / Month 1 2 3 4 5 6 7 8 9 10 11 12

Summer quarter

Winter quarter

Birds / Month 1 2 3 4 5 6 7 8 9 10 11 12

Pied wagtail

Jackdaw

Spotted flycatcher

Black redstart

House sparrow

Common swift

House martin

Barn swallow

Barn owl

Kestrel

Colouring: Construction activities possible

Animals not at construction site

Limited construction activities possible

Crirtical transitional phase

No construction activities allowed

Animals live at construction site

Timeframe for felling und clearing of trees and shrubs

Months 1 2 3 4 5 6 7 8 9 10 11 12

Trees & shrubs

Colouring: No felling und clearing

NOTES ON THE INITIAL CHECK REGARDING RELEVANCE TO THE PROTECTION

OF SPECIES

The following checklists for various aspects refer to residential areas characterized by buildings, gardens and other typical elements. They do not pertain to the planning of otherwise equipped outdoor areas or similar areas that, for example, are residuals of the former landscape and extend into the residential area or have remained there.

This list is not intended to be exhaustive but can serve for orientation. Relevance can in most cases be assessed by experts, only.

EXISTING BUILDINGS

A) Facade and roof (from outside)

• Relevant points of damage / access openings on the roof;

• Relevant points of damage / access openings on the facade;

• Indications of major cavities underneath boarding;

• Window shutters or roller shutter casings are present;

• Vegetation is present (facade greening, possibly also roof greening);

• Cellar windows with access option to cellar rooms (not completely and permanently closed; as far as visible from outside);

• Roof windows or skylights with access option to the roof truss (not completely and permanently closed; as far as visible from outside);

• Niches and/or raised hides (for birds) are present;

• Nesting aids are present;

• Nests are present;

• Other animal traces are visible (for example, nesting material, bat droppings on landings or below the eaves, characteristic stains from entering and leaving animals – only detectable by experts in many cases);

• Birds that land on/take off from and/or enter/leave certain parts of the building at regular intervals;

• Non-grouted wall and wooden beams with nesting options for wild bees (only relevant to species protection in certain cases).

B) Truss/cellar (inside inspection)

• Cellar windows with access option to cellar rooms (not completely and permanently closed; as far as visible from inside);

• Roof windows or skylights with access option to the roof truss (not completely and permanently closed; as far as visible from inside);

• Conditions suitable for bats (for example, dark, no draft);

• Usable niches/crevices/roosts;

• Nests are present;

• Other animal traces are visible (for example, nesting material, droppings, characteristic stains at crevices – only detectable by experts in many cases).

EXISTING OPEN AREAS WITHIN THE RESIDENTIAL AREA

C) • Rather old tree inventory;

• Tree and/or woodpecker holes/cavities;

• Cree crevices;

• Deadwood;

• Bird’s nests;

• Sun-exposed fringe structures;

• Larger areas with ruderal and spontaneous vegetation;

• Willowherb and Evening primrose communities;

• Sun-exposed walls especially those that are non-grouted;

• Sun-exposed gravel/grit areas;

• Streams, water bodies;

• Connection with special structures (for example, in the vicinity of railroad areas or larger sun-exposed road embankments).

EXAMPLES OF MEASURES TO BE USED FREQUENTLY

Evidence of impact on protected species furnished by the surveys during the planning phase refers to bats and/or birds in most projects at or in houses. Therefore, the measures to be used most frequently for the protection of these animal groups are briefly described in the following.

Legal situation:

All European bird species and our indigenous bats are protected under the Federal Nature Conservation

Act. This also applies to individual projects in residential areas. It means that these animals must not be disturbed, captured, killed nor their roosts (reproduction and roosting sites) be damaged, destroyed or locked. If roosts are affected in the course of construction work, the interventions must be agreed with, and – if necessary – approved by, the Lower Nature Conservation Authority. Early planning (with the involvement of experts, as appropriate) will usually allow to find simple solutions to provide room for the affected bird and bat species despite the reconstruction or restoration work.

Bats

Situation:

The residential area is an important habitat part of many bats. However, we rarely catch sight of these animals. At night, they forage for insects and arachnids using ultrasonic calls in noiseless flight. During the day, many species roost in hiding places at or in buildings where they also rear their young in the summer. Only a few bat species hang freely from roof timbers; most rather hide in narrow gaps and crevices, for example in attics or behind cladding, and do not leave any conspicuous traces. Therefore, their presence usually goes unnoticed despite the fact that they keep returning to the same roosts over many years. Some bat species also use roosts in buildings (especially vaults, mine tunnels) as an undisturbed retreat for hibernation. However, buildings are sealed to an increasing extent within the scope of thermal insulation and restoration and, thus, many bat roosts are destroyed and made inaccessible – in many cases without noticing and with no intention at all.

Appropriate measures:

Maintain existing roosts

In general, the following applies if bat roosts are affected by construction projects:

• Do not change existing quarters or roosts;

• Maintain and/or restore traditional entry and exit openings;

• Do not change the light conditions and microclimate (e.g. by changed ventilation);

• Perform construction work only in the absence of the animals (in summer roosts: October to March; in winter roosts: April to September);

• Do not use toxic wood protection agents;

• If existing roosts cannot be preserved, there is the option in certain cases to install man-made bat nesting aids as substitute roosts upon agreement with the authorities and with expert consultation.

Substitute roost/nesting aids for bats

General requirements:

• Install substitute roosts near the former roosts, if possible (bats usually remain in their habitat);

• Free landing and/or flying out as high on the building as possible (for example, in the roof ridge area, below the eaves);

• Warm, windless location (south, southeast, east side of buildings), not on the weather face, not permanently in the blazing sun;

• An optimal measure would be to install several boxes on different sides of the buildings (thus allowing the animals to change roosts depending on sun exposure and weather);

• No direct lighting at night.

Examples of bat nesting aids

Integrated roosts: (cost frame: approximately 50 – 100 €)

Integrated roosts are fully integrated into the facade and/or insulation; only an entry opening is visible from outside. Such roosts are available in various designs and depths and can be additionally insulated in the back, if needed. Integrated roosts are usually self-cleaning and need not be maintained.

Individual elements that are strung together and connected make large-capacity roosts and can at the same time be used as creative elements (left: example of Schwegler; right: Hasselfeldt). Manifold roosting options (including winter roosts) can be created by combining integrated building blocks of various designs. Only the entry gap is visible from outside.

Partially integrated roosts are not as deep in the insulation and partly protrude from the facade. They are hardly visible if painted in the color of the facade.

Large-capacity integrated building block suitable as year-round roost.

Access is from below, the short overhang makes it easier for bats to find the roost. (Example of

Naturschutzbedarf Strobel)

Surface-mounted solutions: (cost frame: approximately 50 – 200 €)

Commercially available or self-made bat boxes are installed outside on the facade at as weatherproof a location as possible (below eaves, overhangs). They can also be painted (use non-toxic paint!) to match the color of the facade.

Surface-mounted solutions are especially suited for later installation.

(Examples of Schwegler GmbH)

Birds

The following list provides an overview of possible species protection measures for bird species that are typically affected in the course of restoration, renovation or new construction of buildings. The measures actually needed should be agreed in each individual case. (cost frame for a nesting aid: approximately

20 – 50 €)

Jackdaw

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Install Jackdaw nesting boxes on buildings in the vicinity.

Permanent measures:

• Integrate nesting cavities (approximate internal dimensions: at least 50 centimeters high, 35 centimeters wide and 35 centimeters deep) with a relatively large access hole (8 centimeters in diameter) in the building, for example on the facade or at chimneys;

• Install Jackdaw nesting boxes on the building (integrated or surface-mounted);

• Implement the measures at least 6 meters above the ground on the east-facing facade or on the south-facing side below the eaves; provide several boxes because the birds breed in colonies.

Barn Swallow

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Open a stable in the vicinity that has been closed to date and, thus, not been usable by Barn

Swallows but is generally suitable for these birds;

• In the stable: Install Barn Swallow nesting aids.

Permanent measures:

• Make sure the stable is accessible (windows, skylights) by the birds during breeding season;

• Install Barn Swallow nesting aids at a distance of at least 6 centimeters from the ceiling and 1 meter between the individual nesting aids; provide several nesting aids because the birds breed in colonies.

House Martin

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Install House Martin nesting aids on buildings in the vicinity; it might also be possible to install the nesting aids on a part of the scaffolding that is shielded against visible disturbances on the inside by means of a screen (preferably near the original nesting site).

Permanent measures:

• Install House Martin nesting aids on buildings;

• Implement the measures at least 4 meters above the ground immediately below the eaves, preferably on the east to south facing sides; there must not be any approach-hindering structures in front of the facade (e.g.trees); provide several nesting aids because the birds breed in colonies;

• Soiling of the facade can be avoided by installing a board at least 50 centimeters below the nesting aids to collect the droppings.

Common Swift

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Install Common Swift nesting boxes on buildings in the vicinity; it might also be possible to install the nesting boxes on a part of the scaffolding that is shielded against visible disturbances on the inside by means of a screen (preferably near the original nesting site).

Permanent measures:

• Integrate nesting cavities (approximate internal dimensions: at least 15 centimeters high, 30 centimeters wide and 20 centimeters deep) with a relatively small (usually oval-shaped) access hole

(3.5 centimeters high and 6.5 centimeters wide) in the lower area of the cavity in the building, for example in the eaves box or in the verge area;

• Install Common Swift nesting boxes on the building (integrated or surface-mounted);

• Implement the measures as high as possible (at least 5 meters) above the ground on the north or east facing sides of the building; there must not be any approach-hindering structures in front of the facade (e.g.trees); provide several boxes because the birds breed in colonies.

House Sparrow

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Install nesting cavity boxes or sparrow colony boxes on buildings in the vicinity.

Permanent measures:

• Integrate nesting cavities (approximate internal dimensions: at least 15 centimeters high, 10 centimeters wide and 15 centimeters deep) with a relatively small access hole (4.5 centimeters in diameter; or oval-shaped: 3 centimeters wide and 4.5 centimeters high) in the upper area of the cavity in the building, for example in the eaves box or behind/above beams;

• Install (several) sparrow colony boxes on the building (integrated or surface-mounted);

• Implement the measures as high as possible (at least 3 meters) above the ground on the east-facing facade or on the south side below the eaves; provide several boxes because the birds breed in colonies.

• Install the nesting box such, if possible, as to allow occasional cleaning.

Barn Owl

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Open a barn in the vicinity that has been closed to date and, thus, not been usable by Barn Owls but is generally suitable for these birds;

• In the barn: Install a Barn Owl box.

Permanent measures:

• Make sure the building is accessible (windows, skylights) by the birds year-round;

• Install a Barn Owl box (approximate internal dimensions: at least 50 centimeters high, 100 centimeters wide and 50 centimeters deep; access opening: 12 centimeters wide and 18 centimeters high) in the darkest part of a rarely used room (attic is particularly suited).

Common Kestrel

Avoidance measures:

• Preserve existing nesting sites, if possible.

Temporary measures:

• Install Common Kestrel nesting boxes on buildings or other tall, vertical, artificial structures (e.g.

power poles, electrical substations, bridges).

Permanent measures:

• Integrate nesting niches (approximate internal dimensions: at least 30 centimeters high, 50 centimeters wide and 30 centimeters deep) with a relatively large access hole (30 centimeters high and 23 centimeters wide) in the building, for example in the eaves box or on beams and ledges;

• Install Common Kestrel nesting boxes on the building (integrated or surface-mounted);

• Implement the measures at least 6 meters above the ground on the east-facing facade or on the south side below the eaves; buildings located at the periphery of residential areas are particularly suited.

Semi-cavity nesters (e.g. Pied Wagtail, Spotted Flycatcher, Black Redstart)

Avoidance measures:

• Preserve existing nesting sites, if possible.

• Temporary measures:

• Install semi-cavity nesting boxes on buildings in the vicinity.

Permanent measures:

• Integrate nesting niches, semi-cavities and cavities (approximate internal dimensions: at least 15 centimeters high, 15 centimeters wide and 15 centimeters deep) with a relatively large access hole

(approximately 10 centimeters high and 15 centimeters wide) in the building, for example in the eaves box or on beams and ledges;

• Install semi-cavity nesting boxes on the building (integrated or surface-mounted);

• Implement the measures at least 2 meters above the ground on the east-facing facade or on the south side below the eaves.

SOURCES OF INFORMATION AND MATERIAL

Significant parts of the texts, figures and tables were adopted unchanged from the following sources:

• MINISTERIUM FÜR WIRTSCHAFT, ARBEIT UND WOHNUNGSBAU, Hrsg. (2019): Artenschutz in der Bauleitplanung, Handlungsleitfaden für die am Planen und Bauen Beteiligten; Broschüre

78 S. https://www.baden-wuerttemberg.de/fileadmin/redaktion/m-wm/intern/Publikationen/Bauen/Leitfaden_Artenschutz2019.pdf

• LANDKREIS TÜBINGEN, Hrsg. (2016): Artenschutz am Haus, Internetseite:

https://www.artenschutz-am-haus.de/dokumente-links/dokumente/

Further and more in-depth information on the topic of species protection in construction can be obtained from the above-mentioned sources.

Several sources of supply for possibly necessary nesting boxes, nesting cavities and other material are listed in the following:

Vendors of nesting aids for birds, bats and other animal species

Gronenfelder Werkstätten

Integrated nesting bricks of various brick clays and wooden nesting aids for birds and bats Gronenfelder Weg 22

15234 Frankfurt (Oder) Phone: 0335/6838920 E-mail: handwerk@gronenfelder-werkstaetten.de Internet: www.gronenfelder-werkstaetten.de

Hasselfeldt Nisthilfen und Artenschutzprodukte e.K.

Comprehensive assortment of various nesting aids for birds, bats and other animal species Dorfstrasse 10 24613 Aukrug Phone: 04873/9010958, fax: 04873/2033698 E-mail: info@nistkasten-hasselfeldt.de Internet: www.hasselfeldt-naturschutz.de

Naturschutzbedarf Strobel, Fa. Pröhl

Comprehensive assortment of various nesting aids for birds, bats and other animal species Nitzschkaerstrasse 29 04626 Schmölln-Kummer Phone: 034491/81877, fax: 034491/55618 E-mail: info@naturschutzbedarf-strobel.de Internet: www.naturschutzbedarf-strobel.de

Schwegler Vogel- und Naturschutzprodukte GmbH

Comprehensive assortment of various nesting aids for birds, bats and other animal species Heinkelstrasse 35 73614 Schorndorf Phone: 07181/97745 0, fax: 07181/97745 49 E-mail: info@schwegler-natur.de Internet: www.schwegler-natur.de https://www.artenschutz-am-haus.de/dokumente-links/dokumente/ http://www.gronenfelder-werkstaetten.de/ http://www.hasselfeldt-naturschutz.de/ http://www.naturschutzbedarf-strobel.de/ http://www.schwegler-natur.de/

Weinhardt Artenschutz

Integrated building blocks for bats, Common Swift and other birds; custom-made products to order Gauchsdorfer-Hauptstrasse 17 91186 Büchenbach Phone and fax: 09178/1754 E-mail: Weinhardt-artenschutz@gmx.de

Wildbiene.com – Volker Fockenberg

Nesting aids for wild bees Heimersfeld 77 46244 Kirchhellen Phone: 02045/84422 E-mail: kontakt@wildbiene.com Internet: www.wildbiene.com

Regional sources of supply

Karl-Georg-Haldenwang-Berufsschule, Mariaberg e.V.

Wooden nesting boxes for various bird species, swallows’ nests and nesting aids for wild bees and bumblebees (made to order in the shop of the school) Oberer Torackerweg 9 72501 Gammertingen Phone (shop): 07124/923382 Phone (office): 07124/923216 Fax: 07124/9237254 E-mail: l.heiner@mariaberg.de Internet: www.mariaberg.de/angebote/sonderberufsschule.html

Umweltbildungszentrum Listhof

Wooden nesting boxes for birds, bats and hornets; custom-made products to order Friedrich-List-Hof 1 72770 Reutlingen Phone: 07121/270392 Fax: 07121/209852 E-mail: info@listhof-reutlingen.de Internet: www.listhof-reutlingen.de

Naturschutzcenter Markus Lohmüller

Nesting aids for birds, bats, bumblebees, hornets and other animal species Graf-Wolfegg-Str. 71 72108 Rottenburg Phone: 07472/9249004 Fax: 07472/9249003 E-mail: info@naturschutzcenter.de Internet: www.naturschutzcenter.de

Der Wildbienenschreiner, Manfred Frey

Nesting and observation aids for wild bees

Hauptstrasse 27

75305 Neuenbürg

Phone: 07082/41190

E-mail: info@wildbienenschreiner.de

Internet: www.wildbienenschreiner.de mailto:Weinhardt-artenschutz@gmx.de http://www.wildbiene.com/ http://www.mariaberg.de/angebote/sonderberufsschule.html http://www.listhof-reutlingen.de/ http://www.naturschutzcenter.de/

Appendix A

SCHEDULE

Appendix B

CITED LAWS

(Affected sections are highlighted in yellow)

Excerpt from Building Code (BauGB) Federal Law

§ 1 - Task, concept and principles of land use planning

(6) When drawing up the land use plans, the following must be taken into account in particular:

7. the concerns of environmental protection, including nature conservation and landscape conservation, in particular

a) the effects on animals, plants, land, soil, water, air, climate and the interaction between them as well as the landscape and biological diversity,

b) the conservation goals and the protective purpose of the Natura 2000 areas within the meaning of the Federal Nature Conservation Act,

c) environmental impacts on humans and their health as well as the population as a whole,

d) environmental impacts on cultural assets and other property,

e) the avoidance of emissions and the proper handling of waste and waste water,

f) the use of renewable energies and the economical and efficient use of energy,

g) the presentation of landscape plans and other plans, in particular water, waste and immission control law,

h) maintaining the best possible air quality in areas in which the immission limit values set by statutory order to comply with legal acts of the European Union are not exceeded,

i) the interactions between the individual concerns of environmental protection according to letters a to d,

j) without prejudice to Section 50 sentence 1 of the Federal Immission Control Act, the effects that are to be expected due to the susceptibility of the projects permitted under the development plan to serious accidents or disasters, on the concerns under letters a to d and i.

Excerpt from State Construction Regulation Baden-Württemberg (LBO)

Section 12 - Construction site

(1) Construction sites shall be established such as to allow proper erection or demolition of the physical structure without causing dangers or avoidable substantial disturbances.

(2) During implementation of construction projects that are subject to approval, the owner shall put up the construction permit certificate issued by the construction law authority pursuant to Section

59 Subsection 1 at the construction site. The owner shall enter the name, address and telephone number of the carcass work contractor in the construction permit certificate by no later than the start of construction work; this shall not apply if a special sign is put up at the construction site that shows the above-mentioned information. The construction permit certificate shall be put up permanently, well readable and visible from public traffic areas.

(3) In projects within the scope of the notification procedure, the owner shall put up the following information permanently, well readable and visible from public traffic areas by no later than the start of construction work:

1. The designation of the project,

2. the name and address of the design author and construction site manager,

3. the name, address and telephone number of the carcass work contractor.

(4) Trees, hedges and other plantings to be preserved based on other legal provisions shall be protected during construction work.

Section 58 - Construction permit

(1) The construction permit shall be issued if the project that is subject to approval is not in conflict with any regulations under public law which is to be verified by the construction law authority.

Except where Section 52 applies, all regulations under public law shall be verified that include requirements with regard to the construction project and the adherence to which is not decided upon by a different authority based on administrative order in a separate procedure.

Section 70 - Proceedings on the granting of approval, projects of national defense

(1) The construction permit shall be replaced by approval if

1. the owner is the Federal Government, a Land (Federal State), any other territorial authority under public law or a church, and

2. the owner has transferred design work management and construction supervision to qualified professionals in their construction authority.

This shall apply by analogy to third party projects performed by the Land in compliance with a statutory building obligation.

(2) The application for approval shall be submitted to the lower construction law authority. The audit scope is governed by Section 52 Subsection 2. Section 52 Subsection 3, Section 53 Subsections 1, 2 and 4, Section 54 Subsections 1 and 4, Section 55 Subsections 1, 2 and 4, Sections 56, 58, 59

Subsection 1 to 3, Sections 61, 62, 64, 65 and Section 67 Subsection 5 shall apply accordingly. The name of the professionals according to Subsection 1 Clause 1 No. 2 shall be communicated to the construction law authority. Constructional audit, construction supervision and acceptance of construction work shall not be performed.

(3) Projects for the purpose of national defense shall not require a construction permit nor shall they be subject to a notification procedure pursuant to Section 51 or an approval pursuant to

Subsection 1. Instead, they shall be brought to the higher construction law authority’s attention as appropriate before the start of construction.

(4) It is the owner’s responsibility to ensure that the design and implementation of projects pursuant to Subsections 1 and 3 comply with the regulations under public law.

Excerpt from Federal Nature Conservation Act (BNatSchG):

Chapter 3

General protection of nature and landscape

Article 13 - General principle

Intervening parties shall primarily avoid any significant adverse effects on nature and landscape.

Unavoidable significant adverse effects are to be offset via compensation measures

(Ausgleichsmassnahmen) or substitution measures (Ersatzmassnahmen) or, where such offset is not possible, via monetary substitution.

Article 14 - Interventions in nature and landscape

(1) Interventions in nature and landscape, as defined in this Act, shall refer to any changes affecting the shape or use of areas, or changes in the groundwater level associated with the active soil layer, which may significantly impair the performance and functioning of the natural balance or landscape appearance.

(2) The use of soil for agricultural, forestry and fishing purposes shall not be deemed an intervention, provided the purposes of nature conservation and landscape management are taken into account. The use of soil for agricultural, forestry and fishing purposes corresponding to the requirements specified in

Article 5 (2) to (4) of this Act, and to the rules of good practice as defined in the laws on agriculture, forestry and fishing as well as in Article 17 (2) of the Federal Soil Conservation Act, does not, as a general rule, contradict the purposes of nature conservation and landscape management.

(3) Resumption of use of soil for agricultural, forestry and fishing purposes shall not be deemed an intervention if such use was temporarily restricted or interrupted

1. on the basis of contractual agreements or on the basis of participation in public programmes for restriction of cultivation, and if the resumption takes place within ten years after the relevant restriction or interruption has expired,

2. on the basis of the implementation of advance offset measures, where the relevant advance measure is not claimed as an offset.

Article 15 - Obligations of the intervening party, inadmissibility of intervention; authorisation to issue statutory ordinances

(1) The intervening party is obligated to refrain from causing any avoidable adverse effects on nature and landscape. Adverse effects shall be considered avoidable if reasonable alternatives are available for achieving the purpose of the intervention, at the same location, with lesser or no adverse effects on nature and landscape. Where adverse effects cannot be avoided, reasons for such unavoidability must be provided.

(2) The intervening party is obligated to compensate for any unavoidable adverse effects by means of nature conservation and landscape management measures (compensation measures) or to substitute them in some other way (substitution measures). An adverse effect shall be considered to have been compensated as soon as the impaired functions of the natural balance have been restored in an equivalent way and landscape appearance has been restored or re-designed in a manner consistent with the landscape. An adverse effect shall be considered to have been substituted as soon as the impaired functions of the natural balance, in the relevant natural area, have been restored to an equivalent value and landscape appearance has been re-designed in a manner consistent with the landscape. Designations of development and restoration measures for areas within the meaning of

Article 20 (2) Nos 1 through 4 and in management plans pursuant to Article 32 (5), of measures pursuant to Article 34 (5) and Article 44 (5) Sentence 3 of this Act and of measures in programmes of measures within the meaning of Article 82 of the Federal Water Act shall not hinder the recognition of such measures as compensation and substitution measures. In determination of the nature and scope of compensation and substitution measures, the programmes and plans pursuant to Articles 10 and 11 shall be taken into account.

(3) In use of agriculturally or silviculturally used areas for compensation and substitution measures, concerns pertaining to agricultural structures shall be taken into account; in particular, areas with soil especially suited for agricultural use are to be used only to the necessary extent. Priority shall be given to review of whether relevant compensation or substitution can also be achieved via measures for unsealing soil, via measures for relinking habitats or via cultivation or management measures supporting lasting improvements of the natural balance or of landscape appearance, in the interest of making it unnecessary, if at all possible, for land areas to be taken out of use.

(4) Compensation and substitution measures shall be maintained throughout the relevant required period and shall be legally protected. The relevant maintenance period shall be set forth by the competent authority in the relevant official approval notice. The intervening party, or his legal successor, shall be responsible for carrying out, maintaining and securing compensation and substitution measures.

(5) An intervention may not be permitted or carried out if the relevant adverse effects are unavoidable or cannot be compensated for or substituted in some other way within an appropriate period of time, and the interests of nature conservation and landscape management take precedence over other concerns in a weighing-up of all the requirements applying to nature and landscape.

(6) If an intervention pursuant to (5) is permitted or carried out, even though the relevant adverse effects cannot be avoided or cannot be compensated for or substituted within an appropriate period of time, the intervening party shall provide monetary substitution. The amounts of such substitution payments shall be determined in accordance with the average costs of the unfeasible compensation and substitution measures, including the necessary average costs for planning and maintaining such measures and for providing the necessary areas, also taking account of relevant personnel costs and other administrative costs. If such costs cannot be determined, the amount of a substitution payment shall be determined in accordance with the duration and severity of the intervention, taking account of the resulting advantages accruing to the intervening party. The substitution payment shall be set forth by the competent authority in the relevant official approval notice or, if the intervention is carried out by an authority, shall be determined before the intervention is carried out. The payment is to be made prior to the implementation of the intervention. A different time for the payment may be set; in such cases, provision of security should be required. The substitution payment is to be earmarked for measures, of nature conservation and landscape management, and within the affected natural area if at all possible, for which no legal obligation is already in place under other provisions.

(7) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) is hereby authorised, in consultation with the Federal Ministry of Food, Agriculture and Consumer Protection

(Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz, BMELV) and the Federal

Ministry of Transport, Building and Urban Development (Bundesministerium für Verkehr, Bau und

Stadtentwicklung, BMVBS), and with the consent of the Bundesrat, to specify the details of offsetting interventions, particularly

1. regarding the content, nature and extent of compensation and substitution measures, including measures for unsealing soil, for relinking habitats and for cultivation and management, and to define relevant standards, especially standards applying to comparable types of interventions,

2. regarding the amounts of substitution payments and the procedures for imposing them. As long as, and to the extent that, the Federal Ministry for the Environment, Nature Conservation and Nuclear

Safety (BMU) does not make use of such authorisation, the details of offsetting interventions shall be determined pursuant to the legislation of the Länder, except where such legislation contradicts the above paragraphs.

Article 16 - Stocking of offsetting measures

(1) Nature conservation and landscape management measures that have been carried out with regard to anticipated interventions are to be recognised as compensation or substitution measures if

1. the prerequisites of Article 15 (2) are fulfilled,

2. they have been carried out at no legal obligation,

3. no public funding has been claimed for them,

4. they do not contradict programmes and plans pursuant to Articles 10 and 11, and

5. records showing the original condition of the relevant areas are available; Länder regulations pertaining to requirements for such records shall not be affected.

(2) Stocking of advance compensation and substitution measures, via "eco accounts", pools of areas or other measures; and, especially, recording, assessment or accounting of advance compensation and substitution measures in "eco accounts"; requirements pertaining to approval of such accounts and their tradability; and transfer of responsibility pursuant to Article 15 (4) to third parties that carry out advance compensation and substitution measures, shall be determined pursuant to the legislation of the Länder.

Article 17 - Procedures; authorisation to issue statutory ordinances

(1) Where an intervention, pursuant to other legal provisions, is subject to regulatory approval or necessitates notification to an authority or is carried out by an authority, the relevant authority must also take the decisions and measures necessary for execution of Article 15 in consultation with the competent authority for nature conservation and landscape management, except where Federal laws or the legislation of the Länder provide for a more extensive form of participation or the competent authority for nature conservation and landscape management itself takes the relevant decision.

(2) If, in the case of interventions approved or carried out by Federal authorities, a departure is to be made from the position of the competent authority for nature conservation and landscape management, the Federal authority with the relevant specialised responsibility shall decide, in consultation with the highest authority for nature conservation and landscape management of the Land, except where a more extensive form of participation is provided for.

(3) An intervention that is not carried out by an authority, and does not require regulatory approval or notification pursuant to other legal provisions, shall require a permit from the authority responsible for nature conservation and landscape management. Such a permit must be applied for in writing. Such a permit is to be issued if the requirements pursuant to Article 15 are fulfilled. The competent authority for nature conservation and landscape management shall take the decisions and measures necessary for execution of Article 15.

(4) For purposes of preparation of the decisions and measures for execution of Article 15, the intervening party shall provide the information, to an appropriate extent in light of the nature and scope of the intervention, needed to assess the intervention; in particular, such information shall include information about

1. the location, nature, extent and chronological progression of the intervention, and

2. the planned measures for avoidance, compensation and substitution of adverse effects on nature and landscape, including information regarding the actual and legal availability of the areas required for compensation and substitution.

The competent authority may require submission of expert opinions, where such opinions are needed for assessing the impacts of the relevant intervention and compensation and substitution measures. In the case of an intervention that is to take place on the basis of a specialised plan provided for under public law, the body charged with the relevant planning shall provide the necessary information pursuant to Sentence 1 in the specialised plan or in an accompanying landscape-management plan, and in the form of both text and a map. Such plan shall also include information relative to the necessary measures for assuring the coherence of the "Natura 2000" network pursuant to Article 34 (5) and to advance compensation measures pursuant to Article 44 (5), where these provisions are of relevance for the project. The accompanying landscape-management plan shall constitute a part of the specialised plan.

(5) The competent authority may require payment of a security in an amount no greater than the anticipated costs for the compensation or substitution measures, where such security is needed to ensure fulfilment of…