Overview (table of contents)
Beach protection line
Perennial energy crops within the maritime and åbeskyttelses line
Date of entry into force provisions
The full text of the Ordinance on construction-and beskyttelseslinjer1)
Under section 15, paragraph 5, article 16, paragraph 4, article 67, paragraph 2, article 69, paragraph 5, and section 87, paragraph 5, of the law on nature protection, see. lovbekendtgørelse nr. 933 of 24. September 2009, as amended by section 1 of Act No. 553 of 1. June 2011 and section 18 of Act No. 1273 of 21. December 2011, lays down: Chapter 1 Beach protection line section 1. The provisions of section 15 (1) shall not apply to: 1) dikes, groynes, breakwaters and other installations and measures, carried out as part of a coastal protection of several properties along the coast, and which has been previously authorised in accordance with the law on coastal protection, 2) subdivision, matrikulering or land transfer, which establishes boundaries for the purposes of works and measures under point 1. 1 and 3) such bath-and both bridges, covered by the Transport Ministry's Decree on bathing-and both bridges.
(2). The establishment of coastal protection measures and of bath and both bridges, see. (1). 3, must not prevent or hinder public access to nature, see. Article 22, paragraph 3.
§ 2. Before a decision is taken on a derogation from the provision in article 17, paragraph 1, concerning forest byggelinjen, the Municipal Council give the forest owner concerned the opportunity to express an opinion on the candidate.
Chapter 2 the Multiannual energy crops within the maritime and åbeskyttelses line section 3. The prohibition laid down in article 16, paragraph 1 against planting does not apply for the purpose of cultivation planting multi-annual energy crops that are planted outside the areas designated as international nature protection areas.
(2). The provision in paragraph 1, apply for the purpose of cultivation planting multi-annual energy crops from the following species 1) willow (Salix SP.), family 2) poplar genus (Poppulus SP.), rødel (Alnus glutinosa) 3), ash (Fraxinus excelsior)) 4 and 5), Hazel (Corylus avellana),
be planted in pure or mixed population, and harvested at least every ten years. In areas where afforestation is unwanted, according to a municipality or commune level finally adopted Appendix, may not be harvested at longer intervals than every five years.
(3). Perennial energy crops that are planted as referred to in paragraph 1 which are not harvested as referred to in paragraph 2, shall be considered as afforestation, IE. planting, which can not happen without the Board's prior municipal dispensation after section 65 (2).
§ 4. Land that is closer than 300 m from an international nature conservation area, planted with multiannual energy crops, which are referred to in section 3, if the Municipal Council has approved that the planting will not harm the international nature protection area, see. Article 16, paragraph 3.
(2). The Municipal Council must, by its decision in accordance with article 16, paragraph 3, to assess whether such planting can affect the international nature protection area significantly. If the Municipal Council believes that the plantation could affect the area significantly, must be carried out a detailed impact assessment of tilplantningens impact on the area, having regard to the conservation objectives for the area concerned. The assessment shows that the plantation will harm the international nature protection area, may not be communicated to the requested approval.
Chapter 3 notification section 5. The Municipal Council must in writing inform decisions relating to § § 16-19 to: 1) the addressee of the decision, 2) the owner of the property to which the decision relates, 3) nature Agency and 4) public authorities, likely to have an interest in the matter.
(2). Nature Agency must in writing inform decisions relating to article 15 to those referred to in paragraph 1, no. 1-2 and 4 persons and authorities.
(3). They referred to in paragraphs 1 and 2 shall also be communicated to the decisions in writing to the following associations and organizations, provided that they have asked the Municipal Council respectively nature agency thereof: 1) local associations and organisations with a substantial interest in the decision, 2) nationwide associations and organizations whose main purpose is the protection of nature and the environment, and 3) nationwide associations and organisations which, by their purpose carries significant recreational interests When the decision relating to such interests.
(4). The Board of Directors, respectively municipal nature Agency, notification of derogations from the provisions of § § 15-19, must include a statement that derogations must not be exploited before the appeal period has expired, and to timely complaint has suspensive effect of the appeal, unless the complaint authority decides otherwise, in accordance with article 3. section 87, paragraph 3.
(5). Municipal Board of Directors ' notification of decisions in accordance with article 16, paragraph 3, of the basic regulation. section 5 of this order, to planting will not harm the international nature protection area, shall include a statement that timely complaint has suspensive effect of the appeal, unless the complaint authority decides otherwise, in accordance with article 3. section 87, paragraph 3.
(6). The Municipal Council, respectively nature Agency, gives the, which has been given a permit, under the direction of a filed complaint and the complaint about suspensive effect.
Publication of decisions
§ 6. The local authority, respectively, should publish nature agency derogations from the provisions of § § 15-19 and decisions in accordance with article 16, paragraph 3, of the planting will not harm an international nature conservation area, if the decisions are considered to be of greater importance or of general public interest. Also published other such decisions when they are not of secondary importance, and when they are deemed to be of interest to other complaint justified than those who are informed in accordance with the rules in section 5, paragraphs 1 and 3.
(2). Publication occurs after nature agency or local Board's detailed provision and can be done solely on nature agency or municipality's website.
(3). The publication referred to in paragraph 2 shall indicate: 1) the main content of the decision, 2) which properties or parts of properties covered by the decision, 3) the place or places where the decision may have been presented, and 4) the appeals procedure.
(4). The Municipal Council, respectively Natural Agency to publish complaint authority's decision in a complaint after complaint authority quantification. The publication can be done solely on the municipalities, nature agency or complaint authority websites.
Publication of decisions of the Minister of the environment for the waiver of construction and protection lines
§ 7. The Municipal Council shall publish the decisions, which nature Agency shall, according to article 69, paragraph 1, relating to the amendment or repeal of construction and protection lines in § § 8 and 15-18.
(2). Publication shall take place in accordance with the provisions of paragraph 6, paragraph 2, and paragraph 3, nr. 1-2. Chapter 4 the effective provisions of section 8. The notice shall enter into force on the 2. January 2012.
(2). Executive Order No. 824 of 1. July 2011 on construction and protection lines is repealed.
The Ministry of the environment, the 21. December 2011 Ida Auken/Sven Koefoed-Hansen Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council directive 2009/147/EC of 30. November 2009 on the conservation of wild birds (birds directive), the official journal of the European Union 2010, nr. L 20, page 7, and parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive), the official journal of the European communities, 1992, nr. L 206, p. 7, as amended most recently by Council Directive 2006/105/EC of 20. November 2006, the official journal of the European Union 2006, nr. L 363 page 368.