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Regulation on the establishment of protected areas and a protected landscape area of central importance with the overall designation "Biosphere Reserve Rhön" ("Rhön")

Original Language Title: Verordnung über die Festsetzung von Naturschutzgebieten und einem Landschaftsschutzgebiet von zentraler Bedeutung mit der Gesamtbezeichnung "Biosphärenreservat Rhön"

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Regulation on the establishment of protected areas and a protected landscape area of central importance with the overall designation "Biosphere Reserve Rhön" ("Rhön")

Unofficial table of contents

NatSGRhönV

Date of completion: 12.09.1990

Full quote:

"Regulation on the establishment of protected areas and a protected landscape area of central importance with the overall designation" Biospheric Reserve Rhön " of 12 September 1990 (GBl. GDR 1990, SDr. 1476) "

Footnote

The continuing right of the former. German Democratic Republic gem. Article 3 (30) (k) EinigVtrVbg v. 18.9.1990 II 1239 in accordance with the conditions laid down in d. Art. 9 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 889 mWv 3.10.1990.
(+ + + measures due to EinigVtr cf. NatSGRhönV Annex EV + + +)
(+ + + Text proof applicable: 3.10.1990 + + +) Unofficial table of contents

Input formula

On the basis of Art. 6 § 6 No. 1 of the Environmental Framework Act of 29 June 1990 (GBl. 649) in conjunction with § § 12, 13 and 15 of the German Federal Nature Protection Act (Bundesnaturschutzgesetz) is prescribed: Unofficial table of contents

§ 1 Setting

In the extent specified in section 2, nature reserves and a protected landscape area are set in the Rhön area with the overall designation "Biosphere Reserve Rhön". Unofficial table of contents

§ 2 Area description and delimitation

(1) The Biosphere Reserve is on the Thuringian side the continuation and completion of the planned biosphere reserve of the same name in Bavaria and Hesse. On the Thuringian side, it covers the following areas:
Shares in the High Rhön. Flat-wave high-surface area over a closed tertiary basalt ceiling around Birx, Frankenheim and the elbow in 750 to 814 m above sea level. NN. Extensive grassland areas, especially in flat and flat terrain, are landscape-like. The grasslands are subject, with the exception of less streaks, to the direct border area of intensive farming through the use of willow and as a manure, including strong fertilisation. Steeply inclined slopes, valley cuts and the slope of the basal high area are wooded, some with spruce forests, some with beech forests and edellaub mixed forests.
The larger part of the biosphere reserve comprises the domes of the cupola or forrhön. This is a mostly heavily reliefted mountain and hilly land, which is in the underground from the sediments of the trias, especially the pussy lime, but also small-area from the Buntsandstein and Keuper as well as isolated from tertiary lockersediments at the base of the Basalt ceilings are built up. Landscape-forming surface forms are conical and dome-shaped mountains, on the triassic base of which mostly basalt-ceiling remains rest. The most important areas of this Vorderrhön landscape with basalt cone mountains are included in the Biosphere Reserve. The area is crossed by a dense valley network with always blocky, kiesy streams of different sizes. Many have their origins in the High Rhön. The basalt mountain tops and steep valley slopes are brimming with natural deciduous forests, some of them also with spruce and pine forests. Many hillsides as well as high areas are used as grassland, partly as sheep ' s huts (great species richness), partly as intensively farmed and overfertilized cattle grazing or mowing meadows (with grassland sowing). In the shallower lower altitudes, arable farming prevails. Remote grasslands and former farmland have hardly been used in the last few decades, they are bugged. The richly structured deciduous forest areas, the trifts and the less intensively used meadows have a rich species inventory with numerous protected species, some of which are threatened with extinction.
High Rhön and Vorderrhön are very attractive landscapes and ideal for recreation. (2) The limit of the Biosphere Reserve is as follows:
The western and southern border is formed by the land border with Hesse and Bavaria. In the north way from the border to Hesse west Pferdsdorf to Pferdsdorf. The road in the north-easterly direction to Räsa, further to Sinna. From there the road northeast to Vacha to paper mill, to the east 50 m north of the course of the oil to the road Vacha-genoshausen. The boundary follows the mentioned road past Genoshausen to Willmanns until the crossing Mariengart-Gehaus-Öchsen, further on to Gehaus. In Gehaus, the main road will leave, further east around the Baier to the Bayershof, from there to the south, Unteralba, Dermbach, the road further towards Kaltennordheim to the junction Glattbach, through Glattbach to Wiesenthal, from Wiesenthal in Direction North the road to Urnshausen, there to the east to Bernshausen, forest path towards Pleß to Bernshäuser Hähl, road to Rosa, road Rosa-Eckhardts-Hümpfershausen-Friedelhausen-Öpfershausen-Unterkatz, heading south to Dörrensolz- Stepfershausen-Herpf-Bettenhausen-Stedtlingen-Thurmgut-Hermmansmeld, to the south to the National border with Bavaria.
The course of the demarcation along the roads and paths is to be understood exclusively by this. (3) The limit of the biosphere reserve is shown in a map M 1:50.000, which is an integral part of this regulation. In addition, the limit of the Biosphere Reserve is entered in maps M 1:10,000 and M 1:25,000 red, which are kept in stock by the top nature conservation authority and are referred to in the reference. Further copies can be found in the reserve administration and in the district administration. In the case of the said authorities, the cards are generally accessible during office hours. Unofficial table of contents

§ 3 Protection

The purpose of the establishment as a biosphere reserve is to protect, maintain and develop the natural-spatial nature of the Rhön in combination with a typical use of the Rhön. In particular:
1.
to preserve the characteristic life communities with their biodiversity,
2.
to preserve or restore the historical use of pastureland for the care of the grassland;
3.
to preserve natural and semi-natural forests,
4.
to preserve and develop fallow and still waters and moors and landings;
5.
open-air research, study and demonstration facilities, in so far as they are consistent with the protection purpose,
6.
to open up and secure the parts of the harmonious cultural landscape for forms of education and recreation that can be represented in an ecologically sustainable way.
Unofficial table of contents

§ 4 Protection zones

(1) The biosphere reserve is divided into the protection zones I, II and III. (2) The protection zone I (core zone) is designated as a nature reserve of central importance without economic use (total reserves). It includes the following faces:
1.
Arzberg bei Otzbach, Revier 2.03 Arzberg, Bl. 2 (2), Abt. 2097b, NHB 32, (WaldCondition 01. January 1988);
2.
Sachsenburg near Oberalba, Revier 3.01 Emberg, Bl. 1 (2), Abt. 3007b, NHB 622, (WaldCondition 01. January 1988);
3.
Rhönwald near Oberweid, Revier 1.01 Ellenbogen, Bl. 2 (2), Abt. 1025-1029, (WaldCondition 01. January 1988);
4.
Lange Rhön bei Birx, Revier 1.01 Ellenbogen, Bl. 2 (2), Abt. 1001a, (WaldCondition 01. Januar 1988);
5.
Rhönkopf-Streufelsberg between Frankenheim and Reichenhausen, Revier 1.01 Ellenbogen, Bl. 1 (2). Abt. 1005a, b1-b3, c1-c2, 1006 a1-a5, 1008 a1-a2, b1-b2, c1-c3, NHB 37-42, (forest condition 01 January 1988);
6.
Stoffelskuppe bei Bernshausen, Revier Roßdorf, Abt. 138d, c3, NHB 16, (WaldCondition 1961).
(3) The protection zone II (development and care zone) is designated as a nature reserve of central importance. With the exception of the areas described in paragraph 2, it includes the following faces:
1.
Öchsenberg near Vache, in the south road sin-Genoshausen, in the west Waldboundary, trail Poppenberg-genoshausen up to the altitude 347 (west Sauermühle), route towards the summit to the forest border, forest border to the street "sinna"-genoshausen;
2.
Buchenberg near Wenigentaft, in the west border to Hesse to 310 m southwest summit, road and forest edge in eastern and southern direction to point 308,2, forest edge to northeast and north including a 50 m wide grassland strip (course the old inner border fence), in the north of the forest border;
3.
Sitefsberg and Rasdorfer Berg near Buttlar and Geisa, sitefsberg: entire forest area, in the southwest along the border to Hessen approx. 100 m wide to 350 m south of the summit, Rasdorfer Berg: in the west and northwest border to Hesse, in the north way from point 322,3 along the forest boundary to point 321.1, way to Borsch 420 m to east-southeast, at the way fork way in the direction Southwest over point 326,0, 328,5, 322.7 to 380 m north of Wiesenfeld. Walk to Northwest 180 m, then walk to southwest 270 m, route north to the border to Hesse (including Sissenberg);
4.
Ulster from the border at Motzlar to Pferdsdorf, Ulsterlauf from the border to Hesse south of Motzlar to Pferdsdorf, including a 20 m wide riverside strip on both sides of the river, limited in the south by the border to Hesse, northwest along the apple stream (including) to Motzlar, Ulsteraue to F 87 as well as 1 km long and 180 m wide slope strip along the national border to Hesse to Nordost, plus forest area at the Ulsterunterhang area of Revier-2.03 Arzberg, Bl. 1 (2), Abt. 2117 c3, c6-c8, NHB 9, (Forest Condition 01 January 1988);
5.
Auewäldchen bei Borsch, Revier 2.03 Arzberg, Bl. 2 (2), Abt. 2095 a1-a3, b, (WaldCondition 01. Januar 1988);
6.
Teufelsberg-Pietzelstein bei Spahl, in the west national border to Hesse, in the south road Aschenbach-Spahl, in the east Waldboundary, east-west-running path to point 465,4 to Waldboundary, way north northeast 450 m, way east northeast 250 m, way direction east 350 m, North northeast 230 m, way to West 250 m, way north northwest 250 m, forest border to the border to Hesse;
7.
Rößberg near Reinhards, in the south border to Hesse, in the east road Gotthards-chains up to 300 m before chains, way west 750 m to forest edge, forest edge to northwest and west northwest to Jakobshof, road to Spahl up to point 451,8, way after Reinhards to the south to the border to Hesse;
8.
Tannenberg-Seelesberg near Walkes, in the south and east of the border to Hesse, in the west and north of the forest border to the road Habel-Waldes, walk east Walkes to Seeleshof, Waldrand Seeleshof to the state border to Hessen at point 441;
9.
Arzberg bei Otzbach, Revier 2.03 Arzberg, Bl. 2 (2), Abt. 2088c, 2096a, b1-b2, c1-c3, 2098 a1-a2, b, c1-c3, d1-2, 2099 a1-a6, b1-b5, NHB 33, (WaldCondition 01. January 1988);
10.
Kalktuffniedermoor near Geblar, Gemarkung Oechsen, Flurstücke 982, 983, 989;
11.
Sachsenburg near Oberalba, Revier 3.01 Emberg, Bl. 1 (2), Abt. 3002 a1-a5, 3007 a1-a4, b1-b2, c, NHB 618-621, (Forest Condition 01 January 1988), Gemarkung Oberzella, Flur 9, Flurstücke 580-611, 646/1-646/6;
12.
Kohlbach-Hochrain at Gerstengrund, in the south border to Hesse, in the west from point 641 to north to Waldboundary Bärenloch, way to the east and southeast 500 m, way to north 1,000 m, way via Kohlbachaue to road Zitters-Mückendorf to point 586, trail to Hochrain including grassland areas around Hochrain, road to northeast to northern forest border, in the north forest border, road to southeast 500 m, road to Mückenhof (south west), road to tremor to forest boundary (200 m), forest border to the south and extended road to the border with Hesse;
13.
Horbel-Hoflar-Birkenberg between Andenhausen and Unterweid, border to Hesse from Hundsbach to Goldhecke, trail from Goldhecke northeast to forest border, northern and eastern forest border of the Horbel and Sauergehäu, southern forest border of the Sauergehäu up to 500 m south summit Sauergehäu, to the southeast 800 m, south 1,800 m to the eastern forest border Großer Hoflar, forest border to southeast corner of the forest, to southwest 850 m to Kleiner Hoflar, forest border in the southwest of Kleiner Hoflar to Westecke, west 1.300 m to the road Unterweid-Kleinfischbach, 250 m to the southwest including the vineyard to the forest border 500 m south of the Birkenberg, southwestern forest border of the Birkenberg to the border of Hesse at Hundsbach;
14.
Long Rhön near Birx, in the west border to Hesse, in the southeast border to Bavaria, forest border in the north and east of the Dungberg to road Seiferts-Birx, road in the direction of Frankenheim with exclusion of the location Birx to the turn of the road in Direction southeast (Grabenberg), 550 m to southeast along the road, walk to Nordost 100 m and to east 200 m, walk to Nordost in the direction of Frankenheim to Leubach, Leubach up to the border with Bavaria;
15.
Rhönkopf and Streufelsberg between Frankenheim and Reichenhausen, in the southeast border to Bavaria, street Leubach-Frankenheim with inclusion of the Hählwaldes, local border Frankenheim, way to the east and northeast to point 746, to the north 1,200 m to Waldrand of the Abtswaldes, road Frankenheim-Reichenhausen to point 601.1 including the meadow areas west of the road (south-west of the point 679.7), forest edge northeast of the Streufelsberges to the road Reichenhausen-Melpers, street Reichenhausen-Melpers to south to point 578, road to south-west 500 m and Extension to the southwest to the border with Bavaria;
16.
Bischofswaldung with Stedtlinger Moor near Stedtlingen, in the west and south border to Bavaria, Waldboundary south Schmerbach, to the north road Schmerbach-Stedtlingen to point 408/4 (500 m west Stedtlingen), way to South and southwest 750 m, Waldrand north and west of Ruppers, southeastern border of the Wiesenstreifen south of the road Stedtlingen-Willmars up to the border with Bavaria;
17.
Hembachwald between Helmershausen and Bettenhausen, Revier 2.05 Bettenhausen, Bl. 2, Abt. 2531a, (Forest Condition 01 January 1976);
18.
Summer Valley near Fischbach, Revier 1.06 Umpfen, Bl. 1 (2), Abt. 1079 c1-c2, 1081 c3, c10-c11, 1082a, 1085 b1-b2, c, d, e1-e2, 1086 a4-a6, b2-b5, kc, 1087 a2-a3, c1-c3, 1131 a1-a2, b1-b3 (southern part), c1-c4, d, 1132 a1-a8, 1133 a1-a5, NHB 23 (eastern Half), 27, 30, 651, (forest condition 01 January 1988), parcels (partly only partial areas), Gemarkung Fischbach, Flur 6, parcels 1115, 1116/1, 1116/2, 1124-1130, 1133, 1134/1, corridor 7, parcels 1159-1167, 1168/1, 1168/2, 1169-1174, 1176, 1177/1, 1177/2, 1178-1186, 1191-1199, 1200/1, 1200/2, 1206-1214, 1215/1, 1290, 1492-1493, 1495, 1523;
19.
Wiesenthaler Schweiz bei Wiesenthal, Flurstücke (partly only faces) 1016, 1018-1025, 1026 a-c, 1037, 1038 a-e, 1039-1043, 1684, 1686, 1688, 1689;
20.
Ibengarten near Glattbach, Revier 1.04 Ibengarten, Bl. 2 (2), Abt. 1159 c1-c7, 1160 a1-a3, b1-b8, (WaldCondition 1. January 1988);
21.
Kuhkopf near Diedorf, west and south slope of the Kuhberg, in the north, northeast and east boundary through the forest edge, southeast border in Hangkerbe direction Diedorf, way on the slope southwest and west of the cow's head;
22.
Baier bei Dermbach, Revier 1.03 Emberg, Bl. 2 (2), Abt. 3031 b3-b4, c3, c8, 3034d, e, 3035, NHB 28, 601-610, (WaldCondition 1. Januar 1988);
23.
Bernshäuser Kutte bei Bernshausen, Revier 1.04 Ibengarten, Bl. 2 (2), Abt. 1166a, b, c1-c2, (WaldCondition 1. Januar 1988), Gemarkung Bernshausen, Flurstücke 232/3-232/5;
24.
Stoffelskuppe bei Bernshausen, Revier Roßdorf, Abt. 138 a1-a2, b, c1-c2, c4, (WaldCondition 1961).
(4) The protection zone III (zone of the harmonious cultural landscape) shall be designated as a protected landscape area of central importance. It covers the area described in paragraphs 2 and 3. (5) The limits of the protection zones are entered in the cards referred to in section 2 (3). Unofficial table of contents

§ 5 Commandments

(1) In the Biosphere Reserve it is necessary to:
1.
to ensure the natural development of habitats in the protection zone I,
2.
Protection zone II shall be used to preserve and develop territorial diversity of communities and plant and animal species through appropriate care and usage measures,
3.
In the protection zone III, the nature and use-related character of the landscape must be preserved and designed in the sense of the protective purpose (§ 3).
(2) In particular, it is necessary to:
1.
carry out the stock regulation of animal species in accordance with the objectives for the biosphere reserve in protection zones I and II in accordance with the conditions laid down and in the protection zone III, in agreement with the reserve management;
2.
In the protection zone II, subordinating the construction of hunted installations to the protective purpose (§ 3) and carrying out natural materials in a landscape-adapted design;
3.
develop natural forests in protected zones II and III by means of appropriate forest-related measures,
4.
In the protection zones II and III Biotopschutz according to § 20c of the Federal Nature Protection Act, extended to cave trees, horsttrees of birds of prey and colonists as well as 100 m-area around reproduction and reproduction sites of the extinction to carry out major bird species,
5.
to obtain semi-dry grassland sites in the protection zone II and to extend it in their area by means of a debuke,
6.
to manage the pastures with land-resistant pets in the protection zones II and III,
7.
to gradually introduce organic farming in protection zone III,
8.
in the protection zones II and III, to maintain the flow of water;
9.
to establish a maintenance and development plan for protection zones II and III within 2 years,
10.
to provide for appropriate measures in the protection zone III for the promotion of soft tourism in the maintenance and development plan,
11.
In the protection zone II by the managing authorities, all the conditions must be created to ensure that the open-air research coordinated with the reserve management and the use of the biosphere reserve for study and demonstration purposes is guaranteed.
Unofficial table of contents

§ 6 prohibitions

(1) In the case of protection zone III, it is prohibited to:
1.
To break, to use, or otherwise purposefully exploit, grassland areas,
2.
to expand or contaminate the flow of water;
3.
structural installations outside the area of built-up areas or the scope of legally binding land-use plans;
4.
All avenues, Hutebook, Hecken and Lesesteinwälle to eliminate
5.
to create new closures for rock mining,
6.
to change the landscape character,
7.
To apply clearcuttings over 3 ha.
(2) The prohibitions referred to in paragraph 1 shall apply to the protection zone II. It is also prohibited,
1.
the way to leave,
2.
To remove or damage plants or parts thereof,
3.
to catch or kill non-huntable animals and their development stages,
4.
to use biocides, mineral fertilisers and manure and to apply the protection zone of agrochemicals with aircraft over an adjacent 100 m wide strip;
5.
outside of fixed buildings, or tents,
6.
feed wild animals and wild rockers,
7.
to produce non-native animal and plant species and breeds,
8.
to implement hydromeliorative measures,
9.
to disturb the tranquillity of nature or the enjoyment of nature by noise or otherwise,
10.
to launch or land or operate model aircraft with aircraft, hanggliders and paragliders,
11.
to contaminate the area,
12.
draw up or affix signs which are not in accordance with the objectives set out in paragraph 3;
13.
organised events of all kinds,
14.
If they do not serve the purpose of protection, to apply clearcuts.
(3) The prohibitions referred to in paragraphs 1 and 2 shall apply to the protection zone I. It is also prohibited,
1.
carry out any economic measures,
2.
to affect the territory in any way.
Unofficial table of contents

§ 7 Exceptions

(1) withdrawn from the prohibitions of § 6 are:
1.
inexorable measures to protect the population as well as to avert threats to people's life and life and to significant property,
2.
Measures of the Management of Reserves, which serve solely for the purpose of Section 3;
3.
the movement of the blocked roads and roads by means of motor vehicles by members of State administrations or their representatives in the case of compulsory service journeys, as well as by other persons with the authorisation of the management of the reserve,
4.
the proper agricultural land use of the land used to date in the sense of the Federal Nature Protection Act (§ 8 (7)),
5.
the previous use of construction installations, including the associated areas,
6.
in the protection zone III, milking stalls, cattle drowning, livestock shelters, local fences, forestry fences, game food sites and hunting seats, as well as construction-approval-free projects in the house and court area,
7.
organized events in the sense of the protection purpose (§ 3) in agreement with the reserve management.
(2) The measures permitted at the time of entry into force of the Regulation on the basis of special authorisations and rights shall remain unaffected. Insofar as these measures are not compatible with the protective purpose of the Biosphere Reserve (§ 3), they are to be dismantled as quickly as possible within the scope of legal possibilities. Unofficial table of contents

§ 8 Liberation

(1) From the prohibitions of § 6, exemption may be granted on a case-by-case basis, if:
1.
the implementation of the rules
a)
would lead to unintended hardship and the deviation should be agreed with the protective purpose of the Biosphere Reserve (§ 3); or
b)
would lead to an unintended impairment of nature and landscape
2.
the overriding reasons of the common good require the liberation.
(2) The Supervisory Authority of the Management of Reserves shall be responsible for the granting of the exemption; the Supervisory Authority may delegate this task in whole or in part. Unofficial table of contents

§ 9 Agreement

The agreement with the Reserve Management is to be established at
1.
measures to maintain the roads and roads and the waters,
2.
Extensions and new facilities of leisure facilities and
3.
the drawing up of construction plans.
Unofficial table of contents

§ 10 Compensation for use restrictions

Where, by virtue of this Regulation or by means of measures under this Regulation, owners or other persons entitled to use are subject to restrictions on their rights of use or obligations to an extent that goes beyond the social retention of property, shall they are entitled to compensation. It must compensate adequately for the assets which have been caused by the measures. Unofficial table of contents

§ 11 precedence of this Regulation

The provisions of this Regulation shall comply with the provisions of the existing decisions, regulations and arrangements for the protection of nature in this area. Unofficial table of contents

§ 12 Final determination

The Regulation shall enter into force with effect from 1. October 1990, in force. Unofficial table of contents

Final formula

The Council of Ministers of the German Democratic Republic Unofficial table of contents

Annex

(Content: non-representable card,
Fundstelle: GBl. 1990, special print no. 1476) Unofficial table of contents

Annex EV Excerpt from Article 3 of the Agreement on the Implementation and Interpretation of the Agreement of 18.9.1990 (EinigVtrVbg)
(BGBl. II 1990, 885, 1239)

Article 3
The following law of the German Democratic Republic shall remain in force after the date of entry into force of the accession. Article 9 (4) of the Treaty shall apply accordingly. ...
1.
up to 29. ...
On Chapter XII
(Business Unit of the Federal Minister for the Environment, Nature Conservation and Nuclear Safety)
30.
a)
to j) ...
k)
Regulation on the setting of protected areas and a protected landscape area of central importance, with the overall designation "Biosphere Reserve Rhön" of 12 September 1990 (Special Pressure No 1476 of the Official Journal)
l)
to n) ...
with the following conditions: the regulations apply with the proviso that they will not apply to the new construction, the extension and the maintenance of federal transport routes. In the implementation of the measures referred to above, account shall be taken of the protection of the regulations.
...