Permanent grassland and permanent grassland fallow; application for a derogation for conversion

It is prohibited to convert permanent grassland and permanent grassland fallow into agricultural use. An application can be made to the competent authority for an exemption under nature conservation law.

A distinction is made between three cases of conversion of permanent grassland:

1) Conversion of permanent grassland into arable land or permanent crops

When permanent grassland is converted to another form of agricultural use (arable land, permanent crops), the converted permanent grassland area must be replaced with a new area of arable land or permanent grassland of equal value. The assessment is carried out by the lower nature conservation authority. An exemption from the conversion ban (and thus the obligation to reseed replacement areas) is possible for areas that have not yet been subject to a reseeding obligation (permanent grassland newly created after 2015).

2) Conversion of permanent grassland for grassland renewal

Grassland renewal is not subject to the conversion ban under nature conservation law, with the exception of legally protected biotopes, which also includes "species- and structure-rich permanent grassland".

3) Conversion of permanent grassland into non-agricultural land (usually for construction projects or afforestation)

If "environmentally sensitive permanent grassland" is affected, an application must be made to remove the "environmentally sensitive" designation.

Competent authorities

• Conversion of permanent grassland into arable land or permanent crops
  • Farm subject to greening: exemption under nature conservation law as well as approval under subsidy law is required. You must apply for this at the responsible Office for Food, Agriculture and Forestry.
  • Farm exempt from greening (organic farms, small producers): Exemption under nature conservation law is required. It must be applied for at the responsible lower nature conservation authority.
• Conversion of permanent grassland for grassland renewal: If no legally protected biotopes are affected, the approval requirement under subsidy law remains in place. You must apply for approval from the responsible Office for Food, Agriculture and Forestry.

The impairments must be compensated for.

1) Conversion of permanent grassland into arable land or permanent crops

• Farm subject to greening
  The application must be submitted to the responsible Office for Food, Agriculture and Forestry. The lower nature conservation authority carries out the nature conservation assessment and issues a decision, which is forwarded to the Office for Food, Agriculture and Forestry. The Office for Food, Agriculture and Forestry checks the other requirements (e.g. water law, funding law). The Office for Food, Agriculture and Forestry then sends both notifications to the applicant.
  
• Farm exempt from greening (organic farms, small producers)
  The conversion of permanent grassland into arable land or permanent crops is subject to approval under nature conservation law! The application is submitted directly to the responsible lower nature conservation authority. The lower nature conservation authority carries out the nature conservation assessment and issues a decision, which is sent directly from the lower nature conservation authority to the applicant.

2) Conversion of permanent grassland for grassland renewal

Farms subject to the greening obligation submit a conversion application to the responsible Office for Food, Agriculture and Forestry. If necessary, an opinion is obtained from the lower nature conservation authority and a decision is issued.

In the case of legally protected biotopes, any farmer planning to renew grassland there must obtain a special permit from the lower nature conservation authority.

3). Conversion of permanent grassland into non-agricultural land (usually for building projects or afforestation)

The application must be submitted to the responsible Office for Food, Agriculture and Forestry, which will carry out the technical legal examination and, if necessary, obtain an opinion from the lower nature conservation authority. If "environmentally sensitive permanent grassland" is affected, an application must be made to remove the "environmentally sensitive" designation. The Office for Food, Agriculture and Forestry issues the decision.