Land-Use Plan; Preparation

The land-use plan outlines, in general terms, the types of land use resulting from the intended urban development for the entire municipal area. The land-use plan is thus a preparatory urban development plan. This distinguishes it from zoning plans (see also the entry “Zoning Plans”), which are drawn up for parts of the municipal area and contain binding regulations for citizens and building permit authorities.

The land-use plan depicts, for example, areas designated for development, areas for transportation infrastructure, green spaces, as well as areas for agriculture and forested areas. In addition, plans established under other statutory provisions are incorporated for informational purposes. An explanatory statement must be attached to the land-use plan. The explanatory statement must set forth the objectives, purposes, and significant impacts of the land-use plan, and an environmental report must outline the relevant environmental protection concerns.

The land-use plan is drawn up through a procedure regulated by law in the Building Code (BauGB). This procedure involves the participation of citizens as well as authorities and entities representing public interests (see also keyword: “Urban Land-Use Planning Procedure”). The land-use plan requires approval from the higher administrative authority. As a rule, the district offices are responsible for granting approval; in exceptional cases, the regional governments are responsible. The land-use plan takes effect upon publication of the approval in the manner customary for the locality.