The regional council of Freiburg (RP) took note of the ruling by the Administrative Court of Baden-Württemberg (VGH) on Friday, the Bremgarten bird sanctuary in the Markgräflerland (Breisgau-Hochschwarzwald district). The court ruled that the ordinance issued by the RP in 2017 to expand the area is ineffective. Twelve farmers complained to the VGH whose property and leasehold areas are located in the expansion area.
The RP points out that regardless of the ordinance on the protection of the rare triel in this area, the strict species protection requirements must continue to be observed. The main motive of the RP was to create legal security for all actors by expanding the bird sanctuary. After receiving the reasons for the judgment, it will decide whether a new edition of the extension proceedings is necessary or whether the court considers that the area is generally unnecessary by means of an ordinance.
Since 2011 there has been evidence of breeding bird pairs of the rare triel south of the existing Bremgarten bird sanctuary. This justified the professional assessment that there is a so-called de facto bird sanctuary there. This meant that the Freiburg Regional Council was obliged under European law to designate a bird sanctuary to protect the Triel. The designation at this time was particularly important because the planning of the expansion and new construction of the Rhine Valley Railway as an important infrastructure project required creating legal certainty.
In 2017, the existing Bremgarten bird sanctuary was expanded from 520 hectares to around 1700 hectares in order to meet the protection mandate. As part of this procedure, the regional council has endeavored in a transparent and intensive communication process to find good and acceptable solutions for their concerns together with the farmers concerned.
The Bremgarten bird sanctuary is located on the site of a former military airfield. It is one of the most important meadow breeding areas in Baden-Württemberg. In the expansion area designated in 2017, the Triel’s only breeding ground is located in Baden-Württemberg and even throughout Germany.
(Press information: Freiburg Regional Council, July 2nd, 2021)
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