On 6 November 2024, Luxembourg's Ministry of the Environment, Climate and Biodiversity presented the draft law on the protection of nature and natural resources, on forests and on municipal planning and urban development.
The draft law is set to amend the law of 18 July 2018 on the protection of nature and natural resources, and also the law of 23 August 2023 on forests and the law of 19 July 2004 on municipal planning and urban development.
This draft law brings together a number of measures that aim in particular to create what the government aims to be a more advantageous situation for citizens and nature:
- reducing the administrative burden and accelerate construction in urbanised or to-be-urbanised areas;
- promoting the inclusion of natural elements in the urban environment, particularly with regard to municipal planning and special development plans; and
- accelerating the creation and restoration of natural elements, biotopes and habitats.
With regard to simplifying administrative procedures to accelerate the creation of housing in urbanised areas or areas intended to be urbanised while ensuring an increase in the rate of greening in urban areas, the Ministry highlighted the following concepts:
Natur op Zäit
The abandonment of the obligation to compensate for certain types of biotopes less than 15 years old within the urbanised area or area intended to be urbanised. The concept of "Natur op Zäit" aims to promote the development of temporary natural elements in the urban environment. It involves allowing an owner or project manager to allow nature to develop freely on land in urbanised areas or areas intended to be urbanised without having to compensate for this vegetation in order to carry out a construction project. This generates a temporary benefit for biodiversity on these areas.
Measure: Removal of the protection status of biotopes with high potential to develop rapidly and spontaneously (first stages of succession of scrubland such as scrub, pioneer forests, etc.).
Advantages: Better acceptance of spontaneous installation of such biotopes without fear of a compensation obligation; Promotion of a proactive and less restrictive approach for the integration of ecological elements within urbanisation; Reduction of costs (related to the implementation of compensation measures) and acceleration of construction work.
In return, the obligation to develop green infrastructure (e.g. trees and shrubs, parks, green roofs and walls, etc.), on at least 10% of the surface area of any special development plan (PAP) "new district" or "public buildings and facilities" zones is introduced.
Percentage of urban woodland cover and ecological characteristics
Urban woodland cover refers to the ground surface covered by trees and shrubs in an urban environment. To calculate this surface area, areas already urbanised or intended to be urbanised, as well as parks and green areas, are taken into account. Trees and shrubs must have certain minimum dimensions to be taken into account. Woodland cover must also have certain ecological qualities such as the function of the ecological network and the percentage of native or adapted species.
Measures: Elimination of the need to carry out field studies and early mitigation measures (CEF measures) in relation to certain species protected at European level and dependent on biotopes with rapid and spontaneous development, provided that the woodland cover rate of the municipality is greater than 20%; Encouragement of a proactive and less restrictive approach to the integration of ecological elements within urbanization in order to increase the resilience of the urban environment and citizens to the effects of climate change, while encouraging the installation of green infrastructure and an ecological network at the level of the urbanized area; Periodic preparation of a report on biotopes and habitats in urbanised areas or those intended to be urbanised in order to measure and evaluate the number, ecological quality and evolution of these elements in the urban environment; Preparation of an inventory of urban woodland cover for each municipality in the country.
Advantages: Encourage municipalities to increase their woodland cover (currently around 40% of municipalities have 20% woodland cover); the long-term objective is to reach 30%.
Acceleration and control of housing creation costs, as there is no need to carry out field studies.
“Once and for all” compensation
“Once and for all” compensation on state lands for hunting habitats of species with a wide range located in the urbanised area or intended to be urbanised is the responsibility of the State. The compensation measures to be implemented are generally on state land, and targeted on appropriate land according to the biological needs of the species targeted in order to restore their favourable conservation status.
Measures: Elimination of the need for compensatory measures in relation to the hunting habitat of species with a wide range for projects located in urbanised areas or intended to be urbanised; "Once and for all" compensation for the habitats of species protected at European level with an unfavourable conservation status; this only concerns hunting habitats, because breeding sites and resting areas remain subject to the strict protection resulting from the "nature" directives; Creation of compensation plans for these species with a wide range on the targeted state land while providing for specific structures or means, such as refuge areas, flower strips, grassy areas, etc. These compensation plans will be reassessed on a regular basis.
Advantages: Elimination of the need to carry out field studies and compensatory measures in relation to the hunting habitat of species with a wide range; Acceleration of authorisation procedures for construction projects in building zones; Reduction of charges due to reimbursement taxes ("eco-points") in relation to construction projects.
Nature Restoration Law
In order to promote the restoration of ecosystems and their services, appropriate simplification measures are introduced which aim to facilitate and accelerate habitat and biotope restoration projects in order to achieve the objectives in relation to the new Nature Restoration Law (Regulation (EU) 2022/869). In this same context, certain amendments to the law of 23 August 2023 on forests are also planned to promote the creation or restoration, as well as the management of habitats of community interest.
In summary, the general objective of the bill is to ensure quality of life in all urbanised areas and those to be urbanised, facing the effects of climate change.
Green infrastructure within the urban fabric contributes to better water retention and lower temperatures in towns and villages. In addition to these microclimatic benefits, there are advantages such as improving air quality, promoting biodiversity in urban areas and more generally a natural and peaceful atmosphere.
