Binding opinion on interference with a significant landscape feature

Where to sort this out:

Plzeňská 134, Příbram I (Dům Natura), 1st floor, Department of the Environment,

Other necessary documents, information, etc.:

Completed basic documentation (or project documentation) clearly demonstrating that the intervention in a significant landscape feature will not disrupt its regeneration and will not endanger or weaken its stabilising function, including a site plan, proof of ownership of the land affected by the project (see the form).

Basic information:

By law, significant landscape features (VKP) include forests, peat bogs, watercourses, ponds, lakes, floodplains and registered parts of the landscape. This is a procedure whereby anyone intending to carry out an intervention in a significant landscape feature that could lead to damage or destruction, or potentially endanger or weaken its ecological and stabilising function, must obtain a binding opinion from the nature conservation authority

Processing time:

In straightforward cases, without delay; in other cases, within 60 days; and in particularly complex cases, within 90 days of the application being submitted.

Who is entitled to submit an application, notification, etc.:

Proceedings are initiated on the basis of a written application from the person intending to carry out an intervention affecting a significant landscape feature.

Other parties to the proceedings:

• In the case of the granting or refusal of consent as part of a unified environmental opinion (JES) – as this is not an administrative procedure – there are no participants.
• In the case of administrative proceedings – the owners and co-owners of the land, or those whose rights, legally protected interests or obligations are to be addressed in the proceedings, or whose rights, legally protected interests or obligations may be affected by the decision. The local authority is always a party to the proceedings.

Where to find the form:

A hard copy of the application form can be obtained from the Department of the Environment and downloaded from the town’s website here: Application form for an opinion on an intervention

 Legislation governing the procedure:

• Act of the Czech National Council No. 114/1992 Coll., on the Protection of Nature and the Landscape, as amended
• Decree of the Ministry of the Environment of the Czech Republic No. 395/1992 Coll., implementing certain provisions of Act No. 114/1992 Coll., as amended
• Act No. 500/2004 Coll., the Administrative Procedure Code, as amended.

Procedure under the Code of Administrative Procedure:

Depending on the nature of the proposed intervention, the nature conservation authority shall issue:

1. Approval or disapproval of an intervention which could lead to the damage or destruction of a significant landscape feature or to the endangerment or weakening of its ecological-stabilising function pursuant to Section 4(2) of Act No. 114/1992 Coll. as part of the Unified Environmental Opinion (JES)
2. A decision in administrative proceedings

Administrative (or other) fee:

No administrative fee is charged for the issue of a binding opinion or decision.

Remedies:

The proper remedy is an appeal against the relevant decision of the building authority. An unlawful binding opinion may be revoked or amended in review proceedings before the regional authority.

Where a decision has been issued, the remedy is an appeal.

Related:

Where a significant feature is affected and this also involves the felling of trees growing outside a forest, it is also necessary to apply to the relevant local authority for a felling permit.

Notes:

What penalties may be imposed for failure to comply with the prescribed obligations:
A natural person commits an offence if they carry out harmful interference with a Site of Special Scientific Interest (SSSI) without the consent of the nature conservation authority – a penalty of up to 10,000 CZK; or if they seriously damage or destroy an SSSI – a penalty of up to 50,000 CZK. A legal entity or a natural person carrying out business activities commits an offence if they cause damage to a VKP without the consent of the nature conservation authority – a penalty of up to 500,000 CZK; or if they seriously damage or destroy a VKP – a penalty of up to 1,000,000 CZK.