[Tagging] How are protected_area (and national_park) boundaries determined?
osm-ml at michreichert.de
Wed Jun 24 16:10:30 UTC 2020
Am 24.06.20 um 00:31 schrieb Martin Koppenhoefer:
> in Italy or Germany, the boundaries of protected areas typically either exclude builtup areas or if they are included, there are typically explicit special explanations/provisions for these areas. (there might be exceptions to this, but this is what I have seen).
In Germany, a nature reserve (no matter how large it is) and the rules
applying within its boundaries are declared by a legal norm issued by
the authority for nature protection. Depending on the size, it is either
the county or one more up in hierarchy. Some national parks were
established by a law enacted by the legislative. In all these cases, the
exact boundaries are defined by the legal norm using textual
descriptions and/or maps.
It does not matter who owns the land within the protected area. The
owners need to be heard before the protected area is established and
they can contest the actions of the authority (that's not the case for
protected areas established by the law issued by the parliament). Given
that property needs to serve the public, the interest to protect the
enviroment is usually more important than the right of the owners to use
their property. Mind that the protection usually limit the right to use
only, not totally forbid usage.
However, nature reserves tend to protect areas where a large part of the
land is either owned by the public anyway (municipal and state forests)
because this avoids court proceedings with land owners. But there is no
requirement that the public owns all land in a protected area.
There often signs where paths or roads enter the protected area but the
boundary that matters is written on paper.
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