Permit to derogate from the prohibition to alter a natural habitat

Juniper meadows are one of the habitat types listed in the Nature Conservation Act © Tapio Heikkilä

It is prohibited to alter the habitat types or comparable habitats referred to in the Nature Conservation Act (section 29) in such a way as to jeopardise the preservation of the characteristic features of the area in question. If the characteristic features of the habitat type are not jeopardised, no permit is needed.

The prohibition to alter shall take effect as of when a Centre for Economic Development Transport and the Environment has set the boundaries of the natural habitat to be protected and has notified the site’s owners and holders of its decision.

An ELY Centre may grant a derogation from a prohibition to alter, if the conservation objectives of the natural habitat are not significantly jeopardised or if the protection of the natural habitat prevents the realisation of a project or plan that is considered to be very important to public interest.

If the property owner or holder of special rights incurs significant inconvenience due to the prohibition to alter a natural habitat, he or she is entitled to full compensation from the state, in accordance with the Nature Conservation Act. However, the state is not required to pay compensation until the owner has applied for derogation and the said application has been denied.

If it is manifestly impracticable to grant any derogation, no further special application is needed in order to institute compensation proceedings.

Published 2013-12-16 at 14:07, updated 2018-03-27 at 10:37