Display procedure and entry into force of the 4th amendment of the landscape plan No. 4 Nümbrecht-Waldbröl according to § 19 State Nature Conservation Act NRW

The implementation of the notification procedure pursuant to § 18 of the Act on the Protection of Nature in North Rhine-Westphalia (State Nature Conservation Act – LNatSchG NRW) for the4th Amendment of Landscape Plan No. 4 “Nümbrecht-Waldbröl” (Text, Appendix Maps), statute of the Oberberg District based on the decision of the District Council on 28.09.2023, is hereby publicly announced pursuant to § 19 LNatSchG NRW.

Pursuant to § 18 paragraph 3 in conjunction with paragraph 2 LNatSchG NRW, the District Government in Cologne, as the Higher Nature Conservation Authority, announced by decree dated 10.09.2024, reference number 51-2024-0030174, that the aforementioned statute can only be enacted once certain violations have been remedied.

Subsequently, the textual explanations and amendment maps were revised, and a legend was created for the maps. Additionally, the owners of an area designated as a protected landscape component after the public display were specifically informed pursuant to § 17 paragraph 2 sentence 3 in conjunction with § 20 paragraph 2 sentence 2 LNatSchG NRW about the designation and were given the opportunity to provide comments.

The 4th Amendment of Landscape Plan No. 4 “Nümbrecht-Waldbröl” enters into force pursuant to § 19 LNatSchG NRW with this announcement.

Landscape Plan No. 4 Nümbrecht-Waldbröl and the 4th Amendment to this landscape plan are available for inspection by any person at the Oberberg District, Department for Planning, Development, and Mobility, Room 03-304, Karlstraße 14-16, 51643 Gummersbach during office hours. Information on the content is provided upon request; prior appointment is recommended. Furthermore, the contents of this landscape plan are accessible via the spatial information system RIO (RIO – Climate, Nature, and Environment).

Notes:

Pursuant to § 21 paragraph 1 LNatSchG, a violation of procedural or formal provisions of this law is only significant for the validity of landscape plans if

1. the provisions on the involvement of public authorities and public display pursuant to §§ 15, 17 or § 20 paragraph 2 sentence 2 LNatSchG NRW have been violated; however, it is insignificant if, when applying the provisions, individual affected public authorities were not involved or if the requirements for conducting the involvement under these provisions were misinterpreted when applying § 17 paragraph 2 sentence 3 LNatSchG NRW or § 20 paragraph 2 sentence 1 LNatSchG NRW, or
2. a resolution by the landscape planning authority was not made, a notification procedure was not conducted, or the implementation of the notification procedure was not announced in the customary manner.

Deficiencies in the balancing process are only significant for the validity of the landscape plan pursuant to § 21 paragraph 2 LNatSchG NRW if they are evident and have influenced the balancing result. The factual and legal situation at the time of the resolution on the landscape plan is decisive for the balancing result.

Irrelevant for the validity of the landscape plan pursuant to § 21 paragraph 3 LNatSchG NRW

1. a violation of the procedural and formal provisions referred to in § 21 paragraph 1 sentence 1 No. 1 LNatSchG NRW, and
2. deficiencies in the balancing result pursuant to § 21 paragraph 2 LNatSchG NRW,

if they are not asserted in writing to the landscape planning authority within one year of the announcement of the landscape plan; the facts that justify the violation or deficiency must be explained.

Violations of procedural and formal provisions under the District Code for the State of North Rhine-Westphalia (KrO) cannot be asserted against this statute pursuant to § 5 paragraph 6 of the KrO in its current version after one year from its promulgation unless

1. a required approval is missing or a required notification procedure was not conducted,
2. the statute or other local regulation was not properly publicly announced,
3. the district administrator objected to the district council's resolution beforehand, or
4. the procedural or formal defect was previously criticized to the district and the violated legal provision and the fact that results in the defect were specified.

Gummersbach, 26.05.2026

Oberberg District

The District Administrator

signed.

Grootens