Authorisation to derogate from prohibitions in a special protection area

Main information

If you intend to carry out one of the activities prohibited in (part of) the SPA by the Nature and Landscape Protection Act, you must apply to the locally competent nature protection authority for permission to derogate from the prohibition in the SPA.

An exception to the prohibitions in a specially protected area allows these activities to be lawfully carried out. Authorisation to derogate from the prohibitions set out below may be obtained only if another public interest outweighs the interest of nature protection, or in the interest of nature protection, or if the activity authorised does not significantly affect the maintenance of the conservation status of the subject matter of the special protection area.

The categories of specially protected areas are:

  • National Park
  • Protected Landscape Area
  • the National Nature Reserve
  • nature reserve
  • National Natural Monument
  • natural monument

The following activities shall be prohibited in specially protected areas of these categories:

1. National Park

The following shall be prohibited throughout the national parks:
  1. locating or authorising mining works, including associated mining structures or installations, other than securing and disposing of existing mining works;
  2. demarcate new industrial zones;
  3. establish exploratory areas;
  4. extract minerals, peat or salt, except for the extraction of building stone and sand for construction in the national park;
  5. dispose of waste that originates outside the national park;
  6. authorise or carry out the deliberate spread of non-native plant species;
  7. introduce intensive game farming, such as fields, farms or pheasants;
  8. change the existing water regime of the land;
  9. release animals other than those resulting from approved rescue programmes or animals cured by rescue stations at the place of their discovery;
  10. position light sources away from enclosed objects which direct the luminous flux above a horizontal plane passing through the centre of the light source,
  11. carry out fireworks or use fireworks, or
  12. fly in violation of the conditions laid down in a measure of a general nature issued under other legislation49), except flights for ensuring state security, the protection of persons, property or public order, and flights for the needs of nature protection authorities.
In national parks outside built-up areas of municipalities and buildable areas of municipalities:
  1. use means or carry out activities that may cause substantial changes in biodiversity, ecosystem structure and function contrary to the conservation objectives of the national park zones or the national park zone regime;
  2. to place, permit or carry out buildings, other than buildings not requiring a zoning decision or zoning consent and intended for the purposes of nature protection, care for agricultural land and forests, tourism, watercourse management, fire protection and rescue, state defence, protection of state borders or monument protection,
  3. remove the top layer of land or carry out landscaping, except for buildings not requiring a zoning decision or zoning consent and intended for the purposes of nature protection, care for agricultural land and forests, tourism, watercourse management, fire protection and rescue, state defence and state border protection, or outside the maintenance of cultural monuments,
  4. authorise or carry out geological works,
  5. collect minerals, plants or capture animals, with the exception of normal land management, research authorised or organised by a nature conservation authority, the exercise of hunting rights, fishing rights or general forest use rights under other legislation;
  6. use artificial fertilisers, slurries, silage juices or lime on land outside the garden;
  7. sowing or planting plants outside gardens; this shall not apply to the planting or sowing of native or local varieties of fruit trees;
  8. use biocides outside buildings;
  9. store fuel or chemical products away from places reserved by the nature conservation authority for a limited period of time;
  10. dispose of waste originating in the national park, outside the areas reserved by the nature conservation authority;
  11. modify natural riverbeds or remove silt or other naturally created obstacles from natural riverbeds, except in cases of imminent danger to the life or health of persons or the threat of significant damage to property;
  12. enter and remain with motor vehicles and caravans off roads, local roads and places reserved by the nature protection authority, with the exception of the entry and residence of vehicles of the basic components of the integrated rescue system, the municipal police, the armed forces of the Czech Republic, the Customs Administration of the Czech Republic, the Prison Service of the Czech Republic, other public authorities, veterinary services, vehicles of watercourse managers, water and sewerage operators, energy systems, pipelines, pipelines and public communication networks in the performance of their tasks or vehicles needed for forest and agricultural management in the national park and vehicles of owners and tenants of immovable property in connection with their use,
  13. ride a bicycle or horse off roads, local roads and places reserved by the nature protection authority, with the exception of rides carried out by members of the basic components of the integrated rescue system, the municipal police, the armed forces of the Czech Republic, the Customs Administration of the Czech Republic, the Prison Service of the Czech Republic, staff of other public authorities, staff of the veterinary service and staff of the watercourse manager in the performance of their tasks or owners and tenants of immovable property in connection with their use,
  14. to engage in mountaineering sports, merging watercourses or other water sports outside the areas reserved by the nature protection authority,
  15. camp outside the areas reserved by the nature conservation authority;
  16. make fires outside the areas reserved by the nature conservation authority;
  17. organise or organise sporting, tourist or other public events outside the areas reserved by the nature conservation authority;
  18. operate free or stall sales outside buildings,
  19. operate aircraft capable of flying without a pilot50) or aircraft models, or
  20. carry out chemical sprinkling of roads, with the exception of maintenance of Class I roads.

2. Protected Landscape Area

The following shall be prohibited throughout the territory of protected landscape areas:
  1. dispose of waste outside areas reserved with the consent of the nature protection authority;
  2. camp and set fires outside areas reserved with the consent of the nature protection authority;
  3. enter and remain with motor vehicles and caravans off roads and local roads and places reserved with the consent of the nature protection authority, except for the entry and residence of government vehicles, vehicles needed for forestry and agricultural management, state defence and state border protection, fire protection and health and veterinary services,
  4. authorise or carry out the deliberate distribution of alien species of flora and fauna and alien and locally absent species in aquaculture;
  5. use poisoned baits in the exercise of the right of hunting,
  6. build new motorways, settlements and navigation channels;
  7. organise car and motorcycle competitions;
  8. carry out chemical sprinkling of roads,
  9. change the preserved natural environment in violation of the closer conditions of protection of the protected landscape area.
In addition, the following shall be prohibited in the first zone of a protected landscape area:
  1. locating and authorising new buildings,
  2. permitting and altering the use of land,
  3. change the current structure and areas of the cultures, unless the change results from the management plan for the protected landscape area;
  4. fertilise land, use slurries, silage juices and other liquid wastes,
  5. extract minerals and humolites.
In addition, the following shall be prohibited in the territory of the first and second zones of a protected landscape area:
  1. manage land outside the built-up areas of municipalities in a way that requires intensive technologies, in particular means and activities that can cause significant changes in biodiversity, ecosystem structure and function or irreversibly damage the soil surface, use biocides, change the water regime or carry out landscaping of a significant scale,
  2. introduce intensive game farming, such as fields, farms, pheasants;
  3. organise off-road bicycle competitions, local roads and places reserved with the consent of the nature protection authority.

3. National Nature Reserve

The following shall be prohibited throughout the national nature reserves:
  1. manage land in a way that requires intensive technologies, in particular means and activities that can cause changes in biodiversity, ecosystem structure and function or irreversibly damage the soil surface, carry out chemistry, water regime change and landscaping;
  2. permitting and locating buildings,
  3. extract minerals and humolites,
  4. enter and enter off roads marked with the consent of the nature protection authority, except owners and tenants of land, persons providing forest and agricultural management, state defence and state border protection, fire protection, health and veterinary services, in the performance of this activity,
  5. authorise or carry out the deliberate distribution of alien species of flora and fauna and alien and locally absent species in aquaculture;
  6. Climbing, parachuting and hang gliding and cycling off roads, local roads and places reserved by the Nature Conservation Authority;
  7. introduce intensive game farming, such as fields, farms and pheasants, and use poisoned baits in the exercise of hunting rights;
  8. enter motor vehicles, except government vehicles, vehicles needed for forest and agricultural management, state defence and state border protection, fire protection, health and veterinary services,
  9. collect or capture plants and animals, except in the cases referred to in Section 30,
  10. camp and make fires outside the areas reserved by the nature conservation authority;
  11. change the preserved natural environment in violation of the detailed conditions of protection of the national nature reserve.

4. Nature Reserves

The following shall be prohibited throughout the territory of the nature reserves:
  1. manage land in a way that requires intensive technologies, in particular means and activities that can cause changes in biodiversity, ecosystem structure and function or irreversibly damage the soil surface;
  2. use biocides,
  3. permitting and locating new buildings,
  4. authorise or carry out the deliberate distribution of alien species of flora and fauna and alien and locally absent species in aquaculture;
  5. collect or capture plants and animals, except for the exercise of the right of hunting and fishing or the collection of berries,
  6. change the preserved natural environment in violation of the closer conditions of protection of the nature reserve.
The competent authority may restrict the exercise of the right of hunting and fishing if such exercise is contrary to the conditions for the protection of the territory of a nature reserve (St. Section 34(2) of the Nature and Landscape Protection Act).

5. National Natural Monument

The following shall be prohibited throughout the territory of national natural monuments: alteration or deterioration of national natural monuments and their economic exploitation, where this would risk damaging them.

6. Natural monument

Throughout the territory of natural monuments, the following are prohibited: alteration or deterioration of natural monuments or their economic exploitation leading to their deterioration.

This applies to you if

You intend to carry out one of the activities that is prohibited in a specially protected area (or part thereof) by the Nature and Landscape Protection Act.

When to use this service

At any time of the year.

This is a prior consent, which must be requested well in advance, i.e. at least 60 days (we recommend 90 days) before the planned implementation.

Vyřízení služby - elektronicky

What you need if you are using this service

You must provide the Nature Conservation Authority with a free-form application containing the following elements:

  • your full identification - name, surname, date of birth and place of permanent residence, or another address for service, or the name, ID number and address of the registered office, if you are applying as an entrepreneur,
  • power of attorney if you are represented (e.g. by a design company);
  • the designation of the nature protection authority to which it is addressed;
  • it must show that you are applying for authorisation to derogate from the basic conservation conditions of SPAs;
  • it must sufficiently specify the project for which you are requesting an opinion (e.g. in the case of construction projects, you will attach project documentation); and
  • your signature.

Where and how to solve this service

You can send a request for exemption via the data box to the locally competent nature protection authority in whose territorial district you intend to implement the project.

Competent nature protection authorities by territory:

National parks and their protection zones - here you announce to the National Park Administration.

  • here is the contact to the National Park Administration Czech Switzerland
  • here is the contact to the Administration of the Krkonoše National Park
  • here is the contact to the Podyjí National Park Administration
  • here is the contact to the Šumava National Park Administration

Protected landscape areas - here you notify the Nature Conservation Agency of the Czech Republic, or its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

National natural monuments, national nature reserves and their protection zones - here you notify the Nature Conservation Agency of the Czech Republic, or its regional workplace. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Nature reserves and natural monuments and their protection zones (outside the Protected Landscape Area – PLA) – here you notify the Regional Authority. Contacts for individual regional authorities can be found on the Public Administration Portal.

Nature reserves and natural monuments and their protection zones (in the Protected Landscape Area – PLA) – here you notify the Nature Conservation Agency of the Czech Republic, or its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Military uyezds – here you notify the uyezd office.

  • here is the contact to the Újezdní úřad Boletice
  • here is the contact to the Újezdní úřad Březina
  • here is the contact to Újezdní úřad Hradiště
  • here is the contact to Újezdní úřad Libavá

How much will you pay

None

Vyřízení služby - osobně

What you need if you are using this service

You must provide the Nature Conservation Authority with a free-form application containing the following elements:

  • your full identification - name, surname, date of birth and place of permanent residence, or another address for service, or the name, ID number and address of the registered office, if you are applying as an entrepreneur,
  • power of attorney if you are represented (e.g. by a design company);
  • the designation of the nature protection authority to which it is addressed;
  • it must show that you are applying for authorisation to derogate from the basic conservation conditions of SPAs;
  • it must sufficiently specify the project for which you are requesting an opinion (e.g. in the case of construction projects, you will attach project documentation); and
  • your signature.

Where and how to solve this service

You can submit an application for a derogation in person or by post to the locally competent nature protection authority in whose territorial area you intend to implement the project.

Competent nature protection authorities by territory:

National parks and their protection zones - here you announce to the National Park Administration.

  • here is the contact to the National Park Administration Czech Switzerland
  • here is the contact to the Administration of the Krkonoše National Park
  • here is the contact to the Podyjí National Park Administration
  • here is the contact to the Šumava National Park Administration

Protected landscape areas - here you notify the Nature Conservation Agency of the Czech Republic, or its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

National natural monuments, national nature reserves and their protection zones - here you notify the Nature Conservation Agency of the Czech Republic, or its regional workplace. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Nature reserves and natural monuments and their protection zones (outside the Protected Landscape Area – PLA) – here you notify the Regional Authority. Contacts for individual regional authorities can be found on this website.

Nature reserves and natural monuments and their protection zones (in the Protected Landscape Area – PLA) – here you notify the Nature Conservation Agency of the Czech Republic, or its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Military uyezds – here you notify the uyezd office.

  • here is the contact to the Újezdní úřad Boletice
  • here is the contact to the Újezdní úřad Březina
  • here is the contact to Újezdní úřad Hradiště
  • here is the contact to Újezdní úřad Libavá

How much will you pay

None

Additional information

What is the benefit of this service

In the event of a positive decision on your application, you can carry out specified activities in the SPA in the decision, which are otherwise prohibited in the SPA.

Appeal options

If you do not agree with the outcome of the procedure on your request for exemption, you can appeal against the decision issued therein to a superior administrative authority, through the nature protection authority that conducted the procedure and issued the decision.

Sanctions

For carrying out an activity in a specially protected area prohibited without the valid consent of the nature protection authority, you are at risk of:

  • as a natural person, penalties of up to CZK 100,000,
  • as a legal and entrepreneurial natural person up to CZK 2 million.

Frequently asked questions

Where can I find out whether the land on which I intend to carry out an activity is located in a special protection area and, therefore, whether that activity may be subject to any prohibition arising from the status of a special protection area?

The map display of specially protected areas is publicly available in the Digital Register of the Central List of Nature Conservation maintained by the Nature Conservation Agency of the Czech Republic (link here).

However, it is not possible to project cadastral maps with land demarcation here, so you need to know approximately where the land on which you intend to operate is located.