Bodenschutzgesetz

The Bodenschutzgesetz, commonly referred to as BBodSchG, is a German federal law dedicated to soil protection. It was enacted in 1998 and has been in force since 1999. The law provides the framework to preserve soils as a finite natural resource, maintain their functions (such as water purification, habitat provision and agricultural productivity), and prevent or remediate soil contamination. It also ties soil protection to groundwater and surface water protection.

The act aims to prevent soil contamination, minimize soil degradation, and ensure the sustainable use of land. It covers activities in industry, agriculture and construction that could affect soils, and it addresses both the avoidance of new contamination and the handling of existing problems. A central focus is the remediation of contaminated sites (Altlasten) and the obligations of polluters or site operators to investigate soil conditions and take necessary remedial actions.

Key instruments include general obligations on preventing soil contamination, requirements to conduct soil investigations before major land-use or construction projects, and the duty to document and report soil conditions. The BBodSchG is complemented by the Bundes-Bodenschutz- und Altlastenverordnung (BBodSchV), which specifies concrete procedures for soil investigations, classification of contaminated sites, remediation standards, and related documentation.

Administration and enforcement are federal in origin, but implementation is primarily carried out by the Länder (states) through their environmental authorities. The law interacts with related environmental regulations and EU directives, forming the legal basis for soil protection in planning, construction, land management, and the remediation of brownfields in Germany.