Code of Conduct for activities that may harm plants or animals

Will you carry out work that could harm (protected) plants and animals? If so, you may need an environment and planning permit, unless you work according to an approved code of conduct.

Check if you need an environment and planning permit

Do you think your activity could harm plants and animals? These are called flora and fauna activities under the Environment and Planning Act (in Dutch). If your activities are indeed harmful, you will almost always need an environment and planning permit.

There are many activities that can have a negative impact on plants or animals. For example:

• building or demolishing houses or roads
• placing wind turbines
• conducting research on plants or animals

To find out if you need an environment and planning permit, you should:

• check whether protected species are present
• check whether your activity causes harm
• take measures to prevent damage
• check if you can use a code of conduct for recurring or predictable activities

You can also follow the Netherlands Enterprise Agency’s (Rijksdienst voor Ondernemend Nederland, RVO) step-by-step guide for flora and fauna activities (in Dutch), or do the permit check in the Environment and Planning Portal (Omgevingsloket, in Dutch).

Have an environment expert carry out research

When you wish to apply for the environment and planning permit, you must engage an environmental expert (in Dutch). They will, among other things:

• assess if there are protected plants or animals at the site of your activities
• advise how you can prevent damage to these animals and plants
• assist with possible ways to carry out your activities to prevent negative consequences

You can find an environmental expert through an environmental consulting firm.

Can you work with a code of conduct?

You do not need an environment and planning permit if you work according to a designated and approved code of conduct (in Dutch). Such a code of conduct sets out how you should work to prevent damage to plants and animals. Do you want to use an existing code of conduct? If so, you must first check if this is allowed. The code of conduct specifies who may use it and how the work must be carried out.

If your work can have a serious impact on the habitats of animals and plants, you have a duty to provide information (in Dutch). You must inform the competent authority at least 4 weeks in advance. This is usually the province where you carry out activities. The code of conduct specifies which activities require this notification.

Organisations can also draw up a new code of conduct themselves (in Dutch). To do so, always contact RVO first. RVO assesses the codes of conduct.

Comply with the Environment and Planning Act

You must comply with the national and provincial rules for flora and fauna activities in the Environment and Planning Act (in Dutch). For example, you must:

• investigate the negative consequences of your activities for animals and plants
• take measures to prevent or remedy those consequences
• immediately warn the authorities if something unexpectedly goes wrong

You may also need other permits. For example, a permit for building, demolition, or felling trees. Do the permit check in the Environment and Planning Portal (in Dutch). In the Omgevingsloket you can apply for all permits at once.