Vlaggenmasten Memo – Bloemendaal Municipal Flagpole Policy and Regulations
This official memo, issued by the Gemeente Bloemendaal on June 2, 2009, provides the regulatory framework and policy guidelines for the placement of flagpoles within the municipality. Drafted for the Commissie Grondgebied, the document addresses the legal requirements for building permits, zoning plan compliance, and aesthetic standards. It serves as a precursor to a formal policy note, initiated following a specific application for multiple flagpoles at a local hockey club and subsequent motions in the municipal council.
The document delineates the transition between permit-exempt, light permit, and regular permit structures based on height and location. It references the Woningwet (Articles 40 and 44), the Besluit bouwvergunningsvrije/licht-bouwvergunningplichtige bouwwerken, and specific zoning plans such as Bestemmingsplan Bennebroek 2006. The scope covers both commercial and non-commercial flagpoles at residential properties, sports fields, campsites, churches, and public buildings.
Included within the text are technical specifications for flagpole dimensions, material colors, and alignment with the Welstandsnota (Aesthetic Standards). The memo also details the enforcement procedures for illegal installations and the criteria used by the building committee for rapid assessment of applications.
Legal Framework and Permit Thresholds
The permit requirement for flagpoles is primarily determined by their height and classification as either tuinmeubilair (garden furniture) or a bouwwerk, geen gebouw zijnde (non-building structure).
- Up to 2 meters: Classified as garden furniture and generally permit-exempt at residential dwellings under Artikel 3 of the relevant decree.
- Between 2 and 5 meters: Classified as light permit-required structures.
- Exceeding 5 meters: Classified as regular permit-required structures, requiring full assessment against the Bouwbesluit and Bouwverordening.
Zoning Plan and Height Restrictions
Most zoning plans in Bloemendaal limit non-building structures to a maximum height of 3 meters. Any flagpole exceeding this limit requires a formal waiver (ontheffing) due to conflict with the Bestemmingsplan.
- Bestemmingsplan Bennebroek 2006: A specific exception where flagpoles and antennas are permitted up to a maximum height of 5.00 meters under Artikel 3, lid 1h.
- Proposed Policy Height: The municipality considers a maximum height of 6 meters acceptable for residential areas, provided it remains in proportion to the main building (not exceeding the gutter height or 80% of the ridge height).
Aesthetic Standards (Welstand Sneltoetscriteria)
To avoid referral to the full Welstandscommissie, applications must meet specific sneltoetscriteria (rapid assessment criteria) regarding appearance and placement.
- Form: Only vertical, slender flagpoles are permitted; horizontal or oversized structures are prohibited.
- Materials and Color: Poles must be white or a dark color; signal colors or bright, neon colors are not permitted.
- Content: Only standard flags and banners (banieren) are allowed; large cloth banners (spandoeken) are excluded from these criteria.
- Proportion: The size of the flag must be in balanced proportion to the height of the mast.
Commercial vs. Non-Commercial Usage
The memo distinguishes between flagpoles used for commercial purposes and those intended for official holidays or private use.
- Residential: Maximum of 1 flagpole permitted for non-commercial use.
- Sports Fields and Campsites: Up to 5 flagpoles are generally acceptable, with a maximum of 3 commercial flagpoles allowed near clubhouses or main buildings.
- Public Buildings and Churches: A maximum of 3 flagpoles is permitted for non-commercial purposes.
Enforcement and Legalization
The Gemeente Bloemendaal employs a three-step enforcement plan (handhaving) for flagpoles that do not comply with the established policy.
- Step 1: Issuance of a notification letter (constateringbrief) requesting the termination of the violation.
- Step 2: Pre-announcement of an administrative enforcement order (vooraankondigingsbrief bestuursdwang).
- Step 3: Final administrative decision involving a penalty payment (dwangsom) or direct enforcement action (bestuursdwang).
Frequently Asked Questions
Is a permit required for a flagpole under 2 meters in Bloemendaal?
No, flagpoles up to 2 meters at a residence are classified as garden furniture and are permit-exempt according to the legal framework cited in the memo.
What is the maximum allowed height for a flagpole at a residence?
While zoning plans often limit structures to 3 meters, the policy considers 6 meters acceptable if it is proportional to the house height and does not exceed the gutter line.
Are bright or neon colors allowed for flagpoles?
No, the aesthetic criteria (sneltoetscriteria) state that flagpoles must be white or a dark color; signal and bright colors are prohibited.
How many flagpoles can a sports field have?
A maximum of 5 flagpoles is considered acceptable for sports fields, with specific limits of 3 poles near clubhouses.
What happens if a flagpole is installed without a permit?
The municipality follows a three-step enforcement process, which can result in a penalty payment (dwangsom) or the forced removal of the pole (bestuursdwang).
Are advertising banners allowed on flagpoles?
Standard banners (banieren) are permitted, but large advertising cloths (spandoeken) are not covered by the rapid assessment criteria.
Does the Bennebroek 2006 zoning plan have different rules?
Yes, it specifically allows flagpoles and antennas up to 5.00 meters, which is higher than the standard 3-meter limit in other local zoning plans.
