Omgevingsverordening Noord-Brabant – Provincial Environmental Ordinance
The Omgevingsverordening Noord-Brabant is a comprehensive regulatory instrument issued by the Province of Noord-Brabant, Netherlands, effective from September 20, 2025. It serves as the provincial implementation of the national Omgevingswet (Environment Act) and is designed to execute the goals set forth in the provincial vision document De Kwaliteit van Brabant. This ordinance establishes a legally binding framework of environmental values, directly applicable rules for citizens and businesses, and instruction rules for municipal authorities and water boards.
The document governs multiple regulatory domains including groundwater protection, water safety, nature conservation (Natuur Netwerk Brabant), sustainable energy development, and livestock farming regulations. It details specific structural elements such as Omgevingswaarden (Environmental Values) for water flooding probabilities, Rechtstreeks werkende regels (Directly Active Rules) for activities like soil energy systems and water extraction, and Instructieregels (Instruction Rules) that dictate how municipalities must formulate their local environmental plans (omgevingsplannen). Key focus areas include the preservation of drinking water resources in designated Waterwingebieden and the enforcement of the stalderen policy for livestock growth management.
By defining clear technical thresholds and procedural requirements, the ordinance provides the mandatory standards for spatial development and environmental protection across the province. The following sections detail the core regulatory components regarding water, nature, agriculture, and infrastructure compliance.
Environmental Values and Water Safety
Chapter 2 defines the mandatory Omgevingswaarden for water safety and flooding prevention, establishing exceedance probabilities that regional water systems must accommodate.
- Regional Water Defense: Safety standards for dikes are defined as an annual exceedance probability of the highest high-water level.
- Urban Flooding Standards: Areas designated for housing or main infrastructure must have an inundation risk no higher than 1/100 per year, or 1/150 for specific areas like HoWaBo.
- Extra-urban Standards: Flooding risks are graduated by land use: 1/100 for main infrastructure, 1/50 for greenhouse horticulture, 1/25 for arable farming, and 1/10 for grassland.
Groundwater and Soil Energy Systems
The ordinance contains strict prohibitions and technical requirements for activities impacting the deep subsoil and groundwater quality under Chapter 3.
- Hydrocarbon Extraction: A total prohibition is established for the unconventional winning of hydrocarbons (fracking) within the province.
- Closed Soil Energy Systems: Drill depth is limited to the Maximum boordiepte specified per location; only water, potassium carbonate, or monopropylene glycol without additives may be used as circulation fluid.
- Open Soil Energy Systems: Generally permitted up to a depth of 80 meters or the specified Maximum boordiepte, subject to a maximum extraction rate of 10 m³ per hour in non-sensitive zones.
- PFAS Regulations: Application of soil or dredging sludge in Waterwingebieden must meet specific PFAS limits, often defaulting to a detection limit of 0.1 µg/kg d.s. for external material.
Nature Conservation and Compensation
Protection of the Natuur Netwerk Brabant (NNB) is enforced through instruction rules in Chapter 5, requiring strict compensation for any ecological loss.
- Nature Compensation Ratios: Area surcharges are based on the development time of the nature type: no surcharge for <5 years, 1/3 extra area for 5-25 years, and 2/3 extra area for 25-100 years.
- Ecological Connection Zones: Minimum widths are established at 50 meters in urban-oriented areas and 25 meters in other regions.
- Silence Areas (Stiltegebieden): A target value of 40 dB(A) is set, with an attention zone limit of 50 dB(A) for external activities like events.
Livestock Farming and Stalderen
Livestock expansion is governed by the stalderen system and the Brabantse Zorgvuldigheidsscore Veehouderij (BZV) to manage nitrogen and odor impacts.
- Stalderen Requirement: Expansion of animal housing for intensive livestock is only permitted if at least 120% of the equivalent area is demolished elsewhere (or 200% via a change in use).
- Odor Thresholds: Cumulative odor nuisance may not exceed 12% in urban contours and 20% in rural areas for new developments.
- Goat Farming Moratorium: A temporary ban exists on new goat farms or the expansion of existing goat housing surfaces.
- Mandatory Housing Standards: Technical requirements for low-emission housing systems are detailed in Bijlage VI.
Sustainable Energy and Infrastructure
Instruction rules for wind and solar energy prioritize landscape quality and spatial efficiency.
- Wind Turbines: In the Landelijk gebied, wind turbines are only permitted in clusters of at least three, with a maximum temporary permit duration of 25 years.
- Solar Parks: Projects must follow the zonneladder (sun ladder), prioritizing roofs and brownfields before considering agricultural land.
- Provincial Roads: Direct rules apply to activities near provincial roads, including mandatory safety distances for monuments and specific permits for road connections.
Frequently Asked Questions
What are the nature compensation ratios in Noord-Brabant?
Compensation is based on nature development time: no surcharge for nature developing within 5 years, 1/3 extra area for 5-25 years, and 2/3 extra area for nature taking 25-100 years to mature.
Is fracking allowed in the province of Noord-Brabant?
No, Article 3.12 of the ordinance explicitly prohibits the unconventional winning of hydrocarbons, including shale gas extraction.
What is the 'stalderen' rule for livestock housing?
Expansion of housing for certain animals is only allowed if 120% of the newly built area is demolished from existing livestock buildings within designated regions, or 200% if the existing building is repurposed rather than demolished.
What are the noise limits for Stiltegebieden (Silence Areas)?
The target value within a Stiltegebied is 40 dB(A) LAeq, 24h. In the surrounding attention zones, the limit for activities like events is 50 dB(A) measured at the border of the silence area.
What are the rules for solar parks on agricultural land?
Solar parks are only permitted if the 'sun ladder' is applied, proving that capacity cannot be met on roofs or within existing urban boundaries, and they must often involve multi-functional land use.
What is the maximum depth for a closed soil energy system?
The maximum depth is determined locally as the 'Maximum boordiepte' to prevent piercing protective clay layers, typically restricted to the first aquifer above the relevant clay layer.
