Omgevingsverordening Overijssel – Provincial Environmental and Spatial Ordinance
The Omgevingsverordening Overijssel is a formal statute issued by the Province of Overijssel, Netherlands, functioning within the national framework of the Omgevingswet (Environment Act). This version is effective from May 1, 2025. It serves as the legal instrument to implement the provincial Omgevingsvisie (Environmental Vision), establishing binding regulations for the physical environment, including spatial planning, water management, and environmental protection.
The scope of this ordinance encompasses the entire province of Overijssel, governing activities that impact the physical surroundings. It defines specific omgevingswaarden (environmental values) for water safety and flooding risks, alongside instructieregels (instruction rules) that municipalities must integrate into their local omgevingsplannen (environmental plans). Key regulatory domains include the protection of grondwaterbeschermingszones (groundwater protection zones), the management of the Natuurnetwerk Nederland (National Nature Network), and restrictions on agricultural developments such as the geitenstop (goat farm moratorium).
This document provides the technical thresholds, permit procedures, and notification requirements necessary for professionals in architecture, engineering, and spatial planning to ensure project alignment with provincial interests.
Environmental Values and Flood Protection
Chapter 2 establishes legal standards for water safety and flooding risks. These values represent a result-oriented obligation for regional water barriers and a best-effort obligation for preventing water nuisance.
- Regional Water Barriers: Safety levels for specific dike sections as specified in Bijlage III.
- Built-up Areas: A maximum flood probability of 1/100 per year for locations with buildings and primary infrastructure.
- Agricultural Areas: Varying flood risks ranging from 1/50 per year for greenhouse horticulture to 1/10 per year for standard grassland.
- Specific Polders: Deviating standards apply to areas such as the veenweidegebieden (peat meadow areas) around the Weerribben (1/10 per year).
Mandatory Rules for Activities
Chapter 3 contains directly applicable rules for specific activities, ranging from public health to landscape preservation.
- Swimming Locations: Owners of zwemwaterlocaties must perform daily assessments and maintain records for at least 2 years. They must meet safety requirements regarding slopes (max 20%) and diving facilities.
- Goat Farming (Geitenstop): A prohibition on establishing or expanding geitenhouderijen is enforced to protect public health, pending further national research into respiratory illnesses.
- Timber Stands (Houtopstanden): Notifications for felling trees must be submitted between 6 weeks and 1 year prior to the activity. Herbeplanting (replanting) is mandatory, typically on the same site, and must achieve a closed canopy within 5 to 10 years.
Groundwater and Soil Protection
The ordinance strictly regulates activities in waterwingebieden (water extraction areas) and grondwaterbeschermingszones to secure the quality of drinking water.
- Prohibited Substances: It is forbidden to use or transport schadelijke stoffen (harmful substances) within extraction areas, with narrow exceptions for water utilities.
- Mechanical Interventions: Deep drilling or mechanical soil disturbances below 2 meters in protection zones require notification or permits depending on the specific zone depth (e.g., 50m in Diepenveen).
- Soil Energy Systems: The installation of bodemenergiesystemen is generally prohibited in the most sensitive groundwater zones.
Nature Network and Spatial Quality
Spatial developments must respect the Natuurnetwerk Nederland (NNN) and provincial landscape characteristics defined in the Catalogus Gebiedskenmerken.
- NNN Protection: New developments are prohibited if they significantly affect the essential characteristics or area of the NNN, unless specific compensation rules are met.
- Spatial Quality: Projects must be motivated through the vier-lagenbenadering (four-layer approach) to ensure harmony with natural, agricultural, and urban landscape layers.
- National Landscapes: Special rules apply to IJsseldelta and Noordoost-Twente to preserve their specific core qualities.
Infrastructure and Mobility
Rules for provincial roads and waterways ensure traffic safety and the efficiency of the transport network.
- Access Roads (Uitwegen): Permits are required for establishing or modifying connections to provincial roads, subject to strict sightline and safety criteria.
- Cables and Pipes: Regulations specify minimum burial depths (e.g., 0.8m for electricity cables) and distances from the road surface to prevent damage during maintenance.
- Twente Airport: Chapter 7 functions as the Luchthavenbesluit, establishing noise contours and height restrictions for surrounding developments.
Frequently Asked Questions
What is the geitenstop in Overijssel?
It is a temporary prohibition on establishing new goat farms or expanding existing ones, implemented as a precautionary measure to protect the health of residents near these farms.
How far in advance must a tree felling notification be submitted?
A notification for felling timber stands must be submitted at least 6 weeks but no more than 1 year before the activity begins.
What are the flood risk standards for new buildings?
Within built-up areas, the province sets an environmental value of a 1/100 average annual probability of flooding for locations containing buildings.
Are soil energy systems allowed in groundwater protection zones?
They are generally prohibited in grondwaterbeschermingszones and specific boringsvrije zones unless it is proven that they do not reach the protected water-bearing layers.
What is the Overijsselse Ladder for sustainable urbanization?
It is a policy instrument used in environmental plans to prioritize urban concentration, requiring municipalities to prove that new developments meet local or regional needs and cannot be accommodated within existing built-up areas.
How long must assessment reports for swimming water be retained?
The holder of a swimming water location is required to keep assessment reports for at least 2 years.
