Zuid-Hollandse Omgevingsverordening – South Holland Provincial Environmental Ordinance
The Zuid-Hollandse Omgevingsverordening (South Holland Environmental Ordinance) is a comprehensive provincial statute issued by the Provincie Zuid-Holland in the Netherlands. Established under the framework of the national Omgevingswet (Environment Act), this version is valid from July 1, 2025. It serves as the primary legal instrument for managing the physical living environment within provincial borders, integrating previous separate ordinances regarding the environment, water, and spatial planning into a single regulatory structure.
The ordinance governs a wide range of regulatory domains including water safety, groundwater protection, silence areas (stiltegebieden), infrastructure management for provincial roads and waterways, and the preservation of spatial quality and cultural heritage. It designates specific zones through geometric boundaries defined in Bijlage II, such as the Natuurnetwerk Nederland (NNN), World Heritage sites (the Dutch Water Lines and Lower Germanic Limes), and windmill biotopes (molenbiotopen). The document is structured into 15 chapters, covering general provisions, regulated activities, maintenance obligations, environmental values (omgevingswaarden), and instruction rules for municipal planning.
Professional users can reference specific chapters for technical thresholds and permit requirements, such as Hoofdstuk 3 for activities in the physical environment and Hoofdstuk 7 for instruction rules that municipalities must incorporate into their local environmental plans (omgevingsplannen).
Designation of Regulated Locations
Hoofdstuk 2 specifies the geometric boundaries for areas where the province exercises specific tasks. These designations are critical for zoning and activity permits.
- Stiltegebieden: Locations where silence is protected, with boundaries set in Bijlage II.
- Grondwaterbeschermingsgebieden: Divided into water extraction areas (waterwingebieden), groundwater protection zones, and drilling-free zones (boringsvrije zones).
- Natuurnetwerk Nederland (NNN): Includes existing and new nature areas, ecological connections, and specific sites like Buijtenland van Rhoon.
- Provincial Infrastructure: Covers both provincial roads and waterways, including safety zones and protection areas (beperkingengebieden).
Regulated Activities and Permit Procedures
Hoofdstuk 3 outlines the rules for performing activities that impact the physical environment. It details when an omgevingsvergunning (environmental permit) is required and specifies notification (melding) requirements.
- Silence Areas: Permits are required for using noise-generating devices, motorized vehicles outside public roads, or sailing faster than 9 km/h (Art 3.16).
- Groundwater Protection: Stringent prohibitions apply to activities that affect soil layers, such as excavations deeper than 2.5m in water extraction areas or 4m in protection zones (Art 3.27).
- Soil Remediation: Procedures for groundwater remediation must follow signaling parameters defined in Bijlage III (Art 3.131).
- Infrastructure: Specific rules for activities near provincial roads and waterways to prevent damage or safety risks.
Environmental Values and Water Safety
Hoofdstuk 5 establishes omgevingswaarden (environmental values) that the province must maintain, primarily focused on flood defense and water management.
- Regional Flood Defenses: Safety standards for non-primary dikes are determined by annual exceedance probabilities set in Bijlage II (Art 5.3).
- Flood Probability: Sets targets for flooding frequency based on land use; for example, 1/100 per year for urban infrastructure and 1/10 per year for certain other functions (Art 5.8).
- Water Shortage Hierarchy: Art 7.6 defines the priority order for water distribution during shortages, prioritizing safety, vital processes, and capital-intensive crops.
Instruction Rules for Municipal Plans
Hoofdstuk 7 provides binding instructions for municipalities to follow when drafting or amending their local omgevingsplannen.
- External Safety: Defines risk areas around industrial clusters and transport routes for hazardous substances (Art 7.16).
- Housing Standards: Establishes a maximum parking norm of 0.7 spaces per dwelling in station environments (Art 7.45e) and requirements for affordable housing percentages (Art 7.47b).
- Goat Farming: Prohibits the establishment of new or expansion of existing goat farms to protect public health (Art 3.226).
- Energy Transition: Limits the placement of wind turbines to designated locations and sets standards for solar fields (zonnevelden).
Frequently Asked Questions
What is the maximum parking norm for new housing near railway stations in South Holland?
According to Article 7.45e, municipalities must apply a parking norm of at most 0.7 parking spaces per dwelling for new housing projects within designated station environments.
Is goat farming allowed to expand under the new ordinance?
No, Article 3.226 prohibits the establishment of new goat farms and the expansion of existing ones, including using existing buildings for increased goat numbers, until a final municipal plan incorporates specific protective health rules.
When is an environmental permit required for activities in a silence area?
Under Article 3.16, a permit is required for activities that disturb natural sounds, such as using motorized vehicles off-road, organized motor tours, or operating watercraft faster than 9 km/h.
What are the depth limits for excavation in groundwater protection zones?
Article 3.27 and 3.29 specify that excavations are generally prohibited or require notification if they exceed 2.5 meters in water extraction areas or 4 meters in groundwater protection zones.
How are regional flood defenses categorized for safety purposes?
Regional defenses are categorized into five classes (I to V) with annual exceedance probabilities ranging from 1/10 to 1/1,000, based on potential economic damage from failure (Article 5.3).
What rules apply to tree felling and replanting in Zuid-Holland?
Paragraph 3.9.2 mandates a notification for felling at least four weeks in advance and sets a strict replanting obligation (herbeplantingsplicht) requiring an equal area of forest to be restored (Art 3.197).
