Best Natural Resources Lawyers in Ommen

About Natural Resources Law in Ommen, Netherlands

Natural resources law in Ommen sits within the broader Dutch framework that governs land, water, soil, subsurface resources, and biodiversity. Ommen lies in the Vechtdal area of the province of Overijssel, where riverine landscapes, Natura 2000 habitats, agricultural lands, forests, groundwater bodies, and sand and clay deposits are common. Activities such as farming, construction, landscaping, tree felling, groundwater abstraction, sand extraction, dredging, and energy projects must align with national and provincial rules, as well as local municipal and water authority requirements.

As of 1 January 2024, the Environment and Planning Act - Omgevingswet - integrates many spatial and environmental rules into one system. It works alongside specific legislation such as the Nature Conservation Act - Wet natuurbescherming - for protected areas and species, the Mining Act - Mijnbouwwet - for subsurface resources including geothermal energy, and water authority regulations. For residents and businesses in Ommen, this means most permits and notifications are requested through the national online portal known as the Omgevingsloket, while decisions are taken by the competent authority such as the Municipality of Ommen, the Province of Overijssel, the local water authority, or Rijkswaterstaat for main waterways.

Why You May Need a Lawyer

You may benefit from a natural resources lawyer in situations such as applying for an environmental or nature permit for construction or expansion near sensitive habitats, assessing nitrogen deposition effects on the nearby Natura 2000 site Vecht en Beneden Reggegebied, creating or deepening a pond, building a jetty, reinforcing a bank, or dredging near the River Vecht, siting or expanding livestock operations that may require an appropriate assessment for protected areas, obtaining or changing a groundwater abstraction permit for irrigation or industry, planning tree felling, replanting, or forest management that triggers notification or permit duties, developing sand or clay extraction, soil relocation, or remediation plans, installing open or closed loop geothermal systems or other subsurface activities under the Mining Act and water rules, negotiating land use, easements, and access with public authorities or neighbors, responding to inspections, enforcement notices, or administrative fines, and lodging objections or appeals within tight legal deadlines. A specialist can map out the correct permits, coordinate studies such as AERIUS nitrogen calculations, environmental impact assessments, and ecology surveys, and represent you in talks with the authorities and in court if needed.

Local Laws Overview

Omgevingswet - This act consolidates rules for environmental permitting, spatial planning, and many sectoral activities. It is implemented through four key instruments: the Environmental Decision - omgevingsvergunning, the Municipal Environment Plan - omgevingsplan, the Environment and Planning Decree - Omgevingsbesluit, the Activities Decree - Besluit activiteiten leefomgeving - Bal, the Quality of the Living Environment Decree - Besluit kwaliteit leefomgeving - Bkl, and the Environment Regulation - Omgevingsregeling. Most project applications in Ommen are filed through the Omgevingsloket. The regular decision period is generally 8 weeks, extendable by 6 weeks, while larger projects follow an extensive procedure.

Wet natuurbescherming - The Nature Conservation Act protects Natura 2000 areas, species, and forests. Many projects require a nature permit if there is a potential significant effect on protected habitats, often assessed using the AERIUS Calculator for nitrogen deposition. Forestry activities can trigger a notification duty and replanting obligations. The Province of Overijssel is usually the competent authority for nature permits and enforcement.

Water management - The local water authority in the Ommen area is Waterschap Vechtstromen. It manages regional water systems, water quality, and flood defenses. Its Waterschapsverordening sets duties for works in or near watercourses, banks, and water infrastructure. A water permit may be required for structures like jetties, bank protection, culverts, weirs, or for dredging and discharges. Rijkswaterstaat is the manager for national waters and river sections of national importance, where additional rules may apply.

Groundwater and soil - Groundwater abstraction and infiltration can require a provincial or water authority permit depending on purpose and volume. Soil movement, remediation, and building on potentially contaminated land are regulated under the Omgevingswet framework, including the Bal and Bkl, and often require a soil investigation before works start. PFAS and other contaminants are subject to strict threshold values.

Municipal rules - The Municipality of Ommen sets local conditions in the omgevingsplan and may require an environmental decision for construction, tree removal on municipal grounds or within designated areas, and activities affecting the local living environment. A pre-application consultation can identify conflicts early.

Mining and subsurface - The Mijnbouwwet governs exploration and production of oil, gas, salt, and deep geothermal energy. Open loop geothermal systems also intersect with water law. The Ministry of Economic Affairs and Climate Policy grants mining consents, with supervision by Staatstoezicht op de Mijnen, while spatial and environmental aspects still pass through the Omgevingswet system.

Environmental assessment - The Dutch m.e.r. regime continues under the Omgevingswet. Some projects require an environmental impact assessment or a screening decision. Natura 2000 appropriate assessments are separate but can be coordinated.

Procedures and participation - Many decisions are published and open to public input. After a decision, you generally have 6 weeks to file an objection - bezwaar - or appeal - beroep. Missing these deadlines can end your legal options, so timely action is essential.

Frequently Asked Questions

Do I need a permit to build a jetty or reinforce a riverbank in Ommen

Often yes. Works in or near water bodies typically require a water permit from Waterschap Vechtstromen. If the structure is on a national waterway or affects a flood defense, Rijkswaterstaat rules may also apply. In addition, you may need an environmental decision from the municipality. Always check via the Omgevingsloket before starting.

How do I know if my project affects a Natura 2000 area near Ommen

The Vecht en Beneden Reggegebied Natura 2000 site lies close to and within parts of Ommen. A nature impact screening is usually required. For nitrogen deposition, authorities use the AERIUS Calculator to assess significance. If significant effects cannot be ruled out, a nature permit and appropriate assessment are needed. The Province of Overijssel decides on these permits.

What is the Omgevingswet and how does it change permitting

The Omgevingswet integrates most environmental and planning rules into one system. Instead of multiple separate permits, you often apply once for an environmental decision that covers construction, environmental activities, and some water related works. It also coordinates with nature permits under the Wet natuurbescherming. Applications are filed through the Omgevingsloket.

Can I drill a groundwater well for irrigation on my land

Possibly, but you may need a permit or to meet notification requirements depending on the extraction volume, depth, and purpose. Overijssel sets specific rules for groundwater to protect supplies and nature. Consult the water authority and provincial rules in advance, and include a hydrogeological assessment if requested.

Do I need permission to cut trees or manage my forest

Tree felling can trigger local permits under the municipal omgevingsplan and national duties under the Wet natuurbescherming for forest areas, including notification and replant obligations. If protected species or nesting seasons are involved, timing and mitigation measures are important. Check both municipal and provincial requirements.

I want to expand a livestock barn. What should I consider

Beyond building and environmental rules, you must address nitrogen deposition on nearby Natura 2000 sites. An AERIUS calculation is typically required. If there is a likely significant effect, you will need a nature permit and appropriate assessment, and you may need to secure emissions reductions or mitigation.

Who is responsible for dredging and can I do it myself

The water authority manages regional watercourses and sets maintenance responsibilities. Private waterfront owners sometimes maintain small sections, but dredging usually requires a water permit and ecological screening. In navigable national waters, Rijkswaterstaat is the manager and its rules apply.

When is an environmental impact assessment required

Projects listed in the m.e.r. schedules or those likely to have significant effects may require a full EIA or a screening decision. Examples include large livestock installations, significant sand extraction, and major infrastructure. The competent authority will confirm the need during a pre-application or screening phase.

What happens if I start work without the right permit in Ommen

Authorities can issue stop work orders, administrative penalties, and fines. You may be required to restore the site. Early checks via the Omgevingsloket and a pre-application consultation reduce the risk of violations.

How do I challenge a permit decision or enforcement notice

You can file an objection within 6 weeks of publication or service of the decision. If the objection is rejected, you can appeal to the administrative court. Deadlines are strict. A lawyer can help draft grounds, gather expert evidence, and request interim relief if urgent.

Additional Resources

Municipality of Ommen - For the municipal environment plan, building and environmental decisions, local tree policies, and pre-application consultations.

Province of Overijssel - Competent authority for nature permits under the Wet natuurbescherming, groundwater policy, provincial environmental and spatial rules, and Natura 2000 management.

Waterschap Vechtstromen - Regional water authority for permits and rules on works in and near water, discharges, groundwater aspects, and flood defenses.

Rijkswaterstaat East Netherlands - Manager of national waterways and river sections, including rules for navigation, bank protection, and major dredging.

Omgevingsloket - National portal to check permit requirements and file applications under the Omgevingswet and related regimes.

Staatstoezicht op de Mijnen - National mining regulator supervising activities under the Mijnbouwwet, including geothermal projects.

BIJ12 - Knowledge center that supports provinces on nature conservation, species protection, and nitrogen assessments including AERIUS guidance.

Kadaster and Basisregistratie Ondergrond - Official registries for land ownership, restrictions, and subsurface data to support due diligence and design.

Omgevingsdienst IJsselland - Regional environmental service that assists authorities with permitting, supervision, and enforcement in the Overijssel region.

Next Steps

Define your project clearly. Describe the location, activities, size, timing, and any emissions or discharges. Gather maps, drawings, and photos.

Screen permit needs early. Use the Omgevingsloket and contact the Municipality of Ommen, Waterschap Vechtstromen, and the Province of Overijssel to confirm which permits or notifications apply.

Request a pre-application consultation. Early dialogue with the competent authorities helps identify issues such as Natura 2000 impacts, water safety constraints, or soil contamination, and can save time.

Commission the right studies. Depending on your project, prepare an AERIUS nitrogen calculation, ecological survey, hydrological analysis, soil investigation, and where applicable an EIA screening or full EIA.

Coordinate applications. Where possible, align your environmental decision and nature permit applications so assessments and mitigation measures are consistent and efficient.

Plan for timelines and participation. Build in the standard decision periods and allow for public input. Keep evidence and communications organized.

Seek legal assistance. A natural resources lawyer with Dutch environmental experience can structure the permit strategy, liaise with agencies, draft robust applications, and protect your interests in objections and appeals. Acting early reduces risk and cost.

Monitor compliance. Once permitted, follow conditions, monitoring, and reporting duties to avoid enforcement. If circumstances change, discuss permit changes promptly with the authority.