This study, commissioned by the German Environment Agency (Umweltbundesamt, UBA), develops a proposal for a comprehensive revision of the German Federal Soil Protection Act (Bundes-Bodenschutzgesetz, BBodSchG) and presents a fully drafted legislative text. Soils perform essential functions for biodiversity, water regulation, agriculture, climate protection, and carbon storage. For more than two decades, the Federal Soil Protection Act has provided the legal framework for soil protection in Germany. However, its primary focus has remained on preventing harmful soil changes and remediating contaminated sites. In light of increasing challenges such as land take, climate change, biodiversity loss, and ongoing soil degradation, the study examines how soil protection law can be further developed to address these challenges more effectively.

The project develops a comprehensive reform aimed at transforming the existing Federal Soil Protection Act into a modern legal framework for sustainable soil management and preventive soil protection. To this end, the study analyses both legal and practical shortcomings of the current legislation and elaborates concrete proposals for new governance, planning, and protection instruments. Building on extensive discussion papers, expert interviews, stakeholder workshops, and literature reviews, the project team assesses different legal options, evaluates their advantages and disadvantages, and develops corresponding legislative amendments.

Revision of the Federal Soil Protection Act: A Fully Drafted Legislative Proposal

A distinctive feature of the project is that it goes beyond discussing individual reform options. The various approaches developed during the research process have been consolidated into a coherent proposal for revising the Federal Soil Protection Act. As a result, the report provides not only technical and legal recommendations but also a fully drafted proposed law accompanied by detailed explanatory notes on the individual provisions.

The proposed legal framework places soils at the centre of environmental protection policy as an independent environmental resource. It seeks to close existing protection gaps while systematically addressing emerging challenges. Key elements include the stronger integration of soil biodiversity into soil protection law, the incorporation of climate mitigation and climate adaptation functions, and the development of binding criteria for achieving and maintaining a “good soil condition.”

New Instruments for Land Protection, Soil Condition and Climate Action

Among the central proposals is the introduction of a legal objective for achieving a good soil condition. Drawing on approaches established in water protection legislation, the proposal foresees regular soil assessments, indicators for evaluating soil condition, and programmes of measures aimed at improving soil quality. These instruments would be complemented by new planning and governance mechanisms designed to identify and address deteriorating soil conditions at an earlier stage.

Another key focus is the reduction of soil sealing and land consumption. The study explores various legal options to limit the loss of natural soil functions resulting from urban development and infrastructure expansion. Proposed measures include new permitting requirements for particularly soil-intensive land uses, stronger support for soil de-sealing and restoration measures, and a more systematic integration of soil protection considerations into planning and authorisation procedures.

The study also addresses the role of soils in climate protection. Because soils can both store and release greenhouse gases, they play a significant role in climate mitigation efforts. The authors therefore propose explicitly recognising climate functions within soil protection law and strengthening protection for particularly valuable soils, including peat soils and other carbon-rich soils.

Soil Monitoring and Enforcement: Strengthening the Foundations of Soil Protection

Effective soil protection requires reliable information on the condition and development of soils. The study identifies deficiencies in monitoring, data collection, and data exchange as important areas for reform. It proposes nationwide standards for the digital recording of soil data, improved rules for data sharing, and the statutory establishment of the Soil Monitoring Centre hosted by the German Environment Agency.

The study also recommends further development of requirements for agricultural land use. Existing principles of “good professional practice” (good agricultural practice) should be expanded to include climate protection, biodiversity conservation, and water retention functions. At the same time, the proposed legislation introduces new mechanisms to improve enforcement and to further specify technical standards for sustainable soil management.

Project on Revising Federal Soil Protection Law

The study, entitled Strengthening Soil Protection and Contaminated Site Remediation through Revision of Soil Protection Law, was carried out under the departmental research programme of the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV). The project was conducted by Ecologic Institute, Öko-Institut, and Schnittstelle Boden on behalf of the German Environment Agency. The final report includes both discussion papers on key reform topics and a fully elaborated proposal for revising the Federal Soil Protection Act, providing a basis for broader policy discussions and future legislative development.