Backfilling

If you place soil material, fill terrain depressions, or create a rootable soil layer, the soil must not be damaged as a result.

Anyone who wants to place or embank more than 500 m³ of soil or soil material must notify the Lower Soil Protection Authority at least 2 weeks before the start of the measure. This also applies if you commission a company to do so.

Affected parties include:

• Builders

• Gardening and landscaping companies

• Farmers with agriculturally used areas

Without approval by the Lower Soil Protection Authority, this soil material may not be deposited. Further information can be found in the information sheet on the placement and incorporation of materials on and into soils in the download section. A form for the notification of soil application according to § 6 Abs. 8 BBodSchV is available in the download section.

A separate notification according to § 6 Abs. 8 BBodSchV is not required if the soil embankment is already part of a binding remediation plan according to § 13 Abs. 6 BBodSchG or another official decision (e.g., building application) involving the Lower Soil Protection Authority.

The legal requirements for the placement and incorporation of materials into the soil are described in the following regulations:

• §§ 6 to 8 of the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV) as amended on 09.07.2021

• § 2 Abs. 2 of the North Rhine-Westphalia State Soil Protection Act (LBodSchG NRW)

Note on recycled building materials

For the use of recycled building materials (RC material), e.g., crushed construction debris or road debris, the requirements of the Substitute Building Material Ordinance (link) apply.

Detailed information on the implementation of §§ 6-8 BBodSchV and the distinction from the Substitute Building Material Ordinance can be found in the “Enforcement Guide to §§ 6-8 BBodSchV – Requirements for the placement and incorporation of materials on or into the soil” (LABO - Federal/State Working Group on Soil Protection, 10.08.2023). This is available in the download section.

Costs

The acceptance and processing of a notification according to § 2 Absatz 2 LBodSchG is subject to a fee.

A fee of €200 to €1,000 is incurred depending on the administrative effort, according to tariff item 4.5.5 of the General Administrative Fees Ordinance NRW.