Environmental Plan

From January 1, 2024, the Omgevingswet will apply. From then on, the municipality will no longer have all different plans with legal rules but there will be one environmental plan with municipal rules for the physical environment. 

The environmental plan consists of two parts: 

  • All zoning plans and other regulations that belong in the environment plan from the entry into force of the Omgevingswet (management regulations and amendment plans) 
  • The dowry

The Omgevingsplan can be found in the Omgevingsloket under Rules on the Map This is the replacement for ruimtelijkeplannen.nl

The dowry

The dowry consists of rules that the State transfers to municipalities and water boards. They do this because these are rules that municipalities and water boards can better consider locally. For municipalities, these include environmental rules for activities such as catering establishments, animal boarding houses, day recreation and supermarkets, and rules about the consequences of activities, such as the connection of buildings to utilities and the amount of noise or odor for the environment.

Municipalities can adjust the dowry themselves, as long as the rules comply with the instruction rules of the state and province.

Initially, this is a temporary Environment Plan. Municipalities have until January 1, 2032, to draw up a definitive Environment Plan. That time is needed to convert all the new policies, current ordinances and rules into this final Environmental Plan.

Plans that do not fit into the temporary environmental plan

After the Omgevingswet Act takes effect, initiatives will present themselves that conflict with the temporary environment plan. Drawing up a new zoning plan will then no longer be possible. This is why the municipality will work with a Buitenplanse Omgevingsplan Activity (BOPA) and 'Temporary Alternative Measures' (TAM)

BOPA

With a BOPA you allow an activity that is not currently allowed in the environmental plan (provided the municipality wants to cooperate with the plan). You can apply for a BOPA with an environmental permit application. The advice is always to first submit your plan as a preliminary consultation. Then you will know whether your plan is likely to succeed before you apply for the environmental permit. You can apply for a preliminary consultation and an environmental permit through the Environment Desk. 

TAM and TAM-IMRO

There are still plenty of improvements being made nationwide to the Digital System Omgevingswet (DSO). Only after the Omgevingswet takes effect will it become clear whether and how well the DSO can process changes in the environmental plan. Because the DSO is not yet working optimally, the "Temporary Alternative Measures" (TAM) have been developed by the national government.

Should the BOPA not be possible, the TAM-IMRO route can be chosen in consultation with initiators. A TAM-IMRO plan legally has the same content as a new environmental plan, but technically it uses the old IMRO standard. As a result, there is less uncertainty in drafting and publishing the plan. A TAM-IMRO plan is published on Spatial Plans and Official Notices.