Skyddszoner intill naturskydd i skogsmark- en angränsande fråga

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Fastighetsvetenskap

Sammanfattning: This master thesis aims to investigate buffer zones in forests close to a protected area; how they can occur and what consequences they may have for landowners. Protection of forests due to high nature values is a highly debated topic in Sweden. The debate has led to a governmental investigation concerning the subject. In order to find real cases where a buffer zone has occurred, Swedish authorities such as Skogsstyrelsen and länsstyrelsen have been contacted. The cases have been studied in order to understand how buffer zones have occurred and what consequences they may have for landowners. The cases form the basis of chapter 5, the analytical part of the thesis. Based on these cases conclusions have been drawn. The purpose of a buffer zone is to protect high nature values from negative changes in the local climate and in hydrology. In Swedish legislation, there is no legal basis for forming a buffer zone to a protected area. However, there is a legal basis for forming a buffer zone to high nature values. The thesis shows that buffer zones can be parted into two groups. The first group consists of buffer zones which had the purpose to be just a buffer zone. The second group consists of buffer zones that were never intended to be buffer zones, just a form of protection, but offer the same result. The consequences for the landowner depends on which kind of buffer zone that is created. Some of them generate compensation for the lost land-use and others don’t. Many times the problem for the landowner could have been solved by including the buffer zone into the protected area since it would have generated compensation. The greatest problems identified in this thesis seem to occur around Natura 2000-areas. The legalisation for Natura 2000 makes it possible to confine the proprietary outside of the geographic boundaries of the Nature 2000-area. Another problem connected to Natura 2000 is that the right to compensation is associated with great transaction costs. Another problem which the thesis has pointed out is when a protected area has become too small for its natural value. As years have passed the natural value has become stronger and the protected area too small. This can result in the landowners proprietary yet again being restricted- should the landowner have to tolerate this without compensation? To understand if buffer zones in forest land are a problem, contact has been made with various parties in the industry. Skogsstyrelsen and länsstyrelsen believe that there is no problem, while representatives of the landowners believe that there is a problem. This indicates that there are different opinions on the issue.

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