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ENVIRONMENT AND PLANNING LAW

WE STAND FOR YOUR CAUSE

Water & Soil

Water and soil play a vital role in our living environment and are becoming a driving force in granting permission for projects in the physical environment. When it comes to construction work, it is crucial to handle these aspects carefully. De Haij & Van der Wende has the knowledge and experience to guide you through the various legal aspects of construction projects in relation to water and soil. 

Water quality: quality assurance

Water quality is increasingly important when it comes to activities in the living environment. European rules largely define the framework of what is allowed and what is not allowed, which is further detailed in national regulations. In principle, projects must not lead to a deterioration of water quality. We have high-quality knowledge to advise you on the possibilities and impossibilities of European and Dutch regulations. 

Customised rules and regulations: customisation or limitation?

Customised rules and regulations are essential tools for public authorities, including water authorities, to regulate activities in the living environment. They offer flexibility to set specific local requirements and deal with unique challenges within an area. But what do these customised rules and regulations imply for your activities? We can help you understand the impact of customised rules and regulations on your activities. In addition, we can work together to create the desired customised regulations or help you counter undesirably imposed customised regulations. Our team will help you shape these regulations in consultation with the water authority so that they are clear, legally tenable and effective, and you can continue running your business.

Damage caused by water: weather the storm

We are increasingly seeing cases where water can lead to nuisance and damage. Think of the floods in Limburg, causing harm not only to citizens, but also to businesses and nature, as well as nuisance and damage to farmers. The same goes for damage caused by long-term drought. We can advise you on the public authorities’ duty of care, your own duty of care, the options to find solutions within the legal framework and – last but not least – the means of recovering damages. 

Renovation and new construction: water-conscious construction
It is important to consider the impact that renovation and new construction projects may have on water resources. This can include issues such as drainage, flood prevention and ensuring water quality. Our firm can assist you in developing water-conscious building plans, to make your project comply with all laws and regulations. 

Water authority regulation: unfamiliarity makes unpopular

Water authorities keep our feet dry and ensure a high-quality water system. Water authority rules, described in the water authority regulation, often have more impact on projects in the living environment than originally thought. They are often overlooked. It frequently happens that projects receive approval from the municipality, but not from the water authority. Or additional restrictive measures may apply. The law governing water management is largely based on European regulations. We have specialist knowledge on water law and can therefore provide you with targeted advice on the impact of national and European water regulations on your project. 

Activities affecting water: restrictions on area activity and discharge activity

In certain areas, it may be necessary to restrict activities to protect water resources and water quality. This is regulated through a permit system for activities in areas where territorial restrictions apply. In addition, there are strict rules on wastewater discharge to ensure responsible use of our water. Our firm can advise and support you in meeting these obligations so that you will act responsibly and in accordance with the law. 

Water acquiescence obligation: to tolerate or not to tolerate?

Landowners and land users may have to deal with acquiescence obligations. An acquiescence obligation means that an owner or user must tolerate certain activities or changes in his or her plot. There are acquiescence obligations that result from the law, such as having to tolerate temporary maintenance and reconstruction. Specific acquiescence obligations can also be imposed in certain cases. Water authorities can use these for the construction of wastewater pipelines, water works and ancillary activities, for instance. Such obligations to tolerate are often permanent and tend to have a major impact on the landowner’s or user’s position. Sometimes, even expropriation comes into play if the impact is too serious. For that reason, the imposition of acquiescence obligations is subject to strict rules. We have the knowledge and expertise to advise you on these matters and assist or represent you when necessary. 

Soil protection: the foundation under our feet

Good soil quality is important for people, plants, and animals, since all activities take place above, on, or in the soil. Soil protection is becoming increasingly important. Regulations on soil are complex and comprehensive. At European level, there are also continuous developments. We have the expertise to advise you on the laws and regulations your specific project needs to comply with and on the provisions you need to make. 

Water supply projects: healthy supplies

We advise the agricultural and horticultural sector on options for the realisation of water supply projects. Land salinisation and desiccation have a major impact on agricultural and horticultural entrepreneurs. Timely supply of fresh water can limit the damage. However, cooperation from the water authority is crucial here. Certain legal requirements will have to be met before such projects can be carried out. We can assist you in consultations with the water authority and in the realisation of water supply projects. 

Compensation for loss: a balanced approach

If public authorities act according to the rules and thus legally correct, their decisions may still adversely affect companies and citizens. There is usually a statutory entitlement to compensation for losses suffered in these cases. Our firm has extensive experience in the field of compensation for loss and will assist you in finding fair and balanced solutions. 

Why choose De Haij & Van der Wende?

At De Haij & Van der Wende, we understand that water and soil are inextricably linked. With our extensive knowledge and experience in this field, we are here to advise and assist you. We can make sure you will comply with all laws and regulations so that you can focus on your project or business.

Contact us today for a no-obligation consultation and find out what we can do for you. 

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