Specific Enforcement of Environmental Law in Utrecht
The Environmental Act (Omgevingswet, Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific laws, with specific application in Utrecht. Article 5.1 of the Environmental Act grants authorities the power to employ coercive measures for illegal constructions or environmental violations in the city, such as in the Utrecht Merwedekanaal area or along the Vecht river. The legal qualification focuses on environmental norm violations, tailored to local priorities.
The enforcement policy of the Municipality of Utrecht prioritizes risks, including the Acute Hazard Zone (AGZ) around industrial sites such as Lage Weide and the station area. Proportionality balances business interests against environmental protection, taking into account Utrecht's climate adaptation strategy and air quality standards.
Practical Examples in Utrecht
In cases of excessive nitrogen deposition near Utrecht Science Park, administrative coercion may be ordered. The Council for the Environment and Infrastructure advises a risk-based approach, fitting Utrecht's pilots for sustainable urban development. Case law (ECLI:NL:RVS:2023:789) reviews the necessity of measures, as recently applied to illegal extensions in Overvecht.
The offender has a duty to provide information; non-compliance leads to increased sanctions under Utrecht's enforcement ordinance. This framework encourages sustainable compliance in the growing city of Utrecht.