Planning and building law as a legal framework for multifunctional agriculture

An appropriate reading of the term "agriculture" in the German Federal Building Act (Section 201 Baugesetzbuch + BauGB) as well as of Section 35 BauGB makes it possible to take the requirements of development in multifunctional agriculture into account. Within certain limits such an understanding also permits to build up a "second footing" in the undeveloped outskirt area by combining the agricultural business with income sources relatet to the business. A fair compromise can also be reached with regard to the conflicting interests of protecting the landscape against excessive settlement and buildings foreign to the nature of outskirts. Furthermore the municipal land-use planning can react adequately to the multifunctionality as a dimension of future land-use. The numerous functions of agriculture can be expressed clearly, while nevertheless safeguarding property rights, by designating areas for agricultural purposes (Section 5 para. 2 number 9 lit. a, Section 9 para. I number 18 lit. a BauGB) and superimposing them with other categories. Finally, Section I para. 5 sentence 2 and 3 BauGB requires agricultural functions to be considered when weighing the conflicting interests at hand. Therefore the federal building and planning law alows an appropriate reaction upon the increasing multifunctionality of agriculture.