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Applying for an earth removal permit

Do you want to remove a large amount of earth? For example, to build a basement or a deep pond on your property? If so, you will need an earth removal permit. You can apply for the permit from your province.

NB: If it concerns earth removal in national waters or the North Sea (in Dutch), you must apply for an earth removal permit from Rijkswaterstaat.

This is how it works for you

Your (future) place of residence falls under:

Here is some information from your province.

Earth removal permit

Do you want to lower the (water) soil or remove a layer of soil? This is called excavation and can have consequences for the surrounding area. You will need a permit. You can apply to us for a permit. In some cases, you only need to file a notification.

You can apply for a permit if you meet the following conditions: 

  • The earth removal is in line with the zoning plan. If not, the Municipality must indicate that they cooperate and adjust the zoning plan. 
  • A nature check/quick scan is carried out. A nature check shows whether the earth removal affects the existing nature values. 
  • Large-scale earth removals (mineral extraction) require investigation of the characteristics and the behaviour of the water (hydrological survey). For small-scale earth removals you consult with the Water Board that is responsible is for the water regime in the concerned area. 
  • The soil quality has been checked in an exploratory soil survey, unless it is clear from the soil map that this is in order.

Please provide the following information: 

  • an EIA assessment decision. A request for this must be submitted before applying for the permit.
  • a document stating who owns the land and who is entitled to use the land: a cadastral report object (not older than six months) of each plot of land to which the application relates;
  • a drawing with a unique reference assigned by the Land Registry to an immovable property: cadastral designation of the terrain which will be excavated and developed. This shows the land and any storage areas to be created. The drawing is provided with an indication of scale and a north arrow;
  • part of a topographical map on A4 size (scale 1:25. 000), on which the site is indicated with an arrow;
  • a plan drawing, consisting of a top view of an imaginary intersection of the site (cross sections), indicating the actual excavation and redevelopment; - an archaeological advice document and, if applicable, an archaeological survey report in accordance with the Dutch Archaeology Quality Standard (KNA); 
  • a soil survey, carried out in accordance with the NEN-5740 strategy;
  • a survey of the flora and fauna values of the area; 
  • if it concerns the extraction of surface minerals a document showing that the community has given approval for the requested excavation;
  • if it concerns sand or gravel extraction deeper than 8 metres: a study of the stability of the slopes in accordance with CUR Recommendation 113.

You must apply for an excavation permit from the province. Are you doing excavation work in waters owned by the state? Then apply for the excavation permit from the Minister of Infrastructure and Water Management (IenW). The application must be accompanied by an Environmental Impact Assessment (EIA) decision. The  request for this assessment must be requested from us before submitting the permit application. You do this by sending us a notification requesting a decision. We do not have a form for this. You apply for your permit via the permit application form Ontgrondingenwet on our website, or contact us.

When you apply for a permit, you must pay provincial charges to the Province. For more information go to the Costs page or contact us.

We need a maximum of 26 weeks to assess your application, counting from the date you submit your application. If you have not included all requested information with your application, the assessment will take longer. If the Water Board, nature conservation and the Municipality have already agreed, we can draw up a draft decision more quickly. We assess applications in the order in which they are received. So, make sure you apply for your permit on time. The risk of starting without the required permit is at your expense.

If you disagree with a decision of the province and have an interest in that decision, you can file an objection. At the bottom of each decision you will find whether and within what time period you can filean objection and to whom you should address it. If you cannot file an objection with us, but there is another course of action available to you (such as filing an appeal with another authority), this will also be stated below the decision. More information can be found on our website.

Questions about this topic?

Contact the Province of Gelderland