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Chapters 2 and 3 of the soil management memorandum show the local regulations for soil movement. With the enactment of the Omgevingswet , much of the soil regulations have changed. Chapters 4 and 5 from the memorandum were dropped with the arrival of the Omgevingswet .

Soil Information

Information about the environmental soil quality is important when, for example, you are having a soil survey conducted, applying for an environmental permit, buying a home, starting a business, or when you are excavating.

Where to view?

The soil information of the Municipality of Nuenen can be consulted online via: 'Environmental Report North Brabant'. 

Municipal soil files retrieval

If you would like to receive more information, you have the option of requesting the municipal soil files at bodem@nuenen.nl. Please include the environmental report and indicate which files you would like to receive. Should we not have the files digitally, we will contact you to make an appointment for an archive inspection.

Note!
The environmental report also shows the soil files of the Province of North Brabant. The soil files from 1987 to 2010 can be requested digitally from the Brabants Historical Information Center. The soil files from 2010 onwards can be requested from the Omgevingsdienst Zuidoost-Brabant (ODZOB) at bodemloket@odzob.nl. Check the environmental report for the archive location.

Soil test (environmental permit out-of-plan environmental plan activity (BOPA) and environmental plan building activity)

If you plan to deviate from the environmental plan, build a house or business premises, you must submit soil quality data with the application. This involves a preliminary soil investigation in accordance with § 5.2.2 of the Activity Living Environment Decree (BAL).

The municipality tests whether the soil quality is suitable for the desired use of a site and whether construction is not taking place on contaminated soil. For further rules, please refer to the Environmental Plan of the Municipality of Nuenen.  

Attention! To protect groundwater, the Province of North Brabant has included instruction rules for the granting of building permits, which means that for all structures (>50m2) a prior soil investigation must be supplied (even if there is no soil-sensitive building). The municipality must incorporate these rules into the final environmental plan in the coming years. 

Excavation and earthmoving Requirements 

In the municipality of Nuenen, excavation and earthmoving activities take place on a regular basis. The Living Environment Activities Decree (BAL) imposes Requirements on the performance of excavation work, the application and temporary storage of soil, dredged material and building materials on or in the soil. These Requirements are intended to prevent soil contamination and enable (re)use of soil.

The Nota bodembeheer (chapters 2 and 3) with its soil function class map and soil quality map (including PFAS) indicates under which Requirements clean and slightly contaminated soil can be applied.

Notification digging in soil

If you plan to carry out excavation work in the soil in an excavation volume of >25m3, you must report this at least 5 working days in advance via the Omgevingsloket/DSO. 

With the notification you must have insight into the soil quality. For this, you must have a preliminary soil investigation in accordance with § 5.2.2 (BAL) carried out. Based on the results of the investigation you should make the appropriate notification:

  • Environmentally harmful activity digging in soil with a quality below or equal to the intervention value soil quality (§3.2.21 Bal);
  • Environmentally harmful activity digging in soil with a quality above intervention value soil quality (§3.2.22 Bal).

For more information, see BAL (§ 3.2.21 and 3.2.22).

Notification application and/or temporary storage of soil or dredged material

If you plan to apply or temporarily store soil or dredged material, you must report this at least 5 working days in advance via the Environment Desk/DSO. This also applies to the application of MSWI bottom ash and immobilization. For more information, please refer to the BAL (§3.2.24 and 3.2.26).

Soil quality map

If you want to use the soil quality map you need to add the form 'test origin' to your report. Earthmoving based on the soil quality map is only possible from locations which are unsuspicious with regard to the occurrence of soil contamination.

Omgevingsdienst Zuidoost-Brabant tests

On behalf of the municipality, the Omgevingsdienst Zuidoost-Brabant reviews reports against national and municipal soil policies. For questions about performing excavation work and earthmoving, please contact the Omgevingsdienst Zuidoost-Brabant at bbk@odzob.nl.
 

Soil remediation

If the maximum allowable soil quality (>intervention value soil quality) is exceeded at a site, in many cases this will restrict any development at a site. To make a site suitable for future use, soil remediation is often required in these situations.

Competent authority and implementation

Since the introduction of the Omgevingswet , the municipality is the competent authority when it comes to soil remediation. If you are planning to carry out a soil remediation operation, you must give at least 4 weeks' notice via the Omgevingsloket/DSO. 

For more information on the environmentally harmful activity of soil remediation, refer to the BAL (§3.2.23).

Transitional law on soil protection (Wbb).

The Province of North Brabant remains the competent authority for several soil contaminations. This is regulated by the transitional law on soil protection. 

These include the following situations: 

  • The province has issued an order Wbb before it takes effect that urgent remediation is necessary;
  • Soil contamination occurred between Jan. 1, 1987 (1993 for asbestos) and the enactment of the omgevingswet on Jan. 1, 2024;
  • The province has imposed measures or use restrictions under Art. 37 paragraph 4 Wbb in a decision serious non-urgent. The transitional law relates only to the restrictions/measures and not to the activities in the contamination. 

Omgevingsdienst Zuidoost-Brabant tests

On behalf of the municipality and the province, the Omgevingsdienst Zuidoost-Brabant tests the remediation notifications against the BAL and the Transitional Soil Protection Act. 

For questions about performing soil remediation, contact the Omgevingsdienst Zuidoost-Brabant at bodemloket@odzob.nl.