Steinhuder Meer: Dispute over one-year sailing ban due to prohibited night sailing

The region had excluded the man from so-called "public use" - i.e. from the use of the waterway, which in principle everyone is entitled to. The exclusion extends to all authorised watercraft and is valid for a period of one year.

The measure was triggered by several incidents in the late summer of 2024. According to the authorities, the plaintiff had repeatedly violated the ban on sailing at night on the lake. He had also been found sailing a boat without the required licence plate. Both constitute an offence under the relevant state regulations.

At the centre of the legal dispute is the question of whether and to what extent the sailor has actually violated the "Dümmer and Steinhuder Sea Ordinance" of the state of Lower Saxony (DSDtMVO) - and whether the sum of the violations justifies a complete exclusion from public use. In legal terms, this is not just about individual breaches of the regulations, but about the proportionality of a drastic sanction.

A one-year sailing ban effectively means a complete ban on the recreational use of Lower Saxony's largest lake. The judgement is likely to send out a signal: It touches on the fundamental question of how consistently protection regulations can be enforced on ecologically sensitive inland waters.

Large set of rules for a comparatively small territory

The Steinhuder Meer is not only a popular water sports area, but also an ecologically valuable body of shallow water with extensive protected areas. The rules of use are correspondingly detailed. First and foremost, there are time restrictions.

Navigation on the lake is only permitted from 20 March to 31 October (winter navigation ban). From 1 November to 19 March, a general navigation ban applies. The only exception is for windsurfers and kitesurfers in the demarcated Mardorf surfing area, which may be used until 15 November.

There is also a ban on travelling at night: the lake may not be used one hour after sunset until one hour before sunrise. This point in particular plays a central role in the current court proceedings.

There are also numerous rules for the protection of plants and animals on and in the lake. Large areas are designated as nature reserves and may not be entered or travelled on. A special retreat area for water birds is subject to an early ban on winter navigation from 15 September. Buoys mark the boundaries of these sensitive areas.

In addition, travelling on reedbeds, sedges and floating leaves - such as water lily pads - is prohibited on the entire lake. The wilful disturbance of animals or the removal of plants is also prohibited.

There are also restrictions on use. The Steinhuder Meer may be used by anyone - for swimming, sailing or windsurfing, for example. However, only boats up to 7.60 metres in length and electric motors up to 10 hp are permitted. Internal combustion engines are not permitted.

Further regulations apply:

• exclusive kite surfing in the Mardorf surfing area
• the ban on travelling in designated bathing areas
• insertion and application only at certain points
• the ban on storing boats outside harbour facilities on the shore
• the prohibition of mooring to fish traps, buoys or viewing facilities
• the general duty not to endanger or inconvenience others

Overall, there is a tightly meshed set of rules designed to harmonise both recreational use and the protection of nature and species.

Steinhuder Meer is not an isolated case

Similar protection mechanisms also apply to other inland waters in Lower Saxony, such as the Dümmer. The DSDtMVO also regulates utilisation there. As on the Steinhuder Meer, there is a ban on winter navigation, designated nature conservation and quiet zones, restrictions for motorboats and special regulations for surfing and sailing areas.

However, the specific designs differ. While the Steinhuder Meer, as a shallow lake with extensive reed zones, is particularly susceptible to disturbance, the Dümmer has different ecological structures. Here too, the protection of resting and breeding birds is at the centre of the regulations.

What both bodies of water have in common is the basic idea that public use is not an unrestricted right. It is subject to nature and landscape conservation. Violations can be penalised not only with fines, but also - as the current case shows - with temporary bans on use.

The court will now clarify how far authorities can actually go to sanction rule violations.