A small hydropower plant inside a protected landscape area
A family-owned energy company plans a small run-of-river hydropower plant on the Berounka River near Křivoklát, inside the Křivoklátsko Protected Landscape Area (CHKO Křivoklátsko). The design includes a 2.5 m weir, a 300 m bypass channel, and a new 600 m access road through a forest plot. Installed capacity would be 450 kW. The company has a landowner's preliminary consent and says the project will improve flood protection. Local anglers object because that stretch is a designated salmonid water and a migration route for fish. The municipal building office has indicated that a building permit may be possible. The investor asks whether it can start construction once the building permit is issued, whether it needs any exemption from the protected-area regime, and what environmental assessments are likely. It wants to begin before the autumn spawning season.
1. Beyond the building permit, which approvals or assessments are likely required before construction can start?
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A building permit from the municipal building office is not a sufficient green light. Because the weir, bypass channel and access road lie inside a protected landscape area, the project needs a binding opinion or consent from the nature protection authority, and possibly an exemption from the prohibitions of the CHKO regime. The water authority must issue a water-law permit for the weir, bypass and any interference with the river regime. The project may also require EIA screening because a hydropower scheme in a protected area can significantly affect the environment; if a Natura 2000 site is affected, an appropriate assessment is needed. The access road through forest land may need removal from the forest land fund. The fish migration issue will require a functional fish pass and conditions from the water and nature protection authorities. Construction before these steps would be premature.
2. What does an exemption from the CHKO protection regime require, and why do the anglers' objections matter?
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An exemption from the CHKO prohibitions is not automatic and is not granted merely because the project is small or privately financed. The applicant must show why the activity should be allowed despite the protected-area regime, usually by demonstrating a public interest that outweighs the interest in nature protection, and by showing that alternatives have been considered and impacts minimised or compensated. The anglers' objections matter because they put evidence on the record about the salmonid character of the water and the fish migration route. That evidence can lead the water authority to refuse or condition the weir and bypass, and it can strengthen the nature protection authority's reasons for refusing an exemption. The investor should commission fish and habitat surveys rather than dismiss the objections as local opposition.
3. What sequencing and risk advice would you give the investor about the planned start before the spawning season?
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The investor should not start construction to beat the spawning season. The proper sequence is pre-application consultation with the nature protection and water authorities, EIA screening or assessment, Natura 2000 assessment if relevant, water-law permit, any CHKO exemption, forest land release, and only then the building permit and construction. Beginning before those decisions exposes the company to stop-work orders, fines, removal orders and the risk that the design must be changed after money has been spent. The spawning season is a constraint on timing, not a legal permission to proceed early. A realistic schedule should assume conditions such as a fish pass, limited work windows and monitoring. If the company wants to reduce risk, it should redesign the scheme to avoid the most sensitive stretch or reduce the weir height before submitting applications.