Right to roam: using fields, meadows and paths at the airport

The jet comes in on short final over the fields, the sun is perfectly behind you – and the best angle is exactly where a cornfield reaches right up to the path. May you step a few meters in? May you cross the meadow to the ditch from which the runway threshold is so nicely visible? The answer lies in the right to roam in open countryside (Betretungsrecht). This guide shows you what it allows spotters, when fields and meadows are off limits and at which line around the airport completely different rules begin.

The short answer

You may enter farm tracks, service tracks and unused land in open countryside for recreation – and that includes watching and photographing aircraft there. You do not enter cultivated fields and meadows with growing grass, owners’ barriers and justified signs apply, and the fenced airport grounds are not open countryside at all. If you stay on the path, trample nothing and do not park your car in the field, you are on the safe side.

What the law says

The basis is Section 59 of the Federal Nature Conservation Act (Bundesnaturschutzgesetz, BNatSchG). In essence: everyone may enter open countryside on roads and paths and on unused land for the purpose of recreation. For forests, the law refers to the Federal Forest Act and the states’ forest laws; entering for recreation is likewise allowed there, but cycling and riding only on roads and paths.

The second part of Section 59 is important: The details are regulated by the states. They may restrict entering for important reasons – for example nature conservation, protection of crops, agricultural and forestry management, protection of people seeking recreation, avoiding considerable damage or safeguarding legitimate interests of the landowner. That is why the answer to “May I stand here?” can differ in Brandenburg from Bavaria or Hesse.

An example of a particularly far-reaching rule is Bavaria. There, under Art. 27 of the Bavarian Nature Conservation Act, all parts of the open countryside may be entered free of charge, explicitly including agriculturally used land. The restriction follows right away in Art. 30, though: during the growing season, land used for farming and gardening may only be entered on existing paths. The growing season is the time between sowing or planting and harvest, and for grassland the time of growth.

Path, field margin, field: what you may do where

For practice at the airport’s edge, it helps to sort land into categories. The following table describes the typical situation in Germany – in individual cases state law and signage take precedence.

Land	Entering for spotting	What to watch for	Typical risk
Public road, bike and footpath	yes	do not obstruct traffic, do not stand on the roadway	accident risk, warning for obstruction
Farm and service track	yes, on foot	keep the way clear for farm machinery	disputes with farmers, trouble over parking
Cultivated field, meadow with growing grass	no	stay on the path, even for “just one photo”	crop damage, compensation claims, trouble
Harvested field, fallow land	depends on the state, often tolerated	observe barriers and signs, no tire tracks	conflict with the owner or hunting tenant
Forest	yes, on foot	the state’s forest law, closures during timber harvesting	danger from forestry work, deadwood
Fenced or closed-off property	no	respect the fence, chain or sign	trespassing, criminal complaint
Airport grounds behind the fence	no	the fence is the hard boundary	fine under aviation security law, criminal complaint

The field margin – the narrow, unused strip between path and field – is a borderline case. In some states it is explicitly accessible as unused land, but often it is part of the field or an ecologically valuable flower strip. Rule of thumb: What has been sown, mowed or visibly maintained is in use.

The growing season: why “just for a moment” doesn’t count

The most common mistake at the airport’s edge is not ill will but one step too many. A meter into the grain to get the approach lighting out of the frame, a short walk across the meadow to the ditch. For the farmer that makes a difference: trampled grain does not stand up again, and on grassland, trampled growth is missing at mowing. If dozens of spotters make the same trodden path every weekend at a popular spot, real yield damage results.

Then there is a detail that especially spotters notice: A freshly sown field often looks like fallow land. Bare soil in March or September may have long been planted. If you are not sure, stay on the path.

Barriers, signs and pasture fences

The right to roam is not a free pass against the owner. Bavaria shows how this is balanced: under Art. 33 BayNatSchG, landowners may close off land only under certain conditions – for example if use would otherwise be considerably impaired, for instance through damage to crops, or briefly for hunts, forestry work or nature conservation reasons. Visible barriers such as fences, obstacles or signs then exclude the right to roam for that land; a sign only has effect there, however, if it names a legal reason.

For you as a spotter, that means in practice:

• You do not climb over fences and pasture fences. Not even when the electric fence is off and the cows are far away.
• Barrier tape during hunts or timber harvesting is meant seriously. At driven hunts it is about your safety, not harassment.
• Hunting stands are not observation towers. They belong to hunting, are someone else’s property and are not covered by the right to roam – however tempting the elevated view of the runway may be.
• Nature reserves have their own ordinances. A strict rule to stay on the path often applies, sometimes also seasonal closures for breeding areas. Airport edges in particular are often ecologically valuable because of the large, quiet meadow areas.

Where open countryside ends: the airport fence

Around airports, a boundary comes into play that has nothing more to do with nature conservation law. The fenced grounds belong to aviation security. The Aviation Security Act (Luftsicherheitsgesetz) provides a fine of up to 10,000 euros for anyone who gains unauthorized access to the airside. Because the grounds are enclosed, an intrusion also raises trespassing under Section 123 of the German Criminal Code (Hausfriedensbruch) – prosecuted on complaint, with a fine or imprisonment of up to one year. What that means in concrete terms and how airports react is covered in the article Intruding onto airport grounds.

Even in front of the fence there is land that does not count as open countryside: service roads, access roads to approach lighting and measuring stations, the operator’s parking lots. Here the airport operator’s house rules apply. How to behave at the fence itself, what applies to ladders and tripods and why you should stay calm around airport security vehicles is summarized in the guides Proper behavior at the airport fence and Ladder, step and tripod at the airport fence.

Under the approach path: safety before camera angle

The fields under the final approach in particular are popular: the aircraft come in low and big in the frame, and there is often no development there. Legally, watching from a farm track is mostly fine, but you should know a few points. Aircraft at low altitude create wake turbulence that can reach the ground in certain weather conditions, and the approach lighting often stands on secured grounds. Which distances make sense and what you had better leave alone in the approach area is explained in the article Spotting under the approach path.

Where airports have set up official spots, use them rather than a field next door. The visitors’ hill at Munich Airport (Besucherhügel) or the Zeppelinheim viewing platform in Frankfurt have a clear status, and nobody asks whether you may stand there. Other classic locations such as the Teveren spotter hill at the NATO air base Geilenkirchen are in open countryside – here exactly the rules from this article apply.

Car, bike, tripod: what the right to roam does not cover

The right to roam covers you on foot and, depending on state law, by bike on paths – but not by car. It does not allow you to drive over farm tracks right up to the threshold. Many service tracks are closed to motor vehicles by traffic signs and open only to agricultural traffic. If you park there, you may block a combine harvester, and a warning is then the smaller problem. More in the article Parking at spotter locations and in the tips on getting to the spot.

By bike you have a clear advantage around many airports: cycling on paths is generally allowed, you can switch flexibly between spots on both sides of the runway and need no parking space.

A tripod or a small ladder on the path is usually no problem as long as you do not obstruct anyone. Permanent setups, gazebos, grilling or camping overnight in a tent, on the other hand, go beyond mere entering. And drones are a completely separate area of law – strict no-fly zones apply around airports, explained in the article on drones at the airport.

Liability: at your own risk

Section 60 of the Federal Nature Conservation Act makes clear that entering open countryside is at your own risk. The right to roam creates no additional duty to maintain safe conditions, and nobody is liable for typical hazards arising from nature. If you slip on the embankment to the drainage ditch or step into a hidden hole, that is your risk.

Conversely, you are liable for damage you cause: trampled crops, pasture gates left open, litter. Anyone out in tall grass in late summer should also think of ticks – the article Nature at the airport’s edge has practical tips on this.

A look at Austria and Switzerland

In Austria the Forest Act guarantees everyone the right to enter forests for recreation, with exceptions such as reforestation areas and forestry facilities. For meadows and fields there is no comparable nationwide right of access; here it depends on state law and, when in doubt, on the owner’s consent. In Switzerland the Civil Code allows entering forest and pasture to the extent customary in the area. Fields in use are not a walking route there either. You will find more on the situation in both countries under Plane spotting in Austria and Plane spotting in Switzerland.

How a conflict-free spotting day in the field works

This last step in particular is often underestimated. Many unofficial spots exist only because farmers and residents tolerate the spotters. A single trampled field can lead to a path being closed. The basic rules for getting along well are summarized in the spotter etiquette. And in case the police do come by: you can read how such a conversation goes under Police check while spotting.

Conclusion

The right to roam is a gift for spotters: farm tracks, service tracks and unused land around the airport are open to you for recreation, and watching and photographing are part of that. The limits are clear once you know them – cultivated fields and meadows with growing grass stay off limits, barriers and fences apply, cars do not belong on the service track, and at the airport fence aviation security law begins. Whether plane spotting is allowed in general and which further rules apply at the airport is explained in the overview Is plane spotting allowed?