How are the 'vital ecosystems' that are Irish peatlands protected in law?

RTÉ News​

05-05-2025

Analysis: Protecting and restoring Ireland's peatlands is not only a legal or technical challenge but a delicate balancing act
Irish peatlands have taken centre stage in recent years for their vital role in tackling climate change, thanks to their ability to store vast amounts of carbon. Despite covering just 3% of the world's surface, peatlands store 'twice as much carbon as all the forests in the world'. Given Ireland's extensive peatland coverage - about 20% of the land - the country has a key role to play in protecting them. However, land-use activities like peat extraction and agriculture have damaged Irish bogs, releasing stored carbon back into the atmosphere.
With growing concerns about rising carbon emissions due to peatland decline, one might wonder: How are these vital ecosystems protected by law in Ireland?
Understanding how peatlands are protected begins with three key points to keep in mind. First, there is no single law dedicated specifically to peatlands. Instead, a patchwork of different laws - not designed with peatlands in mind - influences how they are managed and protected. Second, Irish peatlands were largely unregulated for much of their history, and many of the current protections have been introduced in response to EU environmental policies. Third, only a small percentage of Irish bogs are publicly owned, which means that the rest is fragmented among multiple private landowners with competing interests, making efforts to protect and restore them more complicated.
From TG4, Manchán Magan explores our complex relationship with the peatlands of Ireland
In this context, the main legal tool for safeguarding peatlands has been the designation of Special Areas of Conservation, which are sites recognised for their ecological importance, under the EU Habitats Directive. The National Parks and Wildlife Service is responsible for designating them on the basis of ecological criteria, assessed through surveys and site visits. So far, 110 bog sites are Special Areas of Conservation in Ireland. This approach to managing peatlands has created a divide between peatlands that are designated and those that are not.
Overall, designated sites benefit from stronger legal protections. The State is expected to take action to maintain or restore their ecological condition and to restrict activities that could cause damage. For example, peat extraction on designated sites has been banned here. However, enforcing this ban has proven difficult, with extraction continuing despite the restrictions.
On non-designated sites, protection depends on whether proposed land use activities are likely to cause significant environmental harm. This is assessed through the national planning system, using a procedure called Environmental Impact Assessment, which is required under the EU EIA directive. Whether an assessment is required depends on the size of the peatland site, with smaller sites typically exempt. If required, the process begins with a report prepared by expert consultancies on behalf of the developer. This is then reviewed by local planning authorities or An Bord Pleanála, which are the bodies responsible for carrying out the assessment. The aim is to identify both the direct and indirect effects a project could have on the environment, including its climate impact. As a result, greenhouse gas emissions from degraded peatlands must now be considered before a project can be approved.
Despite these regulations, Irish bogs are today in poor condition and suffer from deterioration, also driven by difficulties in enforcing regulations. As climate change has moved higher on the political agenda and the climate value of peatlands is now better understood, there have been growing calls to restore these ecosystems to reinstate their role as carbon sinks. In response, the EU adopted its first-ever Nature Restoration Law in June 2024, setting targets for restoring degraded ecosystems with the highest carbon storage potential, like peatlands. But what does restoring peatlands actually mean? Essentially, it involves rewetting the bogs to bring them back to functioning ecosystems.
Given the ownership challenges mentioned above, EU lawmakers also agreed that meeting these targets does not imply an obligation for farmers or private landowners to rewet their land, as this remains voluntary. While Ireland has not yet adopted a restoration plan - something to watch for in the near future - restoration efforts are already underway as part of other initiatives, such as the Climate Action Plan and the Biodiversity Plan.
Having covered the key legal aspects of peatland protection and restoration, a few final thoughts that are worth highlighting.
While restoration is increasingly seen as essential for achieving climate targets, it should not be considered a simple fix. In some cases, restoration may not be enough to fully recover a bog's ability to absorb carbon, especially if the ecosystem has already become significantly impacted. Rather than treating it as a one-size-fits-all solution, the law should support more site-tailored approaches, especially given the ongoing uncertainties surrounding the condition of many Irish peatlands.
Also, the different laws that apply to peatlands can clash. For example, Irish bogs have at times been proposed as sites for wind farms in an effort to accelerate the energy transition and meet climate goals. Yet those same climate goals also depend on protecting peatlands as carbon stores, revealing a tension between two climate strategies.
Finally, Irish bogs are not only valuable as carbon stores or natural habitats; they are also lived-in landscapes. Local communities have long relied on these areas through land uses that are deeply tied to their way of life. Securing the participatory rights of these communities is fundamental to inclusive decision-making on the future of peatlands. As Ireland strives to meet its climate targets, protecting and restoring peatlands will not only be a legal or technical challenge but a delicate balancing act between environmental needs and community voices.