Submitting objections and comments on measures in the area of federal waterways

Public participation is part of the planning approval procedure. The general procedure is as follows:

• Application:
  • The sponsors of the construction project (TdV) submit an application for the plan approval procedure via the federal government's online service and submit all the necessary documents there.
• Involvement of the authorities:
  • The planning approval authority invites the authorities whose areas of responsibility are affected by the project to comment. They are given a maximum period of 3 months.
• Announcement and display
  • The planning approval authority informs the public that the planning documents are on display.
  • The planning documents are published on the website of the planning approval authority.
    • In special cases, they may also be displayed in the municipalities affected by the plan.
• Comments and objections
  • The persons and associations affected by the construction project can submit objections and comments within a specified period:
    • Procedure without environmental impact assessment: 2 weeks after the end of publication of the documents on the Internet
    • Procedure with environmental impact assessment: 1 month after the end of publication of the documents on the Internet. This deadline can be extended to a maximum of 3 months.
  • The comments and objections will be sent to the TdV for a response after the deadline has expired.
• Discussion meeting
  • A hearing is announced and held by the planning approval authority to discuss objections and comments. Those who have raised objections or submitted comments are informed of the hearing.
• Changes to the planning approval procedure
  • There may be changes to the plan. All persons affected by the changes will be informed.
  • In the event of extensive changes to the plan, the consultation procedure must be repeated.
  • If the interests of persons or the remit of an authority or association are affected by the plan amendments for the first time or to a greater extent than before, they must be notified of the amendment. It is possible to submit objections and comments within 2 weeks.
• Granting of consent
  • by the responsible state authority.
• Planning approval decision
  • All interests are weighed up by the planning approval authority and result in the planning approval decision (PFB).
  • The PFB is sent to the TdV by post and to those affected by means of a postal delivery certificate.
    • If more than 50 notifications are required, these can be replaced by a public announcement.
  • The PFB and the adopted plan document are published and displayed in the affected municipalities.
  • Notification, display and publication of the display of the planning approval decision can also take place by publishing the decision with information on legal remedies and the established plan on the website of the planning approval authority for 2 weeks.
  • The enacting part of the planning approval decision, the deadline for appeals and a reference to the publication on the website of the planning approval authority will also be published in the local daily newspapers in whose circulation area the project is likely to have an impact.
• Legal action
  • An appeal can be filed against a planning approval decision.
• Final plan
  • Once the appeal period has expired, the planning approval decision is final.

Public participation

Submit objections and comments online:

• Visit the website of the federal government's application and participation portal for transport and offshore projects.
• In the online service, you can enter your comments on your concerns step by step and submit your objection or statement digitally. Complete the form in full.
• You can upload and send documents as a ZIP file. You will receive an automatic confirmation of receipt.
• Alternatively, you can print out the form completed in the online service and send it by post or fax to the GDWS Planning Approval sub-department. You can also submit your objection or statement electronically as described in the notice.
• The GDWS will check your documents and may contact you if there are any questions or additional submissions are required.
• The objections and comments will be submitted to the developer of the construction project for review and response.
• The objections and comments will be discussed with the sponsor of the construction project at a discussion meeting or in a digital format, as stated in the announcement. A discussion may be waived in individual cases. Anyone who has submitted an objection or statement may participate in the discussion meeting or in a digital format specified in the announcement.

Submit objections and comments by post or fax:

• Send your objection or statement to the GDWS Planning Approval sub-department.
• The GDWS will check your submission and contact you if any additional documents need to be submitted. You will not receive a confirmation of receipt.
• The objections and comments will be submitted to the owner of the construction project for review and response.
• The objections and comments will be discussed with the project sponsor at a hearing or in a digital format specified in the announcement. A discussion may be waived in individual cases. Anyone who has submitted an objection or statement can take part in the discussion meeting or a corresponding digital format.
  

• to raise an objection:
  • You can raise objections as a person or organization if your interests are affected by the planned construction project
• to submit a statement: You represent
  • a body representing public interests or
  • a recognized environmental or nature conservation association
    

• Objection or statement with your name and address
  • You can voluntarily submit further documents to explain the facts
  • In individual cases, the GDWS may request additional evidence from you
• for representation: power of attorney
  

There are no costs.

The duration of the planning approval procedure is influenced, among other things, by

• the type and scope of the project
• the quality of the planning documents,
• the number and content of objections and comments,
• statutory procedural regulations.
  

• §§ 14, 14a Bundeswasserstraßengesetz (WaStrG)
• § 73 Absatz 3a, 4 Verwaltungsverfahrensgesetz (VwVfG)

Action before the Higher Administrative Court or Federal Administrative Court

There are no indications or special features.

The text was automatically translated based on the German content.