Apply for planning approval for measures in the area of federal waterways

You can apply for planning approval decisions for construction measures on federal waterways online or in writing by post or fax.

Online application:

• Call up the federal government's online service "Application and Participation Portal for Transport and Offshore".
• Log in to your ELSTER company account with your ELSTER certificate.
• The form management system (FMS) will guide you step by step through the required information. Complete the application form in full.
• Upload the required documents as a file (PDF) and send the application. You will receive an automatic confirmation of receipt.
  • Alternatively, you can print out the application and send it to the GDWS by post or fax together with the required documents.
• The GDWS will check your documents and contact you if further documents need to be submitted.
• The GDWS will send you
  • a decision on the approval of your project under planning law or
  • a notice of rejection.
• The GDWS will also send you a notification of fees.
• You pay the fee.

Application by post or fax:

• Send your application documents with a covering letter to the GDWS planning approval sub-department.
• The GDWS will check your documents and contact you if further documents need to be submitted.
• The GDWS will send you
  • a decision on the approval of your project under planning law (planning approval decision) or
  • a notice of rejection.
• The GDWS will also send you a notification of fees.
• You pay the fee.

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

• Application:
  • Owners of the construction project (TdV) submit an application for the planning approval procedure via the federal government's online service and submit all the necessary documents there.
• Announcement and interpretation
  • The planning approval authority informs that the planning documents will be displayed.
  • The planning documents will be displayed in the municipalities affected by the plan.
• Comments and objections
  • The persons and municipalities affected by the construction project can submit objections and comments within 3 months.
  • The comments and objections will be sent to the TdV for written counter comments after the deadline has expired
• Discussion meeting
  • If necessary, a hearing will be announced and held by the planning approval authority in order to examine objections and comments. Persons who have submitted objections may be invited to the hearing.
• Plan amendments to the planning approval procedure:
  • Plan changes may occur as a result. All persons affected by the changes will be informed.
  • In the event of extensive changes to the plan, the consultation procedure must be carried out again.
• Granting of consent
  • by the competent 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 and affected parties by means of a postal delivery certificate.
  • The PFB and the approved planning document are published and displayed in the affected municipalities.
• Action:
  • A lawsuit can be filed against a planning approval decision.
• Final plan:
  • After expiry of the appeal period, the planning approval decision is legal.

• Your authority or company is planning construction work on a federal waterway.

As the project sponsor, you must submit the following documents for the application:

• Main application,
• Cover letter for the application,
• comprehensive list of all planning documents submitted,
• explanatory report,
• overview plan,
• site plan,
• list of
  • paths,
  • waters,
  • structures and
  • other facilities,
• List of structures,
• longitudinal section,
• cross sections,
• Design drawings for individual structures,
• static or hydraulic verifications,
• EIA report,,
• Generally understandable, non-technical summary of the EIA report
• Landscape conservation plan,
• Expert contribution on species protection,
• Technical contribution to the Water Framework Directive,
• FFH impact assessment,
• Land acquisition plan in scale, section and type of technical site plan,
• Land acquisition register.

Depending on the individual case, further documents may also have to be submitted. The GDWS will coordinate the type and scope of further documents with you during the application process.

You do not have to observe any deadlines when submitting your application. The GDWS may set deadlines for the submission of additional documents.

The deadline for submitting objections and comments from privately affected parties and associations is between 1 and 3 months for procedures with EIA and 2 weeks for procedures without EIA after the end of the public display of the planning documents. The applicable deadline is specified in the announcement of the plan presentation by the planning approval authority.

The authorities must submit their comments within a period set by the planning approval authority, which may not exceed 3 months. The authorities will be contacted by the planning approval authority.

• § Section 14 of the Federal Waterways Act (WaStrG)
• §§ Sections 72 to 78 of the Administrative Procedure Act (VwVfG)
• Environmental Impact Assessment Act (UVPG)
• Preparation of Measures Act (MgvG)
• Number 1, 2, 4, 5 and 8 Schedule of fees and expenses of the BMVI Waterways and Shipping Special Fees Ordinance (BMVI-WS-BGebV)

• Objection to individual procedural results
  • You will find information on how to lodge an appeal in the notification of your application.
• Appeal to the Higher Administrative Court
  

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: No

Online services available: Yes

The following information is provided: The type of procedure carried out can be changed by the authorities during the ongoing process.

09.03.2023