responsibility finder
Schleswig-Holstein

Apply for planning approval for measures in the area of federal trunk roads

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Freeways and federal highways under federal administration may only be built or significantly altered with the approval of the Federal Highway Authority (FBA). Approval is granted by the FBA under certain conditions as part of the planning law procedure.

Federal trunk roads, i.e. freeways and federal highways under federal administration, may only be built or modified if you have received prior approval from the Federal Highway Authority (FBA). Your project is examined in the planning law procedure. To do this, you submit an application to the FBA.

Federal trunk roads include in particular

  • the carriageway,
  • the road substructure
  • bridges, tunnels, culverts, embankments, ditches, drainage systems, embankments, retaining walls, noise protection systems, hard shoulders and separation areas,
  • traffic and protective facilities,
  • the planting,
  • wall installations,
  • farmsteads and
  • ancillary facilities and rest areas on federal highways.

Even if existing federal highways are to undergo significant structural changes, a planning law procedure must be carried out beforehand.

Structural changes can be, for example

  • the widening of freeways to add one or more lanes or
  • new exits, highway junctions or
  • changes to the route, for example tunnels.

During the planning approval process, the public and private interests affected by the project are weighed up, including

  • the effective improvement of traffic conditions,
  • the protection of the population from noise and air pollution
  • environmental compatibility
  • economic efficiency,
  • compatibility with regional planning and
  • the rights and interests of third parties.

Responsibility

The FBA is the competent consultation and planning approval authority for freeways, unless the construction project is located in the federal states of Baden-Württemberg, Bavaria, Hesse and Hamburg. The FBA is also responsible for construction projects on federal highways under the responsibility of the federal government in the federal states of Berlin and Bremen.


Process flow

Use the online service to submit your application

  • Call up the federal government's online service "Application and Participation Portal for Transport and Offshore".
  • Log in with the ELSTER company account using 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 PDF file and submit the application. You will receive an automatic confirmation of receipt.
  • The FBA will check your documents and contact you if any additional documents are required.
  • The FBA will send you a notification informing you of the decision on the planning approval.

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

Preliminary consultation:

  • As the project developer, application consultations take place between you and the FBA.

Application:

  • Submit an application for the plan approval procedure via the federal government's online service and submit all the necessary documents there.

Hearing procedure:

  • Once you have submitted all documents in full, all persons affected by the project will be informed during the hearing procedure so that they can raise any concerns or make suggestions for changes.

Publication of the plan:

  • The FBA arranges for the municipalities in which the project is likely to have an impact to display the plan for the public.

Interpretation of the plan:

  • The plan is put on public display in the relevant municipalities for a period of 4 weeks.

Discussion meeting:

  • The FBA decides on the basis of the objections and comments whether a hearing is necessary.
  • If a hearing is scheduled, persons who have submitted objections are invited.

Changes to the planning approval procedure:

  • Plan amendments may be made as a result. All persons affected by the changes will be informed.
  • In the event of extensive changes to the plan, the hearing procedure must be repeated.

Planning approval decision:

  • All interests are weighed up by the planning approval authority and result in the planning approval decision.
  • As the project developer, you will receive conditions. This makes your plans binding and construction can begin.
  • Publication of the planning approval decision:
  • All persons involved in the planning approval procedure are informed about the planning approval decision and the legal remedy.

Legal action:

  • An action can be filed against a planning approval decision.

Final plan:

  • Once the appeal period has expired, the plan approval decision is legal.
Requirements

You can submit applications as a project sponsor in the area of federal trunk roads under federal administration (Autobahn GmbH des Bundes, DEGES on behalf of Autobahn GmbH des Bundes).

Which documents are required?

Your application documents consist of 3 parts:

  • Main application
  • Planning documents, for example
    • Drawings and textual explanations of the project
    • Landscape conservation plan (LBP)
    • Noise reports and reports on the impact on water and soil
  • Supplementary documents and expert opinions
What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

There are no deadlines for project sponsors when submitting applications. Individual deadlines may be imposed by the authorities for subsequent submissions.

Legal basis
Appeal

Action before the Higher Administrative Court or Federal Administrative Court. Further information can be found in the information on legal remedies in the decisions.

Applications / forms

Forms available: No

Written form required: No

Informal application possible: No

Personal appearance necessary: No

Online services available: Yes

What else should I know?

The following information is available:

The type of procedure carried out can be changed by the authorities during the ongoing process. An application guide is provided for the application.

Author
Forwarding service: Deep link to the original portal

Fernstraßen-Bundesamt (FBA)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry for Digital and Transport Affairs (BMDV)

Professionally released on

08.03.2023

Teaser

Freeways and federal highways under federal administration may only be built or significantly altered with the approval of the Federal Highway Authority (FBA). Approval is granted by the FBA under certain conditions as part of the planning law procedure.

Process flow

Use the online service to submit your application

  • Call up the federal government's online service "Application and Participation Portal for Transport and Offshore".
  • Log in with the ELSTER company account using 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 PDF file and submit the application. You will receive an automatic confirmation of receipt.
  • The FBA will check your documents and contact you if any additional documents are required.
  • The FBA will send you a notification informing you of the decision on the planning approval.

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

Preliminary consultation:

  • As the project developer, application consultations take place between you and the FBA.

Application:

  • Submit an application for the plan approval procedure via the federal government's online service and submit all the necessary documents there.

Hearing procedure:

  • Once you have submitted all documents in full, all persons affected by the project will be informed during the hearing procedure so that they can raise any concerns or make suggestions for changes.

Publication of the plan:

  • The FBA arranges for the municipalities in which the project is likely to have an impact to display the plan for the public.

Interpretation of the plan:

  • The plan is put on public display in the relevant municipalities for a period of 4 weeks.

Discussion meeting:

  • The FBA decides on the basis of the objections and comments whether a hearing is necessary.
  • If a hearing is scheduled, persons who have submitted objections are invited.

Changes to the planning approval procedure:

  • Plan amendments may be made as a result. All persons affected by the changes will be informed.
  • In the event of extensive changes to the plan, the hearing procedure must be repeated.

Planning approval decision:

  • All interests are weighed up by the planning approval authority and result in the planning approval decision.
  • As the project developer, you will receive conditions. This makes your plans binding and construction can begin.
  • Publication of the planning approval decision:
  • All persons involved in the planning approval procedure are informed about the planning approval decision and the legal remedy.

Legal action:

  • An action can be filed against a planning approval decision.

Final plan:

  • Once the appeal period has expired, the plan approval decision is legal.

Requirements

You can submit applications as a project sponsor in the area of federal trunk roads under federal administration (Autobahn GmbH des Bundes, DEGES on behalf of Autobahn GmbH des Bundes).

Which documents are required?

Your application documents consist of 3 parts:

  • Main application
  • Planning documents, for example
    • Drawings and textual explanations of the project
    • Landscape conservation plan (LBP)
    • Noise reports and reports on the impact on water and soil
  • Supplementary documents and expert opinions

What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

There are no deadlines for project sponsors when submitting applications. Individual deadlines may be imposed by the authorities for subsequent submissions.

Legal basis

Appeal

Action before the Higher Administrative Court or Federal Administrative Court. Further information can be found in the information on legal remedies in the decisions.

Applications / forms

Forms available: No

Written form required: No

Informal application possible: No

Personal appearance necessary: No

Online services available: Yes

What else should I know?

The following information is available:

The type of procedure carried out can be changed by the authorities during the ongoing process. An application guide is provided for the application.

Author

Forwarding service: Deep link to the original portal

Fernstraßen-Bundesamt (FBA)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry for Digital and Transport Affairs (BMDV)

Professionally released on

08.03.2023

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