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Submitting objections and comments on measures in the area of federal trunk roads

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

If you have objections and comments on a planned change or new construction of a highway or federal road, you can submit these to the authority responsible for the project as part of the planning approval procedure.

Before freeways and federal highways under federal administration can be newly built or structurally altered, the construction project must be approved by the Federal Highway Authority (FBA) as part of a planning approval procedure. In the federal states of Bavaria, Baden-Württemberg, Hesse and Hamburg, projects must be approved by the respective planning approval authority as part of the planning approval procedure.

Within this procedure, the public is also informed about the publication of the plans. Before planning permission is granted, the public can therefore inspect the planning documents for the planned construction project for a legally stipulated period. The public can then participate by submitting objections and comments.

Public participation

The following generally applies:

  • Objections can be submitted by persons or organizations whose interests are affected by the project.
  • Statements can be submitted by recognized associations, for example environmental and nature conservation associations.
  • Statements can also be submitted by public bodies.

Objections

You can inform yourself about the project within the specified time and check whether your interests are affected by the planned construction project, for example by the threat of noise or environmental pollution.

If the FBA is conducting the procedure, you can submit your objection as follows:

  • by post,
  • via the application and participation portal for federal transport and offshore projects,
  • electronically by simple e-mail

Further information can be found in the announcement.

In the federal states of Bavaria, Baden-Württemberg, Hesse and Hamburg, you can submit your objections by post to the relevant planning approval authority.

Your objection must clearly state the concern asserted and the extent of the impairment. You must also state your name and address. If you send your objection by letter, you must sign it.

Statements

In addition to public interest bodies, recognized environmental and nature conservation associations can also inspect the planning documents and submit their comments.

Public interest bodies can be, for example, the municipalities affected by the project and the authorities and utility companies affected in their area of responsibility.


Process flow

General process of the planning approval procedure at the FBA:

  • Preliminary coordination:
    • Application consultations take place between the project developer and the FBA.
  • Application:
    • An application to carry out the plan approval procedure is submitted by the project sponsor via the federal government's online service.
  • Hearing procedure:
    • In the consultation procedure, public bodies are invited to comment. The public is also given the opportunity to submit any concerns or suggestions for changes.
  • Announcement of the publication of the plan:
    • The FBA arranges for the announcement in the "Application and Participation Portal for Transport and Offshore Projects" and additionally in local daily newspapers in whose circulation area the project is likely to have an impact.
  • Publication of the plan:
    • The plan is published for inspection in the "Application and Participation Portal for Transport and Offshore Projects".
  • Submission of objections and comments:
    • Objections and comments are submitted as part of the public participation process. The public involved includes those affected by the project as well as recognized environmental and nature conservation associations.
  • Discussion meeting:
    • The planning approval authority decides on the basis of the objections and comments whether a hearing is necessary.
  • If a hearing is held, the objections and comments received in good time are discussed together with
    • the project developer,
    • the public agencies,
    • the affected parties and
    • the associations.
  • Plan amendments 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 consultation procedure must be carried out again.
  • Planning approval decision:
    • All interests are weighed up by the planning approval authority and taken into account in the planning approval decision.
    • The project sponsor receives conditions.
  • Publication of the planning approval decision:
    • The planning approval decision is announced to the parties involved in the procedure.
  • Legal action:
    • An action can be filed against a planning approval decision.
  • Final plan:
    • If no action is brought against the planning approval decision, the plans become binding and construction can begin.

Public participation during a planning approval procedure:

  • The public and private rights and interests affected are determined during the planning approval procedure.
  • The FBA arranges for the announcement
    • in the "Application and participation portal for transport and offshore projects" and
    • in local daily newspapers in whose circulation area the project is likely to have an impact.
  • The planning documents are then published in the "Application and Participation Portal for Transport and Offshore Projects" for inspection.
  • At the request of interested parties, an easily accessible access option will be made available.
    • Requests must be addressed to the consultation authority during the participation period.
  • Public interest bodies are requested to submit a statement within a specified period.
  • If your interests are affected by the project, you can raise objections within a specified period.
    • In principle, you can submit objections within the publication period and two weeks thereafter.
    • If an environmental impact assessment has to be carried out for the project, the deadline is 1 month. Please note the deadline stated in the publication notice.
  • Recognized environmental and nature conservation associations can view the documents via the application and participation portal for transport and offshore projects and submit their comments within the specified period.
  • You can submit your objection to the FBA as follows
    • in writing by post
    • online via the application and participation portal for transport and offshore projects or
    • by simple e-mail

Submit objections and comments online (FBA):

  • Go to the website of the Application and Participation Portal for Transport and Offshore Projects of the Federal Government and log in to the portal.
    • If you are a legal entity, log in using your ELSTER company account with your ELSTER certificate.
    • If you are a natural person, log in to BundID with your new identity card, electronic residence permit or European eID.
  • In the online service, you can enter your details step by step and submit your objection or statement digitally. Complete the form in full.
  • You can upload and send documents, for example as a PDF file. You will receive an automatic confirmation of receipt.
  • The FBA will check your documents and contact you if there are any questions or additional submissions are required.

Submit objections and comments by post:

  • Send your objection or statement by post to the hearing authority. The hearing authority will check your documents and may contact you if there are any questions or if further submissions are necessary. You will not receive a confirmation of receipt.

What happens to your objections and comments?

  • All objections raised and comments submitted on time are deemed to be upheld during the approval procedure as long as they are not expressly withdrawn by you.
  • The objection or statement submitted by you will be sent to the developer for response.
  • If necessary, the objections and comments will be dealt with at a hearing.

When does a hearing take place?

  • After reviewing the objections and comments received, the hearing authority decides whether a hearing will take place. In certain cases, a hearing may be dispensed with.
  • If the FBA schedules a hearing, it will be publicly announced via the "Application and Participation Portal for Transport and Offshore Projects". The hearing is generally not open to the public.
  • The hearing may take place in person or in whole or in part in digital format. This will be specified in the announcement.

You have received an invitation to the public hearing:

  • You will receive an individual invitation to the public hearing. If you have submitted an objection or statement, you will receive the developer's response with the invitation.

What happens if planning documents that have already been laid out are amended?

  • The project developer can apply for a plan amendment during the ongoing approval procedure.
  • A plan amendment may be necessary in particular if legal requirements change, additional expert opinions have been obtained or findings from the discussion meeting make this necessary.
  • Depending on the type of procedure and the scope of the changes, this may result in renewed public participation or a direct participation procedure.

What happens after the consultation procedure has been completed:

  • Once the consultation procedure has been completed, a decision on the construction project is then made on this basis in a planning law decision. This involves weighing up the public interests, the justification for the plan and the conflicting interests.
  • The respective planning law decision is announced to all parties involved in the procedure in accordance with the statutory provisions.
Requirements
  • If you as a person or organization wish to submit an objection, your interests must be affected by the planned project.
    • Your objection must identify the concerns asserted and the extent of the impact.
    • If you wish to submit objections for several people on signature lists or in the form of duplicated texts with the same wording, please note the special requirements prescribed by law. These can be found in the announcement of the project.
  • Comments can be submitted by
    • Public interest bodies
    • Recognized environmental and nature conservation associations
Which documents are required?
  • Objection or statement with your name and address
    • You are not obliged to submit supporting documents, but you can do so voluntarily to explain the facts.
    • In individual cases, the FBA may request additional evidence from you if this is necessary for the assessment of your objection or statement.
What are the fees?

Fee: free of charge
Es fallen keine Kosten an.

What deadlines do I have to pay attention to?

An action against a planning approval decision or planning permission can be brought before the competent court within one month of service.

Consultation period: 2 Weeks
Grundsätzlich können Sie Einwendungen innerhalb der Veröffentlichungsdauer und 2 Wochen danach abgeben.

Consultation period: 1 Month

Processing duration

Processing time: 1 - 3 Years
Die Dauer des behördlichen Verfahrens ist einzelfallabhängig. Die Bearbeitungsdauer wird unter anderem beeinflusst durch - Art und Umfang des Vorhabens, - die Qualität der Planunterlagen, - Zahl und Inhalt der Einwendungen und Stellungnahmen sowie - gesetzliche Verfahrensvorschriften.

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.
Weiterführende Informationen
Author
Forwarding service: Deep link to the original portal

Federal Highway Authority (FBA)

The text was automatically translated based on the German content.

Teaser

If you have objections and comments on a planned change or new construction of a highway or federal road, you can submit these to the authority responsible for the project as part of the planning approval procedure.

Process flow

General process of the planning approval procedure at the FBA:

  • Preliminary coordination:
    • Application consultations take place between the project developer and the FBA.
  • Application:
    • An application to carry out the plan approval procedure is submitted by the project sponsor via the federal government's online service.
  • Hearing procedure:
    • In the consultation procedure, public bodies are invited to comment. The public is also given the opportunity to submit any concerns or suggestions for changes.
  • Announcement of the publication of the plan:
    • The FBA arranges for the announcement in the "Application and Participation Portal for Transport and Offshore Projects" and additionally in local daily newspapers in whose circulation area the project is likely to have an impact.
  • Publication of the plan:
    • The plan is published for inspection in the "Application and Participation Portal for Transport and Offshore Projects".
  • Submission of objections and comments:
    • Objections and comments are submitted as part of the public participation process. The public involved includes those affected by the project as well as recognized environmental and nature conservation associations.
  • Discussion meeting:
    • The planning approval authority decides on the basis of the objections and comments whether a hearing is necessary.
  • If a hearing is held, the objections and comments received in good time are discussed together with
    • the project developer,
    • the public agencies,
    • the affected parties and
    • the associations.
  • Plan amendments 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 consultation procedure must be carried out again.
  • Planning approval decision:
    • All interests are weighed up by the planning approval authority and taken into account in the planning approval decision.
    • The project sponsor receives conditions.
  • Publication of the planning approval decision:
    • The planning approval decision is announced to the parties involved in the procedure.
  • Legal action:
    • An action can be filed against a planning approval decision.
  • Final plan:
    • If no action is brought against the planning approval decision, the plans become binding and construction can begin.

Public participation during a planning approval procedure:

  • The public and private rights and interests affected are determined during the planning approval procedure.
  • The FBA arranges for the announcement
    • in the "Application and participation portal for transport and offshore projects" and
    • in local daily newspapers in whose circulation area the project is likely to have an impact.
  • The planning documents are then published in the "Application and Participation Portal for Transport and Offshore Projects" for inspection.
  • At the request of interested parties, an easily accessible access option will be made available.
    • Requests must be addressed to the consultation authority during the participation period.
  • Public interest bodies are requested to submit a statement within a specified period.
  • If your interests are affected by the project, you can raise objections within a specified period.
    • In principle, you can submit objections within the publication period and two weeks thereafter.
    • If an environmental impact assessment has to be carried out for the project, the deadline is 1 month. Please note the deadline stated in the publication notice.
  • Recognized environmental and nature conservation associations can view the documents via the application and participation portal for transport and offshore projects and submit their comments within the specified period.
  • You can submit your objection to the FBA as follows
    • in writing by post
    • online via the application and participation portal for transport and offshore projects or
    • by simple e-mail

Submit objections and comments online (FBA):

  • Go to the website of the Application and Participation Portal for Transport and Offshore Projects of the Federal Government and log in to the portal.
    • If you are a legal entity, log in using your ELSTER company account with your ELSTER certificate.
    • If you are a natural person, log in to BundID with your new identity card, electronic residence permit or European eID.
  • In the online service, you can enter your details step by step and submit your objection or statement digitally. Complete the form in full.
  • You can upload and send documents, for example as a PDF file. You will receive an automatic confirmation of receipt.
  • The FBA will check your documents and contact you if there are any questions or additional submissions are required.

Submit objections and comments by post:

  • Send your objection or statement by post to the hearing authority. The hearing authority will check your documents and may contact you if there are any questions or if further submissions are necessary. You will not receive a confirmation of receipt.

What happens to your objections and comments?

  • All objections raised and comments submitted on time are deemed to be upheld during the approval procedure as long as they are not expressly withdrawn by you.
  • The objection or statement submitted by you will be sent to the developer for response.
  • If necessary, the objections and comments will be dealt with at a hearing.

When does a hearing take place?

  • After reviewing the objections and comments received, the hearing authority decides whether a hearing will take place. In certain cases, a hearing may be dispensed with.
  • If the FBA schedules a hearing, it will be publicly announced via the "Application and Participation Portal for Transport and Offshore Projects". The hearing is generally not open to the public.
  • The hearing may take place in person or in whole or in part in digital format. This will be specified in the announcement.

You have received an invitation to the public hearing:

  • You will receive an individual invitation to the public hearing. If you have submitted an objection or statement, you will receive the developer's response with the invitation.

What happens if planning documents that have already been laid out are amended?

  • The project developer can apply for a plan amendment during the ongoing approval procedure.
  • A plan amendment may be necessary in particular if legal requirements change, additional expert opinions have been obtained or findings from the discussion meeting make this necessary.
  • Depending on the type of procedure and the scope of the changes, this may result in renewed public participation or a direct participation procedure.

What happens after the consultation procedure has been completed:

  • Once the consultation procedure has been completed, a decision on the construction project is then made on this basis in a planning law decision. This involves weighing up the public interests, the justification for the plan and the conflicting interests.
  • The respective planning law decision is announced to all parties involved in the procedure in accordance with the statutory provisions.

Requirements

  • If you as a person or organization wish to submit an objection, your interests must be affected by the planned project.
    • Your objection must identify the concerns asserted and the extent of the impact.
    • If you wish to submit objections for several people on signature lists or in the form of duplicated texts with the same wording, please note the special requirements prescribed by law. These can be found in the announcement of the project.
  • Comments can be submitted by
    • Public interest bodies
    • Recognized environmental and nature conservation associations

Which documents are required?

  • Objection or statement with your name and address
    • You are not obliged to submit supporting documents, but you can do so voluntarily to explain the facts.
    • In individual cases, the FBA may request additional evidence from you if this is necessary for the assessment of your objection or statement.

What are the fees?

Fee: free of charge
Es fallen keine Kosten an.

What deadlines do I have to pay attention to?

An action against a planning approval decision or planning permission can be brought before the competent court within one month of service.

Consultation period: 2 Weeks
Grundsätzlich können Sie Einwendungen innerhalb der Veröffentlichungsdauer und 2 Wochen danach abgeben.

Consultation period: 1 Month

Processing duration

Processing time: 1 - 3 Years
Die Dauer des behördlichen Verfahrens ist einzelfallabhängig. Die Bearbeitungsdauer wird unter anderem beeinflusst durch - Art und Umfang des Vorhabens, - die Qualität der Planunterlagen, - Zahl und Inhalt der Einwendungen und Stellungnahmen sowie - gesetzliche Verfahrensvorschriften.

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.

Weiterführende Informationen

Author

Forwarding service: Deep link to the original portal

Federal Highway Authority (FBA)

The text was automatically translated based on the German content.

Further information and offers