responsibility finder
Schleswig-Holstein

Service Description

Process flow

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:
  • Sponsors of the construction project (TdV) submit an application to carry out the planning approval procedure via the federal government's online service and submit all the necessary documents there.
• Publication and interpretation
  • The planning approval authority informs the public that the planning documents will be put on display.
  • The planning documents are 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 are 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 to examine objections and comments. Persons who have submitted objections may be invited to the hearing.
• 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 repeated.
• 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 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.
• Legal action:
  • An action can be filed against a planning approval decision.
• Final plan:
  • Once the appeal period has expired, the planning approval decision is legal.

Requirements

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

Which documents are required?

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,
  • watercourses,
  • 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 need to be submitted. The GDWS will coordinate the type and scope of further documents with you during the application process.

What are the fees?

Fee: 91891,00 - 741162,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Gebühr für die Planfeststellung

Fee: 17909,00 - 68726,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html

Fee: 748,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Gebühr für das Entfallen von Planfeststellung und Plangenehmigung in Fällen von unwesentlicher Bedeutung

Fee: 2781,00 - 13909,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html

Fee: 7196,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html

What deadlines do I have to pay attention to?

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.

Objection deadline: 1 Month
Gegen einen Planfeststellungsbeschluss oder eine Plangenehmigung kann innerhalb eines Monats nach Zustellung Klage beim zuständigen Gericht erhoben werden.

Processing duration

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

Legal basis

• § Section 14 of the Federal Waterways Act (WaStrG)
• §§ Sections 72 to 78 of the Administrative Procedure Act (VwVfG)
• § Section 16 of the Environmental Impact Assessment Act (UVPG)
• Nos. 1, 2, 4, 5 and 8 Schedule of fees and expenses of the BMVI Waterways and Shipping Special Fees Ordinance (BMVI-WS-BGebV)

Appeal

• Appeal against 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
  

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: No

Online services available: Yes

What else should I know?

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

Weiterführende Informationen

• Information on planning approval and public participation in construction projects on federal waterways on the website of the Directorate-General for Waterways and Shipping (GDWS)
• Information on federal waterways on the website of the Directorate-General for Waterways and Shipping (GDWS)

Author

Forwarding service: Deep link to the original portal

Directorate-General for Waterways and Shipping (GDWS)

The text was automatically translated based on the German content.

• Planning approval decision for construction projects in the area of federal waterways Approval
  

  Remark: Display of performance in the source portal