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Raise objections to planned federal railroad construction projects and submit comments

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

Federal railroad operating facilities may only be built, modified or dismantled with the approval of the Federal Railway Authority. If your rights or interests are affected by the planned project, you can notify us.

Railroad operating facilities may only be built, modified or dismantled with the approval of the Federal Railway Authority (EBA).

Railroad operating facilities include, for example

  • Rail tracks
  • Engineering structures such as
    • bridges
    • tunnels
    • culverts
  • Earthworks such as
    • dams
    • cuttings
    • embankments
  • Signal, safety and telecommunications installations
  • Stations
  • Stopping points

If you are a private individual, organization or company and would like to raise an objection:

The planning documents for the construction project will be on public display for one month.

During this time, you can obtain information about the planned construction project. You can check whether the construction project affects your rights or interests worthy of protection, for example through the threat of noise pollution:

  • noise pollution
  • impairment of property
  • health hazards

You can then submit an objection to the construction project to the EBA in which you describe the feared impairment.

If you are a recognized environmental or nature conservation association and would like to submit a statement:

You can find out about the planning documents for the construction project and check them with regard to:

  • Nature conservation
  • environmental protection
  • Landscape conservation

In a statement, you can comment on whether the planned project is compatible with the statutory regulations in these areas.

As an affected authority or other public authority, you will be informed individually about the project. You check whether the planned construction project has any potential impact on your area of responsibility under public law. If this is the case, you can submit a statement to the EBA.


Process flow

Public participation is part of the planning approval procedure (PFV), which proceeds as follows:

  • Application:
    • The project sponsor (VHT) submits an application for its infrastructure project via the federal government's online service and submits all the necessary documents there.
  • Involvement of the authorities:
    • The planning approval authority informs the authorities whose areas of responsibility are affected by the project.
  • Publication and interpretation
    • The planning approval authority informs the public that the planning documents are on display.
    • The planning documents are published on the "Application and Participation Portal for Transport and Offshore Projects".
  • Comments and objections
    • Persons, organizations and associations affected by the construction project can submit objections and comments online or informally within a specified period.
    • The comments and objections submitted will be sent to the VHT for response after the deadline has expired.
  • Discussion meeting
    • The objections and comments are discussed. Those who have raised objections or submitted comments will be 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.
    • If the interests of individuals 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 will be informed. There is another opportunity to submit objections and comments.
    • In the case of extensive plan amendments, the consultation procedure is repeated.
  • 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 VHT 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 planning documents are published and displayed in the affected municipalities.
      • Notification, display and publication of the display of the PFB can also take place by publishing the decision with information on legal remedies and the established plan for 2 weeks on the "Application and Participation Portal for Transport and Offshore Projects".
      • The enacting part of the planning approval decision, the deadline for appeals and a reference to the publication on the application and participation portal will also be published in the local daily newspapers in whose circulation area the project is likely to have an impact.
  • 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 final.

If you submit objections and comments online as part of the public participation process:

  • Go to the website of the "Application and Participation Portal for Transport and Offshore Projects of the Federal Government".
  • Log in as a natural person using your ID card with online ID function, your electronic residence permit or the European eID.
  • If you are a legal entity, association, authority or public body, you can log in using your "My company account".
  • You can formulate your objection or statement in a free text field and submit it digitally.
  • You can upload and send documents as a PDF or 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 to the EBA by post or fax.
  • The EBA will check your documents and may contact you if there are any questions or if further documents are required.

If you submit objections and comments by post or fax as part of the public participation process:

  • Send your objections or comments informally to the EBA.
  • You will not receive a confirmation of receipt.
  • The EBA will check your submission and contact you if further documents are required.
Requirements
  • to submit an objection:
    • You are affected by the planned construction project, for example:
      • in your rights
      • in your legally protected interest
      • in an interest
        • of an economic nature
        • of a professional nature
        • of a non-material nature
        • of a health nature
  • to submit a statement:
    • You are legally recognized as an environmental or nature conservation association.
    • As a public authority or other representative of public interests, the building project affects your area of responsibility under public law.
Which documents are required?
  • Objection or statement with your name and address
    • You can submit further documents to explain the facts.
    • In individual cases, the Federal Railway Authority (EBA) may request additional evidence from you.
  • For representation: Power of attorney
What are the fees?

Fee: free of charge

What deadlines do I have to pay attention to?

You can view the planning documents for a period of one month on the "Application and Participation Portal for Transport and Offshore Projects".

Consultation period: 2 Weeks
Als Einwenderin oder Einwender und als anerkannte Umwelt- und Naturschutzvereinigung können Sie in der Regel bis 2 Wochen nach Ende der Auslegung der Planunterlagen Ihre Einwendungen und Stellungnahmen einreichen.

Consultation period: 4 Weeks

Consultation period: 3 Months

Processing duration

The duration of the planning approval procedure is influenced by factors such as

  • the type and scope of the project
  • the quality of the planning documents
  • the number and content of objections and comments
  • statutory procedural regulations
Legal basis
Appeal
  • Action before the administrative court
Weiterführende Informationen
Author
Forwarding service: Deep link to the original portal

Federal Railway Authority (EBA)

The text was automatically translated based on the German content.

Teaser

Federal railroad operating facilities may only be built, modified or dismantled with the approval of the Federal Railway Authority. If your rights or interests are affected by the planned project, you can notify us.

Process flow

Public participation is part of the planning approval procedure (PFV), which proceeds as follows:

  • Application:
    • The project sponsor (VHT) submits an application for its infrastructure project via the federal government's online service and submits all the necessary documents there.
  • Involvement of the authorities:
    • The planning approval authority informs the authorities whose areas of responsibility are affected by the project.
  • Publication and interpretation
    • The planning approval authority informs the public that the planning documents are on display.
    • The planning documents are published on the "Application and Participation Portal for Transport and Offshore Projects".
  • Comments and objections
    • Persons, organizations and associations affected by the construction project can submit objections and comments online or informally within a specified period.
    • The comments and objections submitted will be sent to the VHT for response after the deadline has expired.
  • Discussion meeting
    • The objections and comments are discussed. Those who have raised objections or submitted comments will be 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.
    • If the interests of individuals 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 will be informed. There is another opportunity to submit objections and comments.
    • In the case of extensive plan amendments, the consultation procedure is repeated.
  • 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 VHT 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 planning documents are published and displayed in the affected municipalities.
      • Notification, display and publication of the display of the PFB can also take place by publishing the decision with information on legal remedies and the established plan for 2 weeks on the "Application and Participation Portal for Transport and Offshore Projects".
      • The enacting part of the planning approval decision, the deadline for appeals and a reference to the publication on the application and participation portal will also be published in the local daily newspapers in whose circulation area the project is likely to have an impact.
  • 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 final.

If you submit objections and comments online as part of the public participation process:

  • Go to the website of the "Application and Participation Portal for Transport and Offshore Projects of the Federal Government".
  • Log in as a natural person using your ID card with online ID function, your electronic residence permit or the European eID.
  • If you are a legal entity, association, authority or public body, you can log in using your "My company account".
  • You can formulate your objection or statement in a free text field and submit it digitally.
  • You can upload and send documents as a PDF or 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 to the EBA by post or fax.
  • The EBA will check your documents and may contact you if there are any questions or if further documents are required.

If you submit objections and comments by post or fax as part of the public participation process:

  • Send your objections or comments informally to the EBA.
  • You will not receive a confirmation of receipt.
  • The EBA will check your submission and contact you if further documents are required.

Requirements

  • to submit an objection:
    • You are affected by the planned construction project, for example:
      • in your rights
      • in your legally protected interest
      • in an interest
        • of an economic nature
        • of a professional nature
        • of a non-material nature
        • of a health nature
  • to submit a statement:
    • You are legally recognized as an environmental or nature conservation association.
    • As a public authority or other representative of public interests, the building project affects your area of responsibility under public law.

Which documents are required?

  • Objection or statement with your name and address
    • You can submit further documents to explain the facts.
    • In individual cases, the Federal Railway Authority (EBA) may request additional evidence from you.
  • For representation: Power of attorney

What are the fees?

Fee: free of charge

What deadlines do I have to pay attention to?

You can view the planning documents for a period of one month on the "Application and Participation Portal for Transport and Offshore Projects".

Consultation period: 2 Weeks
Als Einwenderin oder Einwender und als anerkannte Umwelt- und Naturschutzvereinigung können Sie in der Regel bis 2 Wochen nach Ende der Auslegung der Planunterlagen Ihre Einwendungen und Stellungnahmen einreichen.

Consultation period: 4 Weeks

Consultation period: 3 Months

Processing duration

The duration of the planning approval procedure is influenced by factors such as

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

Legal basis

Appeal

  • Action before the administrative court

Weiterführende Informationen

Author

Forwarding service: Deep link to the original portal

Federal Railway Authority (EBA)

The text was automatically translated based on the German content.

Further information and offers