Apply for planning approval for projects related to federal highways
Highways and federal roads under federal administration are federal highways. These are subject to special regulations.
You may only construct or modify federal highways if you have obtained prior approval from the Federal Highway Authority (FBA). Your project will be reviewed as part of the planning approval process. To do so, you must submit an application to the FBA.
Federal highways include, in particular:
- the roadway
- the road subgrade
- bridges, tunnels, culverts, embankments, ditches, drainage systems, slopes, retaining walls, noise barriers, shoulders, and median strips
- traffic and safety facilities
- landscaping
- Toll facilities
- Service areas
- Ancillary facilities and rest areas on federal highways
Structural modifications may include, for example:
- Widening of highways by one or more lanes
- New exits and interchanges
- Changes to the route, such as tunnels
During the planning approval process, the public and private interests affected by the project are assessed, including:
- the effective improvement of traffic conditions
- protection of the public from noise and air pollution
- environmental compatibility
- economic viability
- compatibility with regional planning
- the rights and interests of third parties
Jurisdiction
The FBA is the competent consultation and planning approval authority for highways, provided that the construction project is not located in the federal states of Baden-Württemberg, Bavaria, Hesse, and Hamburg. In addition, the FBA is responsible for construction projects involving federal highways under the jurisdiction of the federal government in the federal states of Berlin and Bremen.
- New construction or major structural alterations to highways and federal roads under federal administration may only be carried out with a permit
- Permits are granted by the Federal Highway Authority (FBA) under certain conditions as part of the planning approval process
-
Federal highways have been under federal jurisdiction since January 1, 2021
-
Exceptions: Bavaria, Baden-Württemberg, Hesse, and Hamburg (where state jurisdiction continues to apply)
-
Exceptions: Bavaria, Baden-Württemberg, Hesse, and Hamburg (where state jurisdiction continues to apply)
- Section 17 of the Federal Highway Act (FStrG)
- Sections 72 through 78 of the Administrative Procedure Act (VwVfG)
- § 16 of the Environmental Impact Assessment Act (UVPG)
- 2019 Planning Approval Guidelines (PlafeR 19)
- Guidelines for the Planning Process and for the Standardized Formatting of Design Documents in Road Construction, RE 2012 Edition
Your application materials consist of 3 parts:
- Main Application
-
Planning documents, for example
- Drawings and written explanations of the project
- Landscape Conservation Plan (LBP)
- Noise assessment and assessments of the impacts on water bodies and soil
-
Supplementary documents and reports
As a project sponsor, you can submit applications to federal agencies regarding federal highways. These include the Federal Motorway Corporation (Autobahn GmbH des Bundes) and DEGES, acting on behalf of the Federal Motorway Corporation.
There are no costs involved.
To submit your application, use the online service:
- Go to the federal government’s online service, the “Application and Participation Portal for Transportation and Offshore Projects.”
- If this is your first time logging in: Register as a project sponsor.
- Then log in using your ELSTER business account and your ELSTER certificate.
- The Form Management System (FMS) will guide you step by step through the required information. Fill out the application form completely.
- Upload the required documents as PDF files and submit the application. You will receive an automatic confirmation of receipt.
- The FBA will review your documents and, if necessary, contact you if you need to submit additional documents.
- The FBA will send you a notice informing you of the decision regarding planning law approval.
Submitting the application is part of the planning approval process. The process generally proceeds as follows:
Preliminary Coordination:
- As the project sponsor, you will participate in application consultations with the FBA.
Submitting the Application:
- Submit an application to initiate the planning approval process via the federal government’s online service and upload all required documents there.
Public Hearing Process:
- Once you have submitted all documents in full, the public hearing procedure will be initiated. This means that public interest groups will be invited to submit comments. The public may now raise any concerns or propose amendments.
Notice of the Plan’s Publication:
- The FBA arranges for the plan to be made public. This is done not only on the “Application and Participation Portal for Transportation and Offshore Projects,” but also in local daily newspapers within the areas where the project is expected to have an impact.
Publication of the Plan:
- The plan is published on the “Application and Participation Portal for Transportation and Offshore Projects” so that interested parties can review it.
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 organizations.
Response from the project sponsor:
- If a hearing is held, the project sponsor must respond to the objections and comments received during the administrative and public participation process.
Public Hearing:
- The FBA decides, based on the objections and comments, whether a public hearing is necessary.
- If a public hearing is held, the objections and comments received in a timely manner will be discussed together with the project sponsor, the public interest representatives, the affected parties, and the recognized associations.
Plan amendments during the planning approval process:
- This may result in plan amendments. All persons affected by the amendments will be informed.
- In the case of extensive plan changes, the public hearing process must be repeated.
Planning Approval Decision:
- The planning approval authority weighs all interests and takes them into account in the planning approval decision.
- As the project sponsor, you will be subject to certain conditions.
Publication of the Plan Approval Decision:
- The plan approval decision is communicated to the parties involved in the proceedings.
Legal Action:
- A lawsuit may be filed against a planning approval decision.
- Finalized Plan:
- If no one files a lawsuit against the planning approval decision, your plans become binding and you may begin construction.
Final Plan:
- If no one files a lawsuit against the planning approval decision, your plans become binding and you can begin construction.
Processing time: 1 - 3 YearsNote regarding further information on processing time: The duration of the administrative process varies on a case-by-case basis. The following factors may influence the processing time: • Type and scope of the project • Quality of the planning documents • Number and content of objections and comments • Statutory procedural requirements
There are no deadlines for project sponsors to submit applications. For supplementary submissions, the authorities may impose individual deadlines.
Period of validity: 10 YearsYou must begin implementing the plan within 10 years of the date it becomes final; otherwise, it will lapse. However, you may submit a request for an extension to the planning approval authority before the deadline expires. Such an extension may be granted for a maximum of 5 years.
- Action before the Higher Administrative Court or the Federal Administrative Court.
- Objection, in particular, regarding the determination or non-determination that the planning approval and plan authorization are no longer valid.
- Further information is provided in the instructions on legal remedies included in the decisions.
- Information on the planning approval process on the Federal Highway Authority's website
- Overview of the individual phases of the planning approval process on the Federal Highway Authority's website
- Frequently Asked Questions (FAQ) About the Application and Participation Portal for Transportation and Offshore Projects
- Public Participation in Infrastructure Projects at the Federal Level on the Application and Participation Portal for Transportation and Offshore Projects
The type of procedure being carried out may be changed by the authorities during the course of the process. Application guidelines are provided to assist with the application process.
Federal Highway Authority (FBA)
- Planning Permission Decision for Construction Projects on Federal Highways: Approval
Remark: Displaying Performance on the Original Portal
The text was automatically translated based on the German content.
- New construction or major structural alterations to highways and federal roads under federal administration may only be carried out with a permit
- Permits are granted by the Federal Highway Authority (FBA) under certain conditions as part of the planning approval process
-
Federal highways have been under federal jurisdiction since January 1, 2021
-
Exceptions: Bavaria, Baden-Württemberg, Hesse, and Hamburg (where state jurisdiction continues to apply)
-
Exceptions: Bavaria, Baden-Württemberg, Hesse, and Hamburg (where state jurisdiction continues to apply)
- Section 17 of the Federal Highway Act (FStrG)
- Sections 72 through 78 of the Administrative Procedure Act (VwVfG)
- § 16 of the Environmental Impact Assessment Act (UVPG)
- 2019 Planning Approval Guidelines (PlafeR 19)
- Guidelines for the Planning Process and for the Standardized Formatting of Design Documents in Road Construction, RE 2012 Edition
Your application materials consist of 3 parts:
- Main Application
-
Planning documents, for example
- Drawings and written explanations of the project
- Landscape Conservation Plan (LBP)
- Noise assessment and assessments of the impacts on water bodies and soil
-
Supplementary documents and reports
As a project sponsor, you can submit applications to federal agencies regarding federal highways. These include the Federal Motorway Corporation (Autobahn GmbH des Bundes) and DEGES, acting on behalf of the Federal Motorway Corporation.
There are no costs involved.
To submit your application, use the online service:
- Go to the federal government’s online service, the “Application and Participation Portal for Transportation and Offshore Projects.”
- If this is your first time logging in: Register as a project sponsor.
- Then log in using your ELSTER business account and your ELSTER certificate.
- The Form Management System (FMS) will guide you step by step through the required information. Fill out the application form completely.
- Upload the required documents as PDF files and submit the application. You will receive an automatic confirmation of receipt.
- The FBA will review your documents and, if necessary, contact you if you need to submit additional documents.
- The FBA will send you a notice informing you of the decision regarding planning law approval.
Submitting the application is part of the planning approval process. The process generally proceeds as follows:
Preliminary Coordination:
- As the project sponsor, you will participate in application consultations with the FBA.
Submitting the Application:
- Submit an application to initiate the planning approval process via the federal government’s online service and upload all required documents there.
Public Hearing Process:
- Once you have submitted all documents in full, the public hearing procedure will be initiated. This means that public interest groups will be invited to submit comments. The public may now raise any concerns or propose amendments.
Notice of the Plan’s Publication:
- The FBA arranges for the plan to be made public. This is done not only on the “Application and Participation Portal for Transportation and Offshore Projects,” but also in local daily newspapers within the areas where the project is expected to have an impact.
Publication of the Plan:
- The plan is published on the “Application and Participation Portal for Transportation and Offshore Projects” so that interested parties can review it.
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 organizations.
Response from the project sponsor:
- If a hearing is held, the project sponsor must respond to the objections and comments received during the administrative and public participation process.
Public Hearing:
- The FBA decides, based on the objections and comments, whether a public hearing is necessary.
- If a public hearing is held, the objections and comments received in a timely manner will be discussed together with the project sponsor, the public interest representatives, the affected parties, and the recognized associations.
Plan amendments during the planning approval process:
- This may result in plan amendments. All persons affected by the amendments will be informed.
- In the case of extensive plan changes, the public hearing process must be repeated.
Planning Approval Decision:
- The planning approval authority weighs all interests and takes them into account in the planning approval decision.
- As the project sponsor, you will be subject to certain conditions.
Publication of the Plan Approval Decision:
- The plan approval decision is communicated to the parties involved in the proceedings.
Legal Action:
- A lawsuit may be filed against a planning approval decision.
- Finalized Plan:
- If no one files a lawsuit against the planning approval decision, your plans become binding and you may begin construction.
Final Plan:
- If no one files a lawsuit against the planning approval decision, your plans become binding and you can begin construction.
Processing time: 1 - 3 YearsNote regarding further information on processing time: The duration of the administrative process varies on a case-by-case basis. The following factors may influence the processing time: • Type and scope of the project • Quality of the planning documents • Number and content of objections and comments • Statutory procedural requirements
There are no deadlines for project sponsors to submit applications. For supplementary submissions, the authorities may impose individual deadlines.
Period of validity: 10 YearsYou must begin implementing the plan within 10 years of the date it becomes final; otherwise, it will lapse. However, you may submit a request for an extension to the planning approval authority before the deadline expires. Such an extension may be granted for a maximum of 5 years.
- Action before the Higher Administrative Court or the Federal Administrative Court.
- Objection, in particular, regarding the determination or non-determination that the planning approval and plan authorization are no longer valid.
- Further information is provided in the instructions on legal remedies included in the decisions.
- Information on the planning approval process on the Federal Highway Authority's website
- Overview of the individual phases of the planning approval process on the Federal Highway Authority's website
- Frequently Asked Questions (FAQ) About the Application and Participation Portal for Transportation and Offshore Projects
- Public Participation in Infrastructure Projects at the Federal Level on the Application and Participation Portal for Transportation and Offshore Projects
The type of procedure being carried out may be changed by the authorities during the course of the process. Application guidelines are provided to assist with the application process.
Federal Highway Authority (FBA)
- Planning Permission Decision for Construction Projects on Federal Highways: Approval
Remark: Displaying Performance on the Original Portal
The text was automatically translated based on the German content.