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Apply for planning approval for projects related to federal waterways

A planning permit is required for construction projects on federal waterways. Construction projects, such as the

  • expansion, 
  • new construction, or
  • removal 

federal waterways must therefore be submitted to the General Directorate for Waterways and Shipping (GDWS) by you, as the project sponsor. 

Upon submission of your application, the GDWS will conduct a planning approval process. During this process, the construction plan is reviewed and the public is fully involved.
Construction projects on federal waterways often affect a wide range of interests and concerns, such as those of 

  • residents, 
  • government agencies and nature conservation organizations, as well as
  • land and water management associations. 

After identifying and weighing the interests and concerns of all stakeholders, the GDWS decides in the planning approval decision whether and how the construction project may be carried out.

For the planning approval process, the GDWS requires a wide range of documents and drawings from you. You must submit these along with your application for planning approval to the GDWS.
 

  • Planning Permission Decision for Projects Under the Federal Waterways Act
  • Planning permits for construction projects on federal waterways must be applied for at the General Directorate for Waterways and Shipping (GDWS). 
  • Application: 
    • must be submitted by the project sponsor.  
    • is reviewed by the GDWS during the planning approval process and approved if appropriate 
    • Required documents:  
      • Cover letter,
      • comprehensive list of all submitted planning documents,
      • explanatory report,
      • site plan,
      • site plan,
      • List of structures,
      • longitudinal section,
      • Cross-sections,
      • Design drawings for individual structures,
      • Structural or Hydraulic Verifications,
      • EIA report,
      • a non-technical summary of the EIA report written in plain language,
      • Landscape Conservation Accompanying Plan,
      • Technical report on species protection,
      • Technical report on the Water Framework Directive,
      • FFH Impact Assessment,
      • Land Acquisition Plan (to scale, showing a section and the type of technical site plan),
      • Land Acquisition List.
  • Duration of the process: 1 to 3 years
  • Costs:
  • Plan approval: 91,891 to 741,162 EUR 
  • Plan approval: 17,909 to 68,726 EUR
  • Responsible authority: General Directorate for Waterways and Shipping (GWDS)
     

To submit an application, you, as the project sponsor, must provide the following documents: 

  • Main application, 
  • Cover letter for the application,
  • Comprehensive list of all submitted planning documents,
  • Explanatory report,
  • site plan,
  • Site plan,
  • List of 
    • roads, 
    • water bodies, 
    • structures, and 
    • other facilities,
  • List of Structures,
  • Longitudinal section,
  • Cross-sections,
  • Design drawings for individual structures,
  • Structural or hydraulic analyses,
  • EIA report,
  • a non-technical summary of the EIA report written in plain language
  • Landscape Conservation Accompanying Plan,
  • Technical report on species protection,
  • Technical report on the Water Framework Directive,
  • Habitat Directive Impact Assessment,
  • Land Acquisition Plan (to scale, showing a section and the type of technical site plan),
  • Land Acquisition Register.

In addition, depending on the specific case, further documents may need to be submitted. The GDWS will coordinate with you regarding the type and scope of any additional documents during the application process.
 

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

Fee: 91891,00 - 741162,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Fee for planning approval
Fee: 17909,00 - 68726,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Fee for Plan Approval
Fee: 748,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Fee for Waiving Planning Approval and Plan Approval in Cases of Minor Significance
Fee: 2781,00 - 13909,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Fee for a preliminary order regarding partial measures for expansion or new construction
Fee: 7196,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmvi-ws-bgebv/anlage.html
Fee for the revocation of the planning approval decision

You can apply for planning permits for construction projects on federal waterways online, by mail, or by fax.

Online Application:

  • Visit the federal government’s online service, the “Application and Participation Portal for Transportation and Offshore.”
  • 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 a file (PDF) and submit the application. You will receive an automatic confirmation of receipt.
    • Alternatively, you can print out the application and send it, along with the required documents, to the GDWS by mail or fax.
  • GDWS will review your documents and contact you if additional documents are required.
  • The GDWS will send you
    • a notice of planning approval for your project or
    • a notice of rejection.
  • In addition, the GDWS will send you a fee notice.
  • You pay the fee.

Application by mail or fax:

  • Send your application documents, along with a cover letter, to the Planning Approval Subdivision of the GDWS.
  • The GDWS will review your documents and contact you if additional documents need to be submitted.
  • The GDWS will send you
    • a notice regarding the planning approval of your project (planning approval decision) or
    • a notice of rejection.
  • In addition, the GDWS will send you a fee notice.
  • You pay the fee.

Submitting the application is part of the planning approval process. The process generally proceeds as follows: 

  • Submission of the application:
    • The project sponsor(s) (TdV) submit an application to initiate the planning approval process via the federal government’s online service and upload all required documents there.  
  • Public Notice and Public Review
    • The planning approval authority announces that the planning documents are available for public review.
    • The planning documents are made available for public review in the municipalities affected by the plan. 
  • Comments and Objections
    • Persons and municipalities affected by the construction project may submit objections and comments within 3 months.
    • After the deadline has expired, the comments and objections will be sent to the TdV for a written response.
  • Public Hearing
    • If necessary, a public hearing will be announced and conducted by the planning approval authority to review objections and comments. Individuals who have submitted objections may be invited to the public hearing.
  • Plan amendments during the planning approval process:
    • This may result in plan amendments. All persons affected by the amendments will be informed. 
    • In the event of extensive plan changes, the public hearing process must be repeated. 
  • Granting of Approval 
    • by the competent state authority. 
  • Plan Approval Decision:
    • All interests are weighed by the planning approval authority, resulting in the planning approval decision (PFB).
    • The PFB is sent to the TdV and affected parties via certified mail.  
    • The PFB and the approved plan documents are published and made available for public review in the affected municipalities.  
  • Legal Action: 
    • A lawsuit may be filed against a planning approval decision. 
  • Final Plan: 
    • Once the appeal period has expired, the planning approval decision becomes legally binding. 

Processing time: 1 - 3 Years
The processing time is influenced by, among other things: the nature and scope of the project, the quality of the planning documents, the number and content of objections and comments, and statutory procedural requirements.

There are no deadlines to observe when submitting your application. The GDWS may set submission deadlines for documents to be submitted later.

The deadline for submitting objections and comments from affected individuals and associations is between 1 and 3 months for procedures involving an EIA, and 2 weeks after the end of the public review period for procedures without an EIA. The applicable deadline is specified in the notice of public review issued by the planning approval authority.

The authorities must submit their comments within a deadline set by the planning approval authority, which may not exceed 3 months. The planning approval authority will notify the authorities in writing. 

Objection deadline: 1 Month
An action may be filed with the competent court against a planning approval decision or a plan approval within one month of service.

  • Appeals Against Individual Procedural Decisions
    • You can find information on how to file an appeal in the decision regarding your application.
  • Lawsuit before the Higher Administrative Court
     

Forms available: No

Written form required: No

Informal application possible: Yes

In-person appearance required: No

Online services available: Yes

Please note the following: The type of procedure being conducted may be changed by the authorities during the course of the proceedings.

Redirect Service: Deep Link to the Original Portal

Directorate General for Waterways and Shipping (GDWS)

The text was automatically translated based on the German content.

Source: Serviceportal Saarland