Apply for planning approval for measures in the area of federal trunk roads

If you want to build or modify freeways or federal highways under federal administration, you need the approval of the Federal Highway Authority (FBA).

Freeways and federal highways under federal administration are federal trunk roads. These are subject to special regulations.

You may only build or modify federal trunk roads if you have received prior approval from the Federal Highway Authority (FBA). Your project is examined in the planning law procedure. To do this, you submit an application to the FBA.

Federal trunk roads include in particular

• the carriageway
• the road substructure
• the bridges, tunnels, culverts, embankments, ditches, drainage systems, embankments, retaining walls, noise protection systems, hard shoulders and separation areas
• traffic and protective facilities
• planting
• wall installations
• farmsteads
• ancillary facilities and rest areas on federal highways

Structural changes can be, for example

• Widening of highways by one or more lanes
• New exits, highway interchanges
• Changes to the route, for example 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 population from noise and air pollution
• environmental compatibility
• economic efficiency
• compatibility with regional planning
• the rights and interests of third parties

Responsibility

The FBA is the competent consultation and planning approval authority for freeways, unless the construction project is located in the federal states of Baden-Württemberg, Bavaria, Hesse and Hamburg. The FBA is also responsible for construction projects on federal highways under the responsibility of the federal government in the federal states of Berlin and Bremen.

Your application documents consist of 3 parts:

• Main application
• Planning documents, for example
  • Drawings and textual explanations of the project
  • Landscape conservation plan (LBP)
  • Noise report and expert opinion on the impact on water and soil
• Supplementary documents and expert opinions
  

You can submit applications as a project sponsor in the area of federal trunk roads under federal administration. This includes Autobahn GmbH des Bundes and DEGES on behalf of Autobahn GmbH des Bundes.

• Action before the Higher Administrative Court or Federal Administrative Court.
• Appeal, in particular for the determination or non-determination of the lapse of planning approval and planning permission.
• Further information can be found in the information on legal remedies in the decisions.

Use the online service to submit your application:

• Call up the federal government's online service "Application and participation portal for transport and offshore projects".
• If you are registering there for the first time: Register as a project sponsor.
• Then log in with the ELSTER company account using 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 PDF file and submit the application. You will receive an automatic confirmation of receipt.
• The FBA will check your documents and may contact you if you need to submit additional documents.
• The FBA will send you a notification in which it informs you of the decision on the planning approval.

The application is part of the planning approval procedure. The general procedure is as follows:

Preliminary consultation:

• As the project developer, application consultations take place between you and the FBA.

Application:

• Submit an application for the plan approval procedure via the federal government's online service and submit all the necessary documents there.

Hearing procedure:

• Once you have submitted all the documents in full, the hearing procedure is initiated. This means that public bodies are invited to comment. The public can now submit any concerns or suggestions for changes.

Announcement of the publication of the plan:

• The FBA arranges for the plan to be made public. This is not only done in the "Application and Participation Portal for Transport and Offshore Projects", but also in local daily newspapers in whose circulation area the project is likely to have an impact.

Publication of the plan:

• The plan is published in the "Application and Participation Portal for Transport and Offshore Projects" so that interested parties can view 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 associations.

Response by the project developer:

• If there is a hearing procedure, you must respond to the objections received and comments submitted as part of the public and authority participation.

Hearing date:

• The FBA 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 sponsor, the public agencies, the affected parties and the recognized associations.

Plan amendments to the planning approval procedure:

• Plan amendments may be made as a result. All persons affected by the changes are informed.
• In the event of extensive changes to the plan, the consultation procedure must be repeated.

Planning approval decision:

• The planning approval authority weighs up all the concerns and takes them into account in the planning approval decision.
• As the project developer, you will be subject to conditions.

Publication of the planning approval decision:

• The planning approval decision is announced to the parties involved in the proceedings.

Legal action:

• An action can be filed against a planning approval decision.
• Final plan:
• If no one files a lawsuit against the planning approval decision, your plans become binding and you can begin construction.

Final plan:

• If no one files an action against the planning approval decision, your plans become binding and you can start construction.

There are no deadlines for project sponsors when submitting applications. Individual deadlines may be imposed by the authorities for subsequent submissions.

There are no costs.

The type of procedure carried out can be changed by the authorities during the ongoing process. Application guidelines are provided for the application process.