Special use of roads outside the locality - applying for permission

Anyone can use the public roads for traffic within the scope of their dedication and the traffic authority regulations. This is referred to as public use.

If public roads are to be used beyond this, i.e. for something other than traffic, a special use permit is usually required.

Examples of special use are:

economic or commercial activities (e.g. the sale of goods of all kinds on a pedestrian walkway)
Use of the airspace above the street (e.g. by an advertising installation or a vending machine)
Use of a private driveway or private access from the street to a private property

'Other use' is the use of the roads in a way that has little or no impact on traffic. This includes, for example, the use of the verge or road embankment for the laying of cables, pipes.
Other use is governed by civil law and requires the conclusion of a use agreement, for which the responsible road authority, i.e. the road construction authority, is responsible.

Prerequisite

You want to use a road or parts of it for something other than normal traffic.

Responsible department

The road construction authority (outside built-up areas) is

for federal motorways: the Federal Highway Authority (Fernstraßenbundesamt) based in Leipzig
for federal, state and district roads: the district authority or, in urban districts, the municipal authority
for municipal roads: the municipality

Procedure

You must apply for the special use permit in writing.

Use the application form provided for this purpose. You can obtain it from the responsible office or, depending on the offer, it can be downloaded from the Internet.

The competent authority checks the effects of the special use on the normal use of the street. For example, it is important to determine whether

the special use interferes too much with the public use of others,
pedestrians or residents are inconvenienced by noise, or
the street is excessively polluted.

After the examination, you will receive a notice of approval or a notice of refusal.

The competent authority limits the permit in time or grants it revocably.

It may attach conditions and requirements.

Deadlines

None

Required documents

possibly site plan, photos, sketches

Costs

according to the type and extent of the impact on the road
according to the economic interest of the person making the application

Miscellaneous

In the following cases, a separate special use permit is not required:

You require a special permit under road traffic law for the use.
You want to use the road in connection with a facility that requires a building permit.

Appeal

Objection
Action before the administrative court

Release note

26.05.2023 Verkehrsministerium Baden-Württemberg