Road use; application for special use permit for county, municipal or local thoroughfares.
If you want to use county, municipal or local thoroughfares of county, state or federal roads ("Ortsdurchfahrtsstraßen") not only for traffic purposes, but also for your own interests or commercial activities, you need a special use permit for this.
In principle, the use of public roads and their components is permitted to everyone within the scope of their dedication for traffic (public use). Public use primarily includes traffic in the narrower sense, i.e. in the sense of locomotion, change of location, transport. In the case of certain public roads, especially pedestrian zones, this is supplemented by so-called "communicative public use".
Any use that goes beyond the public use is a special use. A special use permit under public law is required for special uses that are likely to impair the public use.
Special uses on public roads are extremely diverse:
- A special use permit is required, for example, for setting up sales booths, vending stands, vending machines or tables and chairs or bicycle stands, e.g. in front of restaurants.
- The same applies to the use of the street for other commercial purposes, e.g. the distribution of advertising material, the holding of sales talks, the conduct of sales transactions - even without the use of fixed sales and advertising stands as well as musical performances or so-called street art.
- Mere expressions of opinion through the distribution of writings or handbills, through conversations, etc. without technical aids such as information stands or poster stands, on the other hand, generally fall under public use. This is particularly important for political activities.
- Depending on the local conditions, the installation of advertising signs or vending machines projecting into the airspace above the street may also be judged as special use requiring permission.
The decisive factor is always the assessment of the specific individual case. It is therefore advisable to contact the responsible road construction authority in good time.
Access roads to district and municipal roads outside of the built-up area are also considered special uses under public law.
Sports events such as rallies and bicycle races or city festivals also constitute special uses, although no special use permit is required if these already require a permit or exemption under road traffic law.
The same applies to special uses for which a building permit is required under the provisions of building law (e.g. outdoor bar areas, stationary sales stands).
The granting of a special use permit is a discretionary decision; it may only be granted for a limited period of time or on revocation, may be subject to conditions, and is usually associated with the payment of special use fees.
You wish to use a county road, municipal road, or local thoroughfare of a county road, state road, or federal highway not for traffic purposes, but for your own interests or commercial activities.
The application for a special use permit must be submitted to the relevant road construction authority. For district roads, the district or the independent city is responsible, and for municipal roads, the municipality is responsible. The municipality is also generally responsible for special uses within the local thoroughfares of county, state and federal roads.
The documents to be submitted depend on the type of intended use and can range from a mere description to the submission of construction plans. In cases of doubt, please contact the respective competent authority.
Special uses that do not impair public use require permission under private law. This includes, for example, the laying of lines, cables or pipes. The respective road construction authority is also responsible for concluding the corresponding contracts.
The special use permit must be issued prior to the start of use, a timely application (depending on the type of intended use between 2 and 4 weeks in advance) is therefore required.
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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