The requested excavation permit will only be granted if the project is subject to approval. Furthermore, the excavation must not conflict with any public law regulations that are to be examined in the approval procedure.
Procedure with or without an environmental impact assessment
The procedure depends in particular on whether or not an environmental impact assessment is to be carried out. The lower excavation authority will carry out such an assessment if you apply for an excavation requiring approval with an excavation area of more than 10 hectares. This also applies to excavations with an excavation area of more than one hectare in a protected area, a national park or a nature reserve. If the excavation area of more than one hectare is located in a biotope, the lower excavation authority also carries out an environmental impact assessment.
The lower excavation authority must be involved in the environmental impact assessment:
- the authorities whose environmental responsibilities are affected by the project, and
- the public.
It is not necessary to involve the neighbors themselves, as they have the opportunity to comment as part of the environmental impact assessment.
However, if none of the above-mentioned cases apply, the lower excavation authority will not carry out an environmental impact assessment. For you, this means that you must first submit the excavation plan to the neighbors of the excavation site for approval before submitting it. Any consent must be given in writing.
- Submit the excavation application with the required documents to the municipality in whose area the excavation site is located, if necessary after involving the neighbors. If the municipality is not itself the lower excavation authority, it forwards the excavation application together with its statement to the lower excavation authority.
Exception: In the area of responsibility of the lower excavation authorities, which are district offices and allow digital submission, you must submit the written application directly to the lower excavation authority. You can find out which district offices these are in Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal basis" tab. If necessary, the lower excavation authority will involve the municipality.
- Submit the application in triplicate using the forms provided.
- An oral application is not possible.
- The lower excavation authority (district offices, independent cities) decides on the application, if necessary after carrying out the environmental impact assessment.
Digital submission of excavation applications is not yet possible throughout Bavaria. This is only possible for certain lower excavation authorities. You can find out which these are in § 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.
- The excavation application can be submitted digitally using the online assistant, if necessary after involving the neighbors.
- The predefined forms are replaced by the queries in the online assistant.
- The excavation plan is uploaded to the online assistant in electronic form (files in PDF format).
- Signatures are replaced by authentication using the "BayernID" user account.
- The digital excavation application is sent directly to the lower excavation authority. If the lower excavation authority is not itself a municipality, it will involve the municipality.
If you do not receive the excavation permit you have applied for, you can file an administrative lawsuit. This must be directed at the granting of the requested excavation permit.
An objection is not possible.