Equipment and machinery noise protection; application for a special permit
If the operation of noisy machinery and equipment outside the times permitted for this purpose is absolutely necessary for important reasons, an exemption may be granted in individual cases.
The Equipment and Machinery Noise Protection Ordinance regulates the use of machinery and equipment in certain sensitive outdoor areas. These regulations are basically aimed at both entrepreneurs and private individuals.
Thus, equipment and machinery may be used in
- Pure, general and special residential areas,
- Small residential areas,
- special areas used for recreation,
- spa and clinic areas, and
- on the grounds of hospitals and nursing homes
may not be operated outdoors on Sundays and public holidays during the entire day and on workdays between 8:00 p.m. and 7:00 a.m..
This also applies to motor-driven equipment such as lawn mowers, hedge trimmers, chain saws, scarifiers and similar equipment.
Special regulations exist for
- brush cutters,
- grass trimmers and grass edge trimmers,
- leaf blowers and leaf collectors,
which do not bear the Community eco-label (European eco-label) or do not comply with the requirements for permissible sound power levels of stage II in Article 12 of Directive 2000/14/EC.
These may also be used during the time between
- 7:00 a.m. and 9:00 a.m,
- 13:00 h and 15:00 h and
- 17:00 and 20:00
The competent authority may allow exceptions to the operating time restrictions in individual cases.
Anyone who uses loud equipment and machinery to avert hazards in the event of severe weather or snowfall or other hazards to people, the environment or property does not require an exemption.
For nighttime work in mixed areas, commercial and industrial areas, an exemption does not have to be applied for if none of the above-mentioned areas is directly affected by the construction work.
An exemption is also not required for construction sites on roads and railroads of supra-regional importance, e.g. federal highways (federal freeways and federal roads with through-town routes) and railroads of federal railroads.
- Work cannot be carried out during the permitted times for understandable reasons
- Work is in the public interest
The application to the municipality can be made informally. It should be stated why a deviation from the specified times is necessary.
Anyone operating equipment and machinery without the required exemption is committing an administrative offense (§ 9 Para. 2 No. 1 of the 32 BImSchV), which can be punished with a fine of up to 2,500 euros.
If an exceptional approval is required, the corresponding application must in any case be submitted in good time (one week before the start of the measure, in the case of extensive measures two weeks before the start).
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited