Equipment and machinery noise protection; application for a derogation

If the operation of noisy machinery and equipment outside the permitted times is absolutely necessary for important reasons, an exemption may be granted in individual cases.

Description

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, devices and machines may not be used in

  • pure, general and special residential areas,
  • small residential areas,
  • special recreational areas,
  • spa and clinic areas as well as
  • on the grounds of hospitals and nursing homes

may not be operated outdoors on Sundays or public holidays and on working days between 8:00 p.m. and 7:00 a.m..

This also applies to motor-driven devices such as lawn mowers, hedge trimmers, chain saws, scarifiers and similar devices.

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 stage II permissible sound power level requirements in Article 12 of Directive 2000/14/EC.

These may also be used between

  • 7:00 a.m. and 9:00 a.m,
  • 13:00 and 15:00 and
  • 17:00 and 20:00

and 8 p.m.

The competent authority may allow exceptions to the operating time restrictions in individual cases.

Anyone who uses noisy 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 night-time 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 exceptional permit is also generally not required for construction sites on roads and railways of supra-regional importance, e.g. federal trunk roads (federal motorways and federal roads with local crossings) and railways of federal railways.

Prerequisites

  • Work cannot be carried out during the permitted times for understandable reasons
  • Work is in the public interest

Procedure

The application to the municipality can be made informally. It should be stated why a deviation from the specified times is necessary.

Special notes

Anyone who operates equipment and machinery without the required exemption is committing an administrative offence (§ 9 Para. 2 No. 1 of the 32 BImSchV), which can be punished with a fine of up to 2,500 euros.

Deadlines

If an exemption is required, the relevant 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).

Fees

  • 50 to 6,000 EUR

Status: 31.07.2021

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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