The maintenance of municipal and district roads, which also includes winter road maintenance, is fundamentally a municipal task. The Free State supports the municipalities, independent cities and districts in financing the costs of maintaining the municipal roads for which they are responsible by granting lump-sum allocations under the Bavarian Fiscal Equalization Act (BayFAG - Gesetz über den Finanzausgleich zwischen Staat, Gemeinden und Gemeindeverbänden). These can also be used to finance the construction or expansion of these municipal roads. Since 2011, the maintenance lump sums have been granted as fixed amounts irrespective of revenue and road length, as the source of funding has also been structured as a non-dynamized fixed amount since the transfer of revenue sovereignty for motor vehicle tax from the federal states to the federal government on July 1, 2009 (motor vehicle tax substitute association). As of January 1, 2015, a review of the amount of all fixed amounts (revision) was carried out and the road maintenance flat rates were updated taking into account the result of this revision. The amount of the lump-sum allocations granted each year is also based on the funds made available for this purpose in the budget.
A distinction is made between the following annual road maintenance lump sums:
1. benefits according to Art. 13a BayFAG.
These are paid to municipalities which
a) are responsible for the construction of roads through towns on federal or state highways in accordance with the provisions of the Federal Highway Act or the Bavarian Roads and Paths Act and therefore have increased maintenance costs, or
b) had a population of more than 5,000 on June 30, 2009 and did not elect allocations pursuant to Art. 13b (2) Sentence 1 in the version applicable until December 31, 2010 by June 30, 2011.
With the discontinuation of the sovereignty of the Länder to levy motor vehicle tax in 2009, it was no longer possible for allocations under Art. 13a BayFAG to be linked to the local motor vehicle tax revenue of the municipality concerned. Since 2011, recipients of benefits under Art. 13a BayFAG have therefore received lump-sum allocations in the form of a fixed amount based on the average of the benefits received under Art. 13a BayFAG in the years 2008 to 2010 and taking into account the result of the audit carried out as of January 1, 2015 and the funds made available in the state budget. Therefore, the fixed amounts can be continued in 2022 at an unchanged level compared to 2021.
2. district road lump sums pursuant to Art. 13b Para. 1 Sentence 1 BayFAG
The counties receive lump-sum allocations for the construction or expansion and maintenance of their county roads on the basis of the allocations granted to them in 2016 for the year 2016. The amount of these lump-sum fixed amounts takes into account both the result of the audit carried out as of January 1, 2015 and the amount of funds made available in the state budget. Therefore, the fixed amounts can be continued in 2022 at the same level as in 2021.
3. Road maintenance subsidies under Art. 13b (2) BayFAG
These are lump-sum state payments for the maintenance of municipal roads (municipal connecting roads and local roads). The funds may also be used for their construction or expansion. Recipients are municipalities that do not meet the requirements of Art. 13a BayFAG. The result of the audit carried out as of January 1, 2015 and the amount of funds made available in the state budget also form the basis for determining the amount of these road maintenance lump sums. Therefore, the fixed amounts can be continued in 2022 at the same level as in 2021.
4. winter road maintenance flat rates pursuant to Art. 13c (1) BayFAG
Since 2008, cities, municipalities and counties that have an above-average winter maintenance burden as a result of climatic conditions have received lump-sum supplements to their road maintenance lump sums under Art. 13a and Art. 13b BayFAG from funds provided under Art. 13c (1) BayFAG. Further details and the group of recipients can be found on the website of the State Ministry of Finance and Home Affairs (see "Further links"). The road maintenance lump sums pursuant to Art. 13a and Art. 13b BayFAG were structured as fixed amounts by the Bavarian Fiscal Equalization Amendment Act 2011. In order to achieve equal treatment with the handling of these road maintenance lump sums, the amount of the winter maintenance lump sums in 2012 ff. was based on the amount of the lump sum granted in 2011.
In 2015, the flat rates for winter maintenance costs, which are designed as fixed amounts, were adjusted in accordance with the result of the review of the fixed amounts carried out on January 1, 2015 for the flat rates for road maintenance pursuant to Art. 13a and Art. 13b BayFAG. In 2022, the winter maintenance flat rates can be continued at the level of 2021.
There is no need to apply for benefits under Articles 13a, 13b (1) and (2) BayFAG or winter maintenance cost allowances under Article 13c (1) BayFAG.
The amount of the lump-sum road maintenance and winter maintenance cost allowances to be granted annually pursuant to Arts. 13a, 13b (1) and (2) BayFAG and Art. 13c (1) BayFAG shall be notified to the governments ex officio by the Bavarian State Ministry of Finance and Home Affairs.
The governments shall thereafter grant the benefits pursuant to Art. 13a and Art. 13b (1) BayFAG by notice and shall pay them on March 15, June 15, September 15 and December 15 in quarterly installments.
The road maintenance subsidies pursuant to Art. 13b (2) BayFAG are approved by the responsible district offices and paid out in one amount on June 15.
The winter road maintenance allowances under Art. 13c (1) BayFAG are approved by the governments and the funds are paid out to district offices and municipalities.