Road use; application for a special use permit for state and federal roads outside a township
If you want to use federal and state roads outside local thoroughfares 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 what is known as "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.
The assessment of the specific individual case is always decisive. It is therefore advisable to contact the responsible road construction authority in good time.
Access roads to federal and state roads outside of built-up areas 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 state or federal highway outside of a local thoroughfare 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 federal and state roads outside local thoroughfares, the State Construction Offices are responsible.
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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