Individual road construction measures in districts or municipalities are subsidized insofar as they compensate for a particular burden or reduce hardship.
The following projects can be funded from the Bavarian Fiscal Equalization Act (Art. 13c Para. 1 Bavarian Fiscal Equalization Act - BayFAG):
a) Construction or expansion of
- District and municipal roads,
- local thoroughfares in the course of federal, state and district roads in the charge of municipalities, as well as sidewalks and/or bike paths, if their construction charge lies with the municipality according to Art. 5 Para. 3 of the Federal Highway Act (FStrG) or Art. 42 Para. 3 of the Bavarian Roads and Paths Act (BayStrWG),
- dependent footpaths and cycle paths on federal, state and district roads which are urgently required for reasons of road safety, insofar as the costs are borne by municipalities because the road authority refuses to carry them out at its own expense,
- independent footpaths and cycle paths within the meaning of Art. 53 No. 2 BayStrWG, which are urgently required in particular for reasons of traffic safety,
- crossing measures in accordance with the Railway Crossing Act (EKrG) and the Federal Waterways Act (WaStrG), insofar as the aforementioned eligible projects are involved,
- public interchange parking spaces on roads to reduce motorized individual traffic, provided they are made available to users free of charge or the fees charged merely cover operating costs.
Interchange parking spaces with public transport are subsidized in accordance with the guidelines for the granting of subsidies by the Free State of Bavaria for local public transport (RZÖPNV).
b) Expansion of public field and forest roads in municipal charge according to Art. 53 No. 1 BayStrWG in the width and pavement necessary for a mixed use of agricultural and forestry traffic with pedestrian and bicycle traffic, as far as this makes the construction of a necessary
pedestrian and bicycle path superfluous.
Construction is the same as new construction. Expansion means a structural change to existing traffic routes in terms of location, cross-section or load-bearing capacity, which is urgently required to improve traffic conditions. This includes, among other things, the construction of traffic signals at intersections and an increase in the load-bearing capacity ("substance increase") of engineering structures.
Insofar as construction projects are development facilities in accordance with §§ 127 ff. of the German Building Code (BauGB), only the costs that are not attributable to development expenditure can be subsidized.
Funding may be granted to districts, municipalities and municipal associations with legal capacity if they are
- are responsible for the construction of the eligible roads, independent footpaths and cycle paths, public field and forest paths or interchange parking areas, or
- bear the costs of the construction or extension of dependent footpaths and cycle paths on federal, state and district roads which are urgently required for reasons of road safety.
Reference is made to No. 6 of the Guidelines for Grants from the Free State of Bavaria for Road and Bridge Construction Projects of Municipal Building Authorities (RZStra).
Type and amount
Funding is granted on a pro-rata or fixed-amount basis in relation to the eligible costs. The amount of funding is determined in accordance with No. 7 of the RZStra.