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Road use; application for a special use permit for federal and state roads outside a town or village

If you wish to use federal and state roads outside local thoroughfares not only for traffic purposes, but also for your own interests or commercial activities, you require a special use permit.

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Procedure details

In principle, everyone is permitted to use public roads and their components 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 movement, relocation and transportation. In the case of certain public roads, especially pedestrian zones, this is supplemented by so-called "communicative public use".

Any use that goes beyond public use constitutes special use. A special use permit under public law is required for special uses that are likely to impair public use. The decisive factor is always the assessment of the specific individual case. It is therefore advisable to contact the responsible road construction authority in good time. Access roads to federal and state roads outside the built-up area are also considered special use under public law. The granting of a special use permit is a discretionary decision; it may only be granted for a limited period or revoked, may be subject to conditions and is usually linked to the payment of special use fees.

Sporting events such as rallies and cycle races or town festivals also constitute special uses, although no special use permit is required if they already require a permit or exemption under road traffic law. The same applies to special uses for which a building permit is required under building regulations (e.g. outdoor bar areas, fixed sales stands).

You do not wish to use a federal or state road outside a local thoroughfare 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. The state building authorities are responsible for federal and state roads outside local thoroughfares.

The documents to be submitted depend on the type of intended use and can range from a simple description to the submission of construction plans. In cases of doubt, please contact the relevant authority.

No special use fees are charged for special uses on state roads and federal trunk roads outside the local thoroughfares.

The special use permit must be issued prior to the start of use; it is therefore necessary to submit the application in good time (between 2 and 4 weeks in advance, depending on the type of intended use).

A permit under private law is required for special uses that do not impair public use. This includes, for example, the laying of public utility lines, cables or pipes. The relevant road construction authority is also responsible for concluding the relevant contracts. The laying of telecommunications lines is regulated by the Telecommunications Act (TKG).

Status: 23.01.2025
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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