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Road construction and maintenance; clarification of legal issues
The governments, state building authorities and the Autobahn GmbH of the federal government clarify legal issues in the area of road construction and road maintenance.
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Procedure details
Description
The federal government's Autobahn GmbH plans, builds, manages and maintains the federal highways. The state building authorities plan, build, manage and maintain the other federal highways on behalf of the federal government and the state roads for the Free State of Bavaria.
The road supervisory authority monitors the fulfillment of the tasks incumbent on the road construction authorities and the road construction authorities. For federal roads, the federal states carry out road supervision on behalf of the federal government. In Bavaria, these are the district governments. They are also the road supervisory authority for state roads and district roads as well as municipal roads in independent municipalities. The road supervisory authority for federal highways is the Federal Highway Authority.
The road construction obligation is a statutory obligation (standard construction obligation), but can also be assumed by contract (special construction obligation).
The federal government is responsible for road construction on federal trunk roads, unless others are responsible for road construction in accordance with statutory regulations or public law obligations. The Free State of Bavaria is responsible for the construction of state roads, unless others are responsible for construction in accordance with statutory regulations or public-law obligations.
In certain cases, the local authority is responsible for road construction on local thoroughfares in the course of federal, state and district roads. This depends on the size of the municipality.
The road construction obligation includes all tasks associated with the construction and maintenance of the road; in particular, planning, building, improving, maintaining and renewing the road and removing traffic obstructions. The road construction obligation also includes the necessary land acquisition. In addition to the technical tasks of road construction and maintenance, including the operation of certain facilities, the road construction obligation includes all administrative and organizational measures that are a prerequisite for the realization of the public task.
The construction of a road includes not only its new construction, but also its conversion or extension. Federal trunk roads may only be built if the plan has been approved in advance (plan approval procedure). This also applies to the construction of state roads as well as district roads and municipal roads of particular importance. In addition to new construction, certain legally prescribed changes are also subject to planning approval.
Maintenance includes ongoing maintenance and renewal, whereby renewal is understood to mean the replacement of a worn-out system or parts thereof (e.g. asphalt surface course or entire bridge structure). Maintenance measures for federal trunk roads are defined in such a way that they do not require any significant structural alterations. Maintenance is not subject to planning approval, but is subject to further legal regulations. For example, according to the Federal Nature Conservation Act, woodland maintenance measures on road embankments may not be carried out between March 1 and September 30 in order to protect habitats.
The maintenance of road crossings and crossings with bodies of water are regulated separately.
Fees
none
Special notes
Clearing and gritting in icy and snowy conditions and cleaning and lighting the road are not part of the road construction obligation. This is based on the requirements of the so-called road safety obligation. Special duties of the municipalities are regulated in the Bavarian Road and Paths Act.
Legal bases
Related links
Related issues
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Federal and state roads; planning, construction, maintenance and management
The Bavarian State Ministry of Housing, Building and Transport, the governments and the state building authorities are responsible for the planning, construction, maintenance and management of federal and state roads; the federal government's Autobahn GmbH is responsible for freeways.
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Road construction; application for the implementation of a planning approval procedure
Road planning approval procedures are special formal approval procedures with public participation for the construction or modification of roads. The governments are responsible for carrying them out.
Status: 13.12.2024
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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