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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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Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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Procedure details

The state building authorities plan, build, manage and maintain the federal and state roads in their area as the responsible representatives of the road authorities. Exceptions to this are

  • Federal roads within the local thoroughfare in municipalities with a population of more than 80,000 or where municipalities have voluntarily retained or assumed responsibility for road construction within the local thoroughfare. Here the municipalities are responsible for their own activities.
  • State roads within the local thoroughfare in municipalities with a population of more than 25,000 or where the municipalities have voluntarily retained responsibility for road construction within the local thoroughfare. Here, the municipalities are responsible for their own activities.

In addition, rural districts can transfer the planning, construction, maintenance and management of their district roads to the state building authorities.

The governments perform supervisory functions, carry out planning approval procedures for the construction of new roads and changes to roads requiring planning approval and check the design documents for the budgetary approval of road construction measures. They also define the boundaries of local thoroughfares and decide on exceptions to road modification restrictions.

The Bavarian State Ministry of Housing, Building and Transport (StMB) is the highest road construction authority and is responsible for introducing and ensuring uniform specifications (legal and technical). It maintains the road directories for state and district roads and is responsible for the dedication, reclassification and confiscation of state roads. In addition, the StMB is responsible for cooperation with the authorities of the Federal Republic of Germany as part of the federal administration of federal trunk roads.

The responsibility for road construction is an obligation under public law and includes all tasks associated with the construction and maintenance of the road, namely planning, building, improving, maintaining and renewing the road and ensuring road safety. 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 new construction, but also reconstruction or expansion.

Maintenance includes ongoing upkeep and renewal in line with time and requirements, whereby the renewal of an existing road is understood to mean the replacement of a worn-out facility or parts thereof (e.g. asphalt surface or entire bridge structure).

To the extent necessary for maintenance, third parties must tolerate the road construction authority or its agents entering or temporarily using the properties.

The obligations arising from the road construction obligation are limited in several respects: The bodies responsible for road construction only have to build and maintain their roads in a condition that meets the usual traffic needs and the requirements of safety and order and only have to fulfill this task in accordance with their capacity.

Applications in connection with the planning and management of federal and state roads must be submitted directly to the responsible state building authority, which will then involve the responsible district government and the Bavarian State Ministry of Housing, Building and Transport if necessary.

Status: 07.05.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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