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Trams and subway railroads; application for the implementation of a planning approval procedure

Operating facilities for streetcars may only be built if the plan has been approved in advance. The public and private interests affected by the project, including the environmental impact, must be taken into account in the planning approval process.

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Procedure details

Tramways are railroads that

  • use the traffic area of public roads and adapt their structural and operational facilities and their mode of operation to the nature of road traffic, or
  • have a special track structure and are identical or similar in their mode of operation to the railroads referred to in point 1

and serve exclusively or predominantly to transport passengers in the local or neighborhood area.

Tramways are also deemed to be railroads which are or will be constructed as elevated and subway railroads, suspension railroads or similar railroads of a special design, which serve exclusively or predominantly to transport persons in the local or neighborhood area and which are not mountain railroads or cableways.

The governments are responsible for carrying out planning approval procedures in accordance with the Passenger Transportation Act. The responsible government (planning approval authority) takes action upon application.

Procedure of the planning approval procedure

An application for the initiation of a formal planning approval procedure is submitted to the planning approval authority.

As the hearing authority, the government obtains the opinions of the specialist authorities and involves the affected municipalities. It also involves the associations recognized under nature conservation law and other associations recognized in environmental matters (e.g. Landesbund für Vogelschutz, Bund Naturschutz, etc.).

The public is involved:

  • Public announcement
    The construction project is announced locally in the affected communities (e.g. on community notice boards).
  • Public display
    The planning documents (project description, land acquisition plan, land acquisition register, site plans, technical investigations) are displayed for inspection in the municipalities concerned for 1 month.
  • Objection period
    Objections to the project can be submitted to the municipality or the government in writing or for recording up to 2 weeks after the end of the one-month display period. Anyone whose interests are affected by the project is entitled to raise objections.

    It is important to adhere to this deadline! If this deadline is missed, the objections may be disregarded and legal remedies against the planning approval decision are excluded.

The comments received during the consultation procedure and the objections raised by third parties in good time are generally dealt with in a separate meeting (discussion meeting) with the representatives of the authorities and objectors. This meeting is also announced to the public in good time. One of the aims of the hearing is to find solutions to conflicts associated with the project.

Once the hearing procedure has been completed, the planning approval authority issues the planning approval decision. This is served on the applicant and, among others, on those objectors whose objections have been decided. If more than 50 notifications are to be made, these notifications can be replaced by a public announcement.

An action can be brought directly against a planning approval decision. The action must be brought within one month of service. The requirements can be found in detail in the information on legal remedies in the planning approval decision.

Construction or significant modification of operating facilities for streetcars.

As a rule, there are no administrative costs for objectors. Exceptions are expenses for requested copies, transcripts, etc. Any expenses incurred by the objector (e.g. legal fees) must be borne by the objector.

As a rule, construction may only begin after a planning approval procedure has been carried out. Objections to the project can be submitted to the municipality or the government in writing or for recording up to 2 weeks after the end of the one-month exhibition period. An action against a planning approval decision must be brought within one month of notification.

Status: 17.07.2024
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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