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Local law; enactment of statutes and ordinances

Municipalities can issue bylaws and ordinances. Both of these are regulations that have binding force vis-à-vis everyone and specify certain legal consequences for an indefinite number of cases, in particular establishing rights and obligations.

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Procedure details

The main difference between bylaws and ordinances is their subject matter:

Bylaws are issued to regulate municipal matters. The authority to enact bylaws generally follows from the municipal right of self-government, which also includes legislative autonomy.

The procedure for enacting bylaws is regulated in the municipal code for the Free State of Bavaria. Statutes within the municipality's own sphere of activity do not require separate authorization if they do not interfere with the rights of third parties or affect the obligations of third parties. By contrast, the enactment of bylaws to regulate delegated matters and bylaws that threaten violations of their regulations with a fine (= reinforced bylaws) are only permitted in the cases specified by law.

Examples of municipal bylaws are bylaws with compulsory connection and use in the water and wastewater sector or contribution and fee bylaws in accordance with the Municipal Tax Act.

In contrast, municipal ordinances generally focus on a safety-related purpose. For example, an ordinance can be used to restrict the free movement of large dogs and fighting dogs.

Ordinances may only be issued in the cases specified by law. General regulations on the procedure for issuing municipal ordinances can be found in the Landesstraf- und Verordnungsgesetz (LStVG). The LStVG and other laws also contain authorizations to issue municipal ordinances in the area of public safety and order.

You can find out more from your municipality.

Application for judicial review pursuant to § 47 VwGO

  • Outdoor area bylaws; enactment
    Under certain legal conditions, municipalities can facilitate the construction of residential buildings, in particular, in the outdoor area under building planning law by issuing an outdoor area bylaw.
  • Tree felling or tree modification; application

    Before you cut down a tree, even if it is on your own land, you should check with your local authority whether it has issued a tree protection order. Trees may then only be felled or pruned with permission.

  • Fire inspection; implementation
    The purpose of the fire inspection is to prevent risks to life, health, property or possessions that may arise from fires.
  • Inner area bylaws; enactment
    The municipalities can define the inner area by statute. Under certain conditions set out in the Building Code, this can also include areas outside the inner area or designate them as inner areas.
  • District law; enactment of statutes and ordinances

    The administrative districts have two options for legislative action: They can issue statutes and ordinances. Both of these are regulations that establish binding legal consequences for everyone, in particular rights and obligations.

  • Noise protection; adoption of an ordinance
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  • Parking fees; payment

    Municipalities may charge for parking on public roads and squares by means of parking meters, parking ticket machines or payment systems (e.g. cell phone parking).

Status: 03.07.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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