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First- and second-order water bodies; information on waterway maintenance

Waterway maintenance is a public law obligation of the state and local governments.

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The maintenance of first- and second-order water bodies is the responsibility of the Free State of Bavaria and is carried out by the water management offices. The maintenance of federal waterways is the responsibility of the federal government.

The maintenance of a surface water body includes its care and development as a public-law obligation (maintenance duty). Water body maintenance includes, in particular:

  • the preservation of the watercourse bed, including to ensure proper water flow,
  • the maintenance of the banks, in particular through the preservation and replanting of site-appropriate riparian vegetation, as well as keeping the banks clear for water flow,
  • the maintenance of navigability in navigable water bodies, with the exception of special access routes to ports and boat landings,
  • the maintenance and promotion of the ecological functionality of the water body, particularly as a habitat for wild animals and plants,
  • the maintenance of the water body in a condition that meets water management needs with regard to the discharge or retention of water, bedload, suspended solids, and ice.

Water bodies are classified into categories. Surface waters, with the exception of water flowing freely from springs, are classified according to their water management significance into:

  • First-order water bodies: federal waterways and the water bodies listed in the “Directory of First-Order Water Bodies” (see Annex 1 of the Bavarian Water Act)
  • Second-order water bodies: water bodies listed in the “Directory of Second-Order Water Bodies”
  • Third-order water bodies: all other water bodies

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