Scope of applicationThe law regulates the legal relationships of the public roads. For federal trunk roads it applies only insofar as this is expressly determined.
§ 2 Public roads
(1) Public streets are those streets, roads and places which are dedicated to public traffic.
(2) The public road includes
1. The road body; these are in particular the road bed, the road substructure, the road superstructure, the bridges, tunnels, culverts, embankments, ditches, drainage systems, embankments, retaining walls, noise protection systems, the carriageway, dividing, side, verge and safety strips, parking spaces, parking and material bays and rest areas, (dependent parking areas, dependent rest areas), bus stop bays as well as bicycle paths and sidewalks, even if they are not directly connected to the roadway (dependent bicycle paths and sidewalks), and the areas of traffic-calmed areas;
2. The airspace above the road body
3. The accessories; these are the traffic signs, traffic facilities and other installations of all kinds that serve the safety or ease of road traffic or the protection of residents, and the plants belonging to the road (roadside greenery);
4. Ancillary facilities, i.E. Those facilities that are predominantly used for the tasks of road construction management, such as road maintenance depots, equipment yards, warehouses, storage areas, storage and extraction points, auxiliary operations and facilities.
(3) In the case of public roads on dikes, dams and barrages, only the road surface, the carriageway, the dividing strips, the paved verges and the dependent cycle paths and footpaths and the dependent parking areas shall be included in the body of the road.
§ 3 Classification of public roads
(1) The public roads are divided into the following road groups according to their traffic importance:
1. National roads, 2. District roads, 3. Municipal roads, 4. Other public roads.
(2) State roads are roads with at least regional traffic significance, which form a traffic network within the state territory among themselves or together with federal trunk roads and predominantly serve or are intended to serve traffic going beyond the territory of neighboring counties and independent cities, in particular continuous traffic relations.
(3) County roads are
1. Roads which predominantly serve or are intended to serve supra-local traffic within a county or between neighboring counties and independent cities. They shall have at least one connection to a federal, state or other county road; 2. Roads which serve or are intended to serve the connection of a municipality or a spatially separated part of a municipality to the federal trunk road or state road network outside the municipal territory.
(4) Municipal roads are
1. (1) Municipal thoroughfares are roads outside the built-up area and outside a building area defined in a development plan, which mainly serve or are intended to serve the traffic between neighboring municipalities or parts of municipalities, as well as roads serving the connection to the supra-local road network located in the municipal area. 2. Local roads; these are roads which predominantly serve or are intended to serve traffic within the enclosed local area or within a building area defined in a development plan, with the exception of the through-roads of federal, state and district roads.
(5) Other public roads are all roads serving public traffic, unless they belong to another group of roads. They include in particular:
1. Public field and forest roads, 2. The limited-public roads, 3. The owner ways.
(6) The purpose of the road shall be at the discretion of the body responsible for road construction.
§ 4 List of roads and road numbers
(1) Road directories shall be kept for the public roads. The supreme road construction authority shall determine the numbering of the state roads, the counties shall determine the numbering of the district roads. For municipal roads and other public roads, the directories can be set up in a simplified form. Anyone is free to view the directories.
(2) The member of the state government responsible for road construction shall be authorized, in agreement with the member of the state government responsible for the interior, to regulate by ordinance the responsibility of the authorities, the establishment and content of the road registers and the inspection thereof.
§ 5 Town crossings
(1) A local thoroughfare is that part of a state road or district road which lies within the closed local area and is also intended for the development of the adjoining properties. Closed local area is that part of the municipality area which is contiguously built up in closed or open construction. Individual undeveloped plots, land unsuitable for development or withdrawn from it, or development on one side do not interrupt the context.
(2) The road construction authority determines the boundaries of the local thoroughfare in agreement with the municipality. The determination is to be publicly announced with appeal notice.
(3) In agreement with the municipality, the boundary may be determined in deviation from the provisions of paragraph 1 if the length of the local thoroughfare is obviously disproportionate to the number of inhabitants of the municipality due to the type of development or if other significant aspects justify a deviation.
(4) If the road in the local thoroughfare is considerably wider than the adjacent free section of the state road or the district road, the road construction authority shall also determine the lateral boundary of the local thoroughfare in agreement with the municipality.
(5) If the local thoroughfare of a state road is not sufficient for traffic, a road which, according to its state of development, is suitable for accommodating traffic and which connects to the state road on both sides, may be designated as an additional local thoroughfare by the road construction authority in agreement with the municipality.
§ 6 Dedication
(1) Dedication is the general decree by which roads, paths and squares are given the status of a public road. It shall be publicly announced with instructions on how to appeal. Shall take effect at the earliest at the time of public notice. In addition, the regulations of the Administrative Procedure Act for the State of Brandenburg shall apply.
(2) The dedication of a road for public traffic shall be decreed by the road construction authority. If the dedicating road authority is not the authority of the road authority, the latter's written consent is required for the dedication. If a party other than a local authority is to become the bearer of the burden of road construction, the dedication shall be decreed by the road construction authority upon its written application. The dedication order shall specify the road group to which the road belongs (classification) and restrictions of the dedication to certain types of use, purposes of use or circles of users as well as any other special features (dedication content).
(3) A prerequisite for the dedication is that the road authority is the owner of the land serving the road or that the owner and any other person entitled in rem to use the land have consented to the dedication or that the road authority has obtained possession of the land by contract, by assignment in accordance with § 41 or by any other procedure regulated by law.
(4) Subsequent restrictions of the dedication shall be governed by the provisions on the confiscation or partial confiscation (§ 8). Other subsequent changes in the content of dedication shall be determined by a dedication order.
(5) In the case of roads, the construction of which is regulated in a planning approval or permit procedure, the dedication may be decreed in this procedure with the proviso that it shall become effective at the time of the transfer of traffic, if the requirements of Paragraph 3 are met at that time. The road authority shall publicly announce the date of the transfer of traffic, the group of roads and restrictions on the dedication and notify the authority maintaining the list of roads.
(6) If the construction or modification of roads is regulated in a formal procedure based on other statutory provisions, the road shall be deemed dedicated for public traffic upon its dedication, provided that it is designated as public in the regulation, classified in a road group and, in the case of Section 3 para. 5 the owner of the road has been determined. The authority, which would be responsible for the dedication according to paragraph 2, shall publicly announce the transfer for public traffic, the group of roads and the contents of the dedication.
(7) If a road is widened, straightened, insignificantly relocated or supplemented, the new part of the road shall be deemed to be dedicated by the transfer of traffic, provided that the requirements of paragraph 3 are met. A public announcement according to paragraph 1 is not required.
(8) The dedication is not affected by civil law dispositions or by dispositions by way of execution or expropriation of the properties serving the road or rights to them.
§ 7 Reclassification
(1) Reclassification is the general decree by which a public road is assigned to the appropriate road group when its traffic significance changes (upgrading, downgrading). The reclassification is to be publicly announced with instructions on legal remedies.
(2) If the traffic significance of a road changes permanently, it shall be reclassified to the appropriate road group. A road shall be reclassified even if its classification does not correspond to its traffic significance.
(3) changes that may require reclassification, the road authorities shall notify the road supervisory authorities.
(4) The reclassification decrees that for the road of higher traffic importance (§ 3 para. 1) competent road authority. The reclassification shall be done in consultation with the supreme state planning authority. The involved road authorities are to be heard prior to any grading with the aim of reaching a mutually agreeable settlement. A decision on an application for the upgrading of a road must be made within three months of receipt of the necessary documents. 5) The reclassification shall be pronounced only at the end of a fiscal year. Must be announced six months in advance to the new roadway owner. If, after the change of municipal boundaries or the formation of new municipalities, a reclassification is required due to a change in the traffic significance of roads, this should only be pronounced at the beginning of the third financial year after the year of the territorial change and the new road authority should be notified one year in advance.
(6) The provisions of § 6 para. 5 and 6 apply accordingly. The reclassification takes effect when the vehicle is put into use for the new traffic purpose.
§ 8 confiscation, partial confiscation
(1) Retirement is the general decree by which a dedicated road loses its status as a public road. Partial confiscation is the general decree by which the dedication of a road is subsequently restricted to certain types of use, purposes of use or user groups. Confiscation and partial confiscation are to be publicly announced by the road construction authority with instructions on how to appeal and become effective at the time of public announcement.
(2) If a road has lost all traffic significance or if there are overriding reasons of public welfare, the road construction authority shall order the confiscation of the road. § 6 para. 2 sentence 2 applies accordingly. Partial confiscation of a street is permissible for overriding reasons of public welfare.
(3) The intention of the confiscation or partial confiscation shall be publicly announced at the expense of the owner of the road three months in advance in the municipalities that the road touches, to give the opportunity for objections. Publication may be dispensed with if the sections of road intended for confiscation or partial confiscation have been identified as such in the plans submitted in a planning approval procedure or if sections of road are to be confiscated in connection with changes of minor importance (section 38 para. 4) should be confiscated.
(4) If the construction or substantial alteration of roads is regulated by planning approval, confiscation and partial confiscation may be decreed in this procedure with the proviso that they take effect upon closure. The road authority has the date of the closure. To notify the contents of the order of the road supervisor. 5) With the confiscation public use ceases to exist. Revocable Special Use. In the case of partial confiscation of a road, public use. Revocable special use restricted accordingly.
(6) If a road is straightened, insignificantly relocated or otherwise adapted to traffic needs, and if a part of the public road is thus not only temporarily withdrawn from traffic, this part shall be deemed to have been withdrawn with the closure. In this case, no announcement or public notice is required. 1) The road construction obligation includes all roads associated with the construction. The maintenance of the roads related tasks. The agencies responsible for road construction shall, according to their capacity, construct, maintain, extend, remodel, or otherwise improve roads in a condition adequate to meet regular traffic needs. In doing so, the generally accepted rules of technology, the interests of pedestrian, bicycle and disabled traffic, local public transport, commercial traffic, environmental protection and urban development as well as, in particular, the protection of human life and health, also in the case of federal trunk roads, are to be given due consideration. The requirements and needs of women and men of all ages must be taken into account in the construction and maintenance of roads. The obligation to build roads does not include lighting, cleaning, snow clearing and gritting in the event of slippery snow and ice.
(2) If, taking into account their capacity, the bodies responsible for road construction are unable to perform the duties set out in subsection (1) sentence 1, they shall draw attention to a condition which is not safe for traffic by means of traffic signs or traffic devices, subject to other measures being taken by the road traffic authorities.
(3) Unless otherwise specified in § 49a para. 3 the municipalities, the road authorities are to clear snow from public roads to the best of their ability over and above the duties incumbent on them under Paragraph 1 and grit the roads in the event of icy roads; there is no legal entitlement to this.
§ 9a Road construction carrier
(1) The state is the responsible body for the maintenance of the state roads. The districts and independent cities are responsible for the construction of district roads. The municipalities shall be responsible for the construction of municipal roads. The owner of the road construction obligation for other public roads is determined in the dedication or reclassification decree. If it is not possible to determine the owner of the road in the case of public roads, the burden of construction lies with the municipality until otherwise determined.
(2) Municipalities with more than 50,000 inhabitants are responsible for road construction on local roads in the course of state roads and district roads. The number of inhabitants for the purposes of this law is the number of inhabitants as of 31 December of each year. December of the last three consecutive years officially determined number of inhabitants. Insofar as the state or the districts are responsible for the construction of roads through towns, this does not extend to sidewalks, shared sidewalks and bike paths and parking lots; in this respect, the municipality is responsible for the construction of roads.
(3) If municipal boundaries are changed or new municipalities are formed, the officially determined number of inhabitants of the new municipal area shall be decisive. In these cases, the obligation to build roads for local thoroughfares changes, if it was previously incumbent on the state or a county, at the latest at the beginning of the third fiscal year after the year of the territorial change, otherwise with the territorial change.
(4) A municipality with a population of more than 10,000 but less than 50,000 may become the road construction authority for local thoroughfares if, with the consent of the local government supervisory authority, it declares to the member of the state government responsible for road construction. Paragraph 2 sentence 2 and paragraph 3 sentence 1 apply mutatis mutandis. The municipal supervisory authority may refuse its consent only if there are facts that preclude the ability of the municipality to assume the burden of road construction.
(5) Paragraphs 1 and 2 shall not apply if the responsibility for road construction or any other obligation for the construction or maintenance of roads or parts of roads is incumbent on third parties in accordance with other statutory provisions or is transferred to them in a manner effective under public law.
§ 10 Sovereignty administration, construction safety
(1) The duties connected with the construction and maintenance as well as the preservation of the traffic safety of the roads including the federal trunk roads shall be incumbent on the employees of the bodies concerned with this as official duties in the exercise of sovereign activity. The provisions on the claim for damages due to culpable unlawful infliction of damage according to the State Liability Act and the Regulatory Authorities Act do not apply to the tasks related to the construction and maintenance as well as the preservation of traffic safety of the roads including the federal highways.
(2) The road authority, as a special regulatory authority, shall be responsible for ensuring that the construction and maintenance of the roads meet the requirements of safety and order. The technical building regulations and the recognized rules of architecture and technology are to be observed. Deviations from these generally accepted rules may only be made if the requirements are met in an equally satisfactory manner by means of expert evidence. The road construction authority may delegate certain tasks to special experts. This shall apply mutatis mutandis to the management of federal trunk roads.
(3) No approval, consent, notification, permission, supervision or acceptance shall be required if roads, their accessories or ancillary facilities pursuant to Section 2 para. 2 are constructed and maintained under the responsible management of a road construction authority of the Land, a district or a municipality. The authorities concerned shall be involved in good time with the aim of finding a mutually agreeable solution. This shall not apply to buildings which are ancillary facilities of district or municipal roads.
(4) If roads, paths or squares which are to be given the character of a public road are constructed by third parties on the basis of contracts under public law, subsections (2) and (3) shall apply with the proviso that instead of a responsible management, a technical acceptance by the road construction authority shall be carried out.
§ Section 11 Change of road authority
(1) In the event of a change of road authority, the ownership of the road by the previous road authority as well as all rights and obligations associated with the road shall pass to the new road authority without compensation, insofar as the ownership was previously held by a territorial authority.
(2) Paragraph 1 shall not apply to
1. The ownership of ancillary facilities (§ 2 para. 2 no. 4), 2. The ownership of lines which the previous owner of the road has laid in the road for the purpose of public supply and disposal, 3. Rights and obligations of the previous road authority under area supply contracts, 4. Liabilities of the previous road authority from the implementation of previous construction and maintenance measures. Insofar as these obligations are secured in rem, the new owner shall have a claim to exemption.
(3) If the previous owner has legitimately kept special facilities in the street or has concluded agreements on facilities and rights within the meaning of subsection (2), the new owner shall be obligated to tolerate these to the previous extent and to allow them to apply against it. §§ 16 and 18 para. 4 and 5 shall apply accordingly.
(4) The previous owner of the road shall be responsible to the new owner of the road for the proper maintenance of the road to the extent required by its traffic significance and for the necessary acquisition of land. If a road to be graded has not been properly developed, he shall be responsible therefor only to the extent that the state of development falls short of the requirements of the future group of roads.
§ Section 12 Land Register Correction and Surveying
(1) In the event of transfer of ownership of roads pursuant to § 11 para. 1 the new owner of the road shall immediately apply for the correction of the land register. The application must be signed by the head of the authority or his representative and bear an official seal. The declaration to be included in the application that the property belongs to the new road authority shall be sufficient proof for the land registry office.
(2) The previous owner of the road is obligated to have the transferred property surveyed and marked at his expense if and to the extent necessary to record it in the land register. Surveying and marking is unnecessary if surveying documents are available that are suitable for the continuation of the real estate cadastre. The competent cadastral authority decides on the suitability of the submitted documents on the basis of the Brandenburg surveying law. The previous owner of the road must also bear or reimburse the costs arising from the continuation of the cadastre, insofar as the existing surveying documents are not suitable as a cadastral basis. If this obligation is not fulfilled within two years of the transfer of road responsibility, the new owner of the road responsibility is entitled to have the surveying and marking carried out at the expense of the previous owner of the road responsibility. This does not apply to reclassifications made by the end of 26. May 1999 already announced.
(3) If a property is acquired pursuant to s. 13 para. 6, the previous owner of the road shall bear the costs of surveying, marking and certification.
(4) For the registration of the transfer of ownership in the land register, in the cases of § 11 para. 1 and of the § 13 Abs. 6 Fees and expenses under the Act on the Costs of Voluntary Jurisdiction (Costs Order) not levied.
§ Section 13 Acquisition of Property, Retransfer of Property and Right of First Refusal
(1) The responsible body for road construction should acquire ownership of the land serving the road.
(2) The road authority shall, upon application by the owner or other person entitled in rem to use the road, acquire the land used for the road or rights in rem thereto. If, within the period of two years from the date of application, no agreement is reached between the owner or any other person entitled in rem to use the road and the road authority, the owner or any other person entitled in rem to use the road may demand expropriation of the land or the rights in rem. § 42 para. 3 applies mutatis mutandis.
(3) Paragraph (2) does not apply if and as long as the owner of the road is granted an easement or other right in rem that secures the existence of the road.
(4) Until the acquisition of the land claimed for the road, the owner of the road shall have the rights and obligations of the owner of the exercise to the extent required for the maintenance of public use.
(5) If, in the case of the confiscation of a road pursuant to Section 8, the land claimed was acquired by contract outside of expropriation proceedings, the respective owner of the land reduced by the original acquisition shall have the right of pre-emption.
(6) In the event of the confiscation of a street, the former owner may, if the ownership is transferred in connection with the change of the burden of road construction pursuant to Section 11 para. 1 had been transferred, demand within one year after the incontestability of the confiscation that the property be transferred back to him without compensation. However, the former owner has plants. Rights within the meaning of § 11 Abs. 2 which the previous owner has lawfully kept or agreed to keep in the street, to tolerate to the previous extent and to accept it as valid against him. 1) The use of the public road is open to anyone within the limits of the dedication. The road traffic regulations within the usual traffic limits allowed (public use). There is no legal claim to the maintenance of public use. For complications caused by restrictions of the public use, there is no claim for compensation of additional expenses or costs. On compensation of commercial disadvantages.
(2) Within the limits of public use, moving traffic shall have priority over stationary traffic, unless otherwise provided by the dedication of the street and the highway code.
(3) The collection of fees for the exercise of public use requires a separate legal regulation.
(4) Owners and occupiers of land situated on a public road (road users) may use the parts of the road adjacent to the land within the built-up area for purposes other than public use, provided that such use is necessary for the use of the land, does not permanently exclude or significantly impair public use and does not interfere with the road structure.
(5) Without prejudice to § 22 para. 5 shall not be entitled to demand that the road not be changed or not be withdrawn.
§ 15 Restrictions on public use
(1) The public use may be temporarily restricted by the road construction authorities, subject to other orders of the road traffic authority, if this is necessary due to the execution of road construction works or due to the structural condition of the road. The restrictions are to be marked by the road construction authority or the road traffic authority in a manner appropriate to traffic needs. The road construction authority or the road traffic authority and the municipalities, which the road touches, are to be informed about essential restrictions in due time.
(2) The road authority responsible for a road whose public use is permanently restricted by the road authority shall be obliged to reimburse the costs for the construction of the necessary replacement roads, unless it undertakes the construction itself at the request of the competent road authority responsible for the replacement road.
(3) For detour § 34 applies.
§ Section 16 Compensation for additional costs
(1) If, due to the nature of the public use, a road has to be constructed or upgraded by another party at a higher cost than is required for regular traffic, the other party shall compensate the road authority for the additional costs of construction and maintenance. This does not apply to bus stop bays for regular and school bus services. The road authority may demand reasonable advance payments or securities.
(2) Subsection (1) shall apply mutatis mutandis if a road is constructed or upgraded at the instigation of another for other reasons, or if installations have to be erected, redesigned or relocated without the road authority being obliged to do so in the performance of its duties or on the basis of special statutory provisions.
(3) The costs of blocking off and marking work sites as well as other measures required by the work sites on or next to the road to secure road traffic shall be borne by the party causing the damage. Paragraph 1 sentence 3 shall apply accordingly. The road construction authority shall decide on the costs in accordance with sentence 1 by administrative act, insofar as it has ordered the measures.
§ 17 Pollution and damage
(1) Whoever pollutes a street beyond the usual extent, has to remove the pollution without request immediately; otherwise the carrier of the road construction load and within the local thoroughfare the municipality can remove the pollution at the expense of the polluter. Further federal or state regulations remain unaffected.
(2) Whoever damages or destroys a road or its individual components may be obliged to bear the costs incurred for its removal. Measures under regulatory law remain unaffected.
(3) Waste may not be brought onto the street without authorization for the purpose of disposal.
(4) The provisions of subsections 2 and 3 shall also apply to federal trunk roads.
§ 18 Special use
(1) The use of the road beyond the public use is special use. It requires the permission of the road construction authority, in local crossings the permission of the municipality. If the municipality is not responsible for road construction, it may grant permission only with the consent of the road construction authority. The municipality may, by statute, exempt certain special uses in local thoroughfares and municipal roads from the obligation to obtain a permit and regulate their exercise. If the municipality is not responsible for the road, the statute requires the approval of the road authority.
(2) The permit may only be granted for a limited period of time or may be revoked. It may be subject to conditions. Be subject to conditions. A decision on the granting of the permit in accordance with paragraph 1 shall be made at the due discretion of the authority. If the municipality is not responsible for road construction, it must revoke a revocably granted permit if the road construction authority demands this at its due discretion.
(3) The permittee shall have no claim for compensation against the road authority in the event of revocation of the permit or in the event of closure, alteration or confiscation of the road.
(4) The permittee shall construct and maintain facilities in such a way that they meet the requirements of safety and order as well as the recognized rules of technology. Work on the road requires the consent of the road construction authority.
(5) The permittee shall, at the request of the authority responsible for the permit, modify the facilities at his own expense and reimburse all costs incurred by the road construction authority as a result of the special use. For this purpose, the road construction authority may demand reasonable advance payments and securities. In the event of the expiry or revocation of the permit, as well as in the event of the confiscation of the road, the permittee shall, at the request of the road authority, remove the installations or restore the used part of the road to a proper condition within a reasonable period of time.
(6) If the owner of the road changes, a permit granted in accordance with subsection (1) shall remain in effect.
(7) Other permits, authorizations or approvals required under public law shall not be replaced by the special use permit. Upon entry into force of the law amending the Brandenburg Road Act. Of the Brandenburg Waste Management Act of 20. May 1999 (GVBl. I S. (162) existing irrevocable rights of use of public roads may be revoked by expropriation to the extent necessary for the performance of the duties of the road construction authority. § 42 shall apply accordingly.
§ Section 19 Special Uses
A permit in accordance with § 18 para. 1 is not required if an excessive use of the road has been granted a road traffic permit or exemption, or if it serves a construction facility for which a building permit has been issued. Prior to its decision, the authority responsible for this shall hear the authority otherwise responsible for the special use permit and take into account its decision. The conditions, requirements and special use fees required by the latter shall be imposed on the applicant in the permit or approval.
§ 20 Unauthorized use of a road
(1) If a road is used without the required permit, or if wrecked cars or other objects have been parked in violation of the law, or if a permittee fails to comply with his or her obligations, the authority responsible for issuing the permit may order the necessary measures to be taken to terminate the use or to comply with the conditions imposed. If such orders are not possible or only possible at disproportionate expense or are not promising, it may remove the unlawful condition or have it removed at the expense of the obligated party.
(2) The road construction authority may retain the objects removed from the road until reimbursement of its expenses.
(3) If the owner or keeper of the objects removed from the street cannot be determined within a reasonable time, or if he fails to meet his payment obligations within two months after demand for payment, or if he fails to collect the objects within a reasonable time given to him in writing, the objects shall be disposed of and disposed of by the street construction authority. In the request for payment or collection, reference shall be made to these consequences. In all other respects, the provisions of regulatory law on the recovery of seized objects are to be applied accordingly.
(4) Paragraphs (2) and (3) shall also apply to federal trunk roads, subject to the proviso that the authority responsible for the special use permit shall have the power of retention under paragraph (2).
§ 21 Fees for special uses
(1) Special use charges may be levied for special use of the road. In the case of local roads, the municipalities shall be entitled to such rights, and in all other cases the road authority shall be entitled to such rights. When assessing the fees, the type and extent of the impact on the road and the public use as well as the economic interest of the fee debtor shall be taken into account.
(2) The member of the state government responsible for roads shall be authorized, in agreement with the member of the state government responsible for finance, to regulate the levying and amount of special use fees to the extent that they are due to the state as the party responsible for construction. The counties and municipalities may regulate the fees by statute insofar as they are entitled to the special use fees.
§ 22 Road users, access roads, accesses
(1) Driveways or access roads to state and district roads outside local thoroughfares shall be deemed to be special use within the meaning of Section 18 if they are newly constructed or modified. A change shall also be deemed to have occurred if an access road is intended to serve a considerably greater or different type of traffic compared to its previous condition. The accesses are equal to the connections of non-public ways.
(2) The road construction authority may, subject to the provisions of § 18 par. 4 impose conditions on the permittee with regard to the local location, type and design of the access road or the access, which are necessary for reasons of safety and ease of traffic.
(3) A permit according to § 18 is not required,
1. If access roads or entrances to structures are created or altered for which consent has been granted in accordance with § 24 para. 2 has been granted or an exception has been granted in accordance with § 24 para. 9 has been granted, 2. If the construction or modification of access roads or entrances has been ordered without appeal in a land consolidation procedure or other formal procedure.
(4) For the maintenance of the access roads and accesses, which are not based on a permit according to § 18 par. 1 shall apply § 18 para. 4 as well as § 20 para. 1 in accordance with.
(5) If permanently authorized accesses or accesses are interrupted by the modification or the withdrawal of roads or if their use is considerably impeded, the road authority shall provide an appropriate replacement or, if this is not reasonable, shall pay appropriate compensation in money. If no agreement can be reached on the compensation, § 42 para. 4 and 6. Several adjoining properties may be connected by a common access road, the maintenance of which shall be the joint responsibility of the adjoining owners in accordance with subsection 4. The obligation pursuant to sentence 1 shall not arise if the properties have another sufficient connection to the public road network or if the accesses are based on a revocable permit.
(6) If access roads or entrances are interrupted for a longer period of time due to road works, or if their use is considerably impeded without any substantial relief resulting from temporary measures, and if the economic existence of an adjacent business is thereby endangered, the owner thereof may claim compensation in the amount necessary to ensure the continued existence of the business by exerting its own forces and taking into account the given possibilities of adaptation. The claim is directed against the party in whose favor the work is carried out in the road area. Paragraph 5, sentence 4 shall apply accordingly.
(7) To the extent required by the safety or ease of traffic, the road authority may, after hearing the parties concerned, order that accesses or approaches be altered or relocated, or, if the property has an otherwise adequate connection to the public road network, be closed. Paragraph 5 shall apply accordingly. The authority to revoke a permit for access roads pursuant to § 18 paras. 2 shall remain unaffected.
(8) If, as a result of the construction or alteration of a road, the access of light or air to a property is permanently deprived or considerably impaired, the party responsible for road construction shall grant appropriate one-off compensation in money for the resulting pecuniary disadvantages.
(9) If the person entitled to compensation has contributed to the occurrence of a pecuniary disadvantage, Section 254 of the German Civil Code shall apply mutatis mutandis.
§ 23 Other use
(1) The granting of rights to use the property of the roads shall be governed by civil law if they do not impair the safety and ease of traffic, the public use and the use of residents, whereby a temporary impairment for purposes of public supply or disposal shall be disregarded.
(2) In local crossings, whose road construction obligation does not lie with the municipality, the owner of the road construction obligation shall, at the request of the municipality, permit the laying of lines required for the purposes of public supply and disposal of the municipality, free of charge, if the laying is necessary in the parts of the road under its construction obligation.
(3) In addition, utility lines and sewage disposal lines may only be laid in local thoroughfares for which the municipality is not responsible for road construction with the consent of the municipality. Consent shall be granted if the public good so requires. Consent shall not be required in the case of lines belonging to an enterprise which has the right to use the municipal roads for the supply of the municipal territory.
(4) Insofar as there is no contractual regulation, § 18 para. 4 and 5 mutatis mutandis.
(5) If a road drainage system is provided by a non-road drainage system established by the municipality or by a special-purpose wastewater association, the road construction authority shall share in the costs of construction or renewal of this system to the extent that the construction of its own road drainage system would require. The municipality or the special-purpose wastewater association shall be responsible for the harmless drainage of the surface water of the street. In addition, no charge shall be levied for the use of the drainage system.
Section 3 Attachment to public roads and protective measures
§ Section 24 Structural installations on roads
(1) Outside of the through-roads, the following shall not be permitted along state and district roads
1. Buildings of any kind at a distance of up to 20 m measured from the outer edge of the roadway intended for motor vehicle traffic, 2. Structural facilities of any kind that are to be directly or indirectly connected to state or district roads via access roads,
Are not to be built. Sentence 1 No. 1 shall apply mutatis mutandis to embankments. Excavations on a larger scale. 1 shall apply mutatis mutandis to embankments. Excavations on a larger scale.
(2) In other respects, building permits or approvals required under other regulations shall require the consent of the road authorities if
1. Structures of any kind are to be erected, substantially altered or put to any other use outside the town thoroughfares along state or district roads at a distance of up to 40 m, measured from the outer edge of the carriageway intended for motor vehicle traffic, 2. 3. Structures in accordance with No. 1 along the local thoroughfares of state or district roads in the vicinity of intersections with roads of supra-local traffic significance or at bottlenecks. (1) In the case of constructional facilities to be erected or substantially altered along crossroads with roads of supra-local traffic importance or at narrow points, or in the case of constructional facilities to be erected or substantially altered along crossroads with roads of supra-local traffic importance or at narrow points. Annexes in accordance with No. 1 along the local thoroughfares of state or district roads in the area of intersections with roads of supra-local traffic significance or at bottlenecks. If an access road is to be constructed or substantially altered in a narrowed bend, or if an access road is to be constructed in an intersection or junction area, or if the construction applied for will cause a significantly greater or different type of traffic on the access road.
The requirement for approval in accordance with sentence 1 shall apply mutatis mutandis to structural installations which are subject to building notification.
(3) Consent pursuant to subsection (2) above may only be refused or granted subject to conditions and requirements if this is necessary due to the safety or ease of traffic, the intended development or the design of the road or the protection against immission. Consent shall be deemed to have been granted if it is not refused within one month of receipt by the road authority of the required application documents, stating the reasons therefor.
(4) Structures of any kind may not be erected or altered outside local thoroughfares if visibility at grade crossings of roads with railroads serving public traffic is thereby impaired. The same shall also apply to intersections and junctions of roads at the same level.
(5) In the case of planned roads, the restrictions set forth in paragraphs (1), (2) and (4) shall apply
1. In the planning approval procedure: from the beginning of the display of the plans or from the time when the parties concerned have been given the opportunity to inspect the plans, 2. In the planning approval procedure: from the time when the parties concerned have been given the opportunity to inspect the plan, 3. In the urban land-use plan procedure replacing planning approval or planning permission procedure: from the beginning of the display of the plans.
(6) If the structures referred to in subsection (2) do not require a building permit or a permit in accordance with other regulations, the approval of the road construction authority shall take the place of the consent. The approval shall be deemed to have been granted if it is not refused within two months of receipt of the required application documents by the road construction authority, stating the reasons therefor.
(7) Installations of outdoor advertising are outside the local thoroughfares to the high-rise buildings of paragraph 1 no. 1 and the structural facilities of Paragraph 2 No. 1 as well as paragraph 4 equally. Outdoor advertising facilities may not be installed on bridges over state or district roads outside the through-roads of towns.
(8) Paragraphs 1 to 4 shall not apply if the building project complies with the provisions of a development plan within the meaning of the Building Code, which contains at least the boundary of the traffic areas as well as the areas of land adjacent thereto which can be built over and which has been drawn up with the cooperation of the road authorities.
(9) The road construction authority may, in justified individual cases, permit exceptions from the prohibitions of paragraphs 1, 5 and 7, if the implementation of the regulations in the individual case would lead to an obviously unintended hardship and the deviation is compatible with public interests or if reasons of public welfare require the deviation. Exceptions can be made with conditions. Be subject to conditions.
(10) If advertising installations are erected or altered contrary to the provisions of subsections (1), (2) or (4), the road authorities may order the partial or complete removal of the advertising installations and enforce this by means of administrative enforcement. By the way, the regulations of the building code apply. Sentences 1 and 2 shall apply accordingly to federal trunk roads.
(11) If, as a result of the application of subsections (1), (2) and (4) to (6), the use of a plot of land for construction purposes, to which a legal right previously existed, is wholly or partly revoked, the owner may demand appropriate compensation in money to the extent that his preparation for the use of the plot of land for construction purposes to the extent hitherto permitted loses value for him or a substantial reduction in the value of the plot of land occurs. The owner of the road shall be obliged to indemnify.
(12) In the case of subsection (5), the claim under subsection (11) shall not arise until the plan has become incontestable or execution has commenced, but no later than four years after the restrictions of subsections (1), (2) and (4) have come into force.
(13) The municipalities may prescribe by statute that for certain municipal roads outside the enclosed urban area paragraphs 1 to 5, 9, 11 and 12 are to be applied in total accordingly, whereby the distances specified in paragraphs 1 and 2 may be set lower. Structural facilities may not extend into the body of the road.
(14) Further federal or state regulations shall remain unaffected.
§ 25 (repealed)
§ 26 Protective measures
(1) The owners and occupiers of properties on public roads shall tolerate the precautions and measures necessary to protect the road and road traffic from the adverse effects of nature, such as snowdrifts, floods and deer crossing. This also applies to measures taken by third parties to protect wild animals from road traffic. The road construction authority shall notify the party concerned in writing of the implementation of the measures at least two weeks in advance, unless danger is imminent. The party concerned is entitled to carry out the measures himself in agreement with the road construction authority. The road construction authority shall compensate the party concerned for expenses and damages in money, insofar as these are not the result of changes on adjacent properties for which the party concerned is responsible.
(2) Plantings, fences, piles, heaps or other facilities not firmly connected to the property may not be created or maintained if they impair the safety or ease of traffic. If they are planted or maintained contrary to sentence 1, they must be removed within a reasonable period of time at the written request of the road construction authority by the party obligated under paragraph 1. After the expiry of the period, the road construction authority may remove the plantings or facilities or have them removed at the expense of the obligated party. In case of imminent danger, the road authority may without further ado remove the plantings or facilities or have them removed.
(3) In the event of the removal of plantings and facilities within the meaning of subsection (2) sentence 1, subsection (1) sentence 5 shall apply insofar as the plantings and facilities already existed and complied with the applicable law at the time of the entry into force of this Act or the conditions for their removal only occurred later as a result of the new construction or reconstruction of a road. If an agreement on compensation is not reached, § 42 para. 4 and 5. If the person entitled to compensation has contributed to the occurrence of a pecuniary disadvantage, § 254 of the Civil Code shall apply accordingly.
§ 27 Roadside greenery
(1) Measures concerning the roadside greenery of the road and the ancillary facilities shall be reserved for the road construction authority. If the municipality is not responsible for the roadway in the course of local thoroughfares, the measures shall be taken in consultation with the municipality. The protection of nature and landscape shall be taken into account. In all other respects § 10 para. 2 and 3. This also applies to federal trunk roads. Sections 31 and 72 para. 2 sentence 2 of the Brandenburg Nature Conservation Act shall remain unaffected.
(2) The owners and the occupiers of land along public roads shall tolerate the unavoidable impact of plantings from the area of the road body and ancillary facilities and the measures for their maintenance and supplementation. Interventions from their side require the consent of the road construction authority.
(3) In local thoroughfares in the course of state and district roads, the authority under subsection (1) may be transferred to the municipality, even if it is not the responsible body for road construction. 1) Crossings within the meaning of this law are crossings at the same level. Unequal height overlaps of public roads. Junctions of public roads are equal to intersections. If several roads join another road at one point, these junctions shall be deemed to be intersections of all roads involved.
(2) If a decision is made on the construction of new intersections and on the modification of existing ones by means of plan approval or plan authorization, the allocation of costs shall be regulated at the same time, unless the public authorities involved have reached an agreement on this.
(3) Additions to crossing systems are to be treated as modifications.
(4) The road construction authority responsible for the road of higher traffic significance decides on the connection of public roads to federal, state or district roads, taking into account the infrastructure requirements. The road authority responsible for the subordinate road shall take into account the interests of safety and security. Ease of flowing traffic to be taken into account.
§ Section 29 Cost bearing in the construction and modification of intersections of public roads
(1) When constructing a new intersection, the road authority of the newly added road shall bear the intersection related costs. This also applies if the existing road is being upgraded at the same time. The costs shall also include the costs of the changes necessitated by the new intersection on the other public roads, taking into account the foreseeable traffic development. The modification of an existing intersection is to be treated as a new intersection when a public road, which by the nature of its roadway was not suitable and not intended to accommodate general motor vehicle traffic, is developed into a road serving such traffic.
(2) If several roads are constructed at the same time or if new intersections are created at existing intersections, the road construction authorities shall bear the intersection-related costs in proportion to the carriageway widths of the road branches involved in the intersection.
(3) If an uneven-grade intersection is modified, the resulting costs shall fall
1. Shall be borne by the road authority requesting the change or by the road authority requesting the change. 2. Shall be borne by the road authorities involved who request the modification, in proportion to the widths of the road branches involved in the intersection after the modification.
(4) If a grade-separated intersection is modified due to the extension of one or more roads, paragraph 3 shall apply mutatis mutandis to the costs of the modification thereby incurred. If a grade-separated intersection has to be changed to improve the safety and ease of traffic without simultaneously widening a road, the cost of the change is to be borne by the party responsible for the road of higher traffic importance.
(5) Bicycle lanes and sidewalks, dividing strips and paved shoulder strips shall be included in the measurement of roadway widths.
§ 30 Maintenance of road crossings
(1) In the case of intersections at the same level, the road authority of the road of higher traffic importance shall maintain the intersection facilities.
(2) In the case of intersections of unequal height, the bearer of the road construction obligation of the road with higher traffic significance shall maintain the intersection structure, and the other parts of the intersection structure shall be maintained by the bearer of the road construction obligation of the road to which they belong.
(3) Deviating regulations shall become invalid at the time when a significant change is made to the intersection after the entry into force of this Act.
(4) The provisions of paragraphs 1 and 2 shall not apply insofar as otherwise agreed.
§ Section 31 Cost bearing for crossings with bodies of water
(1) If roads are newly constructed or expanded and crossings with bodies of water (bridges or underpasses) have to be built for this purpose or existing crossings have to be modified, the party responsible for the road construction shall bear the costs incurred thereby. The crossing facilities shall be constructed in such a way that, taking into account the foreseeable development of the water management conditions, the water runoff is not adversely affected. If the person responsible for the maintenance of the watercourse requires more extensive modifications, he shall bear the additional costs thereof.
(2) If bodies of water are developed (Section 31 of the Water Resources Act) and if, for this purpose, crossings with roads are constructed or existing crossings are modified, the sponsor of the development project shall bear the costs thereby incurred. If a new crossing is required because a body of water is being constructed, the foreseeable traffic development on the road shall be taken into account. If the construction or modification of a crossing is necessary because the watercourse is being substantially redesigned, the current traffic needs shall be taken into account. If the owner of the road requires further changes, he shall bear the additional costs thereof.
(3) If a road is newly constructed and at the same time a watercourse is constructed or substantially altered for reasons other than road construction, so that a new crossing is created, the owner of the road and the owner of the watercourse shall each bear half of the costs of the crossing. Simultaneity within the meaning of sentence 1 shall be deemed to exist if plans are available which are ready for construction and which allow simultaneous construction.
(4) If a road and a body of water are developed at the same time and, as a result, an existing crossing facility is modified or replaced by a new crossing facility, the body responsible for the development of the body of water and the body responsible for the construction of the road shall bear the resulting costs for the crossing facilities in the same proportion as the costs would be if the measure were carried out separately. Paragraph 3, sentence 2 shall apply accordingly.
(5) If no agreement can be reached on the crossing measure or its costs, a decision shall be taken thereon by means of planning approval.
§ Section 32 Maintenance of crossings with bodies of water
(1) The entity responsible for road construction shall maintain the crossing facilities of roads and bodies of water at its own expense, unless otherwise agreed or determined by planning approval. The maintenance obligation of the road authority does not extend to guide rails, guide piles, dolphins, settling piles or similar installations for securing the passage under bridges in the course of roads for shipping or to navigation signs. Insofar as these facilities were to be constructed at the expense of the entity responsible for road construction, the latter shall reimburse or pay the maintenance costs and the costs of operation of these facilities to the entity responsible for maintenance.
(2) If, in the case of section 31 para. 2 a new crossing is constructed, the owner of the development project must reimburse or pay the additional costs for the maintenance and operation of the crossing facility. Saved maintenance costs for the discontinuation of existing crossing facilities shall be credited to.
§ Section 33 Authorization to issue ordinances
The member of the state government responsible for road construction shall be authorized to issue legal ordinances by which
1. The scope of the costs under sections 29, 30, 31 and 32 is determined in more detail; 2. Which road facilities are to be included in the intersection and which parts of an intersection are to be included in the intersection in accordance with section 30 subsection (1). 1 and 2 belong to one or the other road.
In the case of §§ 31 and 32, the statutory order shall be issued in agreement with the member of the state government responsible for water management.
§ 34 Diversions
(1) In the event of temporary restriction of public use on a road, the entities responsible for road construction on other public roads, including federal trunk roads, shall be obliged to tolerate the detour of traffic on their roads.
(2) Before imposing a restriction, the road authority responsible for the detour route, the road traffic authorities and the municipalities whose territory the road affects shall be informed.
(3) The road construction authority shall, in consultation with the road construction authority responsible for the detour route, determine which road construction and other measures are necessary to make the detour route safe to accommodate the additional traffic. The additional expenses necessary for this shall be reimbursed by the initiator to the party responsible for the road construction of the detour route. This shall also apply to expenses incurred by the party responsible for road construction on the detour route in order to remedy damage demonstrably caused by the detour.
(4) If the detour must be routed in whole or in part over private roads that serve public traffic, the owner shall be obligated to tolerate the detour upon written request by the road construction authority. Paragraph 3, sentences 1 and 2 shall apply mutatis mutandis. The road authority is obliged, at the request of the owner, to prepare the private road to accommodate the rerouted traffic, or. To restore the former condition of the road after its removal.
(5) Paragraphs 1 to 4 shall apply mutatis mutandis if new state or district roads have to be temporarily connected to the road network via other roads and paths serving public traffic.
Section 5 Planning, planning approval and expropriation
§ 35 Planning and line determination
(1) In the case of planning involving the construction or substantial modification of existing state roads and district roads, the principles and other requirements of regional planning and state planning shall be taken into account and their objectives observed, without prejudice to other requirements under other statutory provisions. In addition, the following principles and general objectives shall be taken into account in particular:
1. The improvement of the transport infrastructure with a reasonable allocation of transport tasks to the appropriate carriers, whereby priority shall be given to public transport; 2. The increase of traffic safety, in particular taking into account the interests of groups of persons particularly endangered in road traffic as well as bicycle and pedestrian traffic; 3. To improve environmental protection, in particular protection against noise, exhaust fumes and excessive consumption of resources, as well as protection of water bodies including groundwater, soil, nature, landscape and monuments; 4. The improvement of the quality of life in local thoroughfares through the construction of bypasses that are compatible with the landscape and through the reconstruction of existing local thoroughfares in a way that is compatible with the city; 5. The transport policy principles of the state government.
In the planning process, public and private interests are to be weighed against each other and among each other in accordance with the respective status.
(2) The member of the state government responsible for road construction shall, in consultation with the member of the state government responsible for regional planning, determine the planning and routing for the construction of new state roads (routing). Insofar as a routing, according to the spatial planning assessment, meets the requirements of spatial planning according to § 15 Para. 1 sentence 1 of the Regional Planning Act, the agreement of the member of the state government responsible for regional planning is to be obtained.
(3) For the participation of the citizens in the planning for the determination of the route, everyone whose interests may be affected by the planning, as well as the nature conservation associations recognized by the state according to § 29 of the Federal Nature Conservation Act, shall be given the opportunity to express their views. For this purpose, the draft plans shall be made available for public inspection in the affected municipalities for one month after prior local announcement. Insofar as various solutions can be considered in planning for the determination of the route, these shall be indicated. Comments may be made up to two weeks after the expiry of the display period. Thereafter, the municipality, with the participation of the road authority, shall give the opportunity for explanation and discussion of the planning. When submitting its own comments, the municipality shall inform the road authority of the concerns and suggestions made; it shall also address the concerns and suggestions made. The responsible body for road construction shall include the results of the public participation in the consideration of the concerns. Participation in planning can be waived if a preparatory urban land use plan or an approved lignite plan already contains the planning or if corresponding participation has been carried out as part of the regional planning procedure.
(4) The specific planning and line layout shall be incorporated into the land use plan. Insofar as it has regional or supraregional significance, the planning must be identified in the state development plan or regional plan. The legally binding decision on the planning is made by the plan approval or plan permit.
(5) In the case of local and supra-local planning which may result in the modification of existing or the construction of new state and district roads, the planning authority must reach agreement in good time with the responsible road authority, without prejudice to more extensive statutory provisions.
(6) If several road authorities are responsible for sections or components of roads, they should plan the measures in mutual consultation with each other.
§ Section 36 Planning Area
(1) In order to ensure the planning of state and district roads, the member of the state government responsible for road construction may, at the request of the entity responsible for road construction, establish planning areas by statutory order in the case of state roads, and the entity responsible for road construction may, in the case of district roads, establish planning areas by statute for a maximum period of two years. The municipalities and counties, whose area will be affected by the planning areas to be defined, are to be heard beforehand. The period may be extended to a maximum of four years by statutory order or articles of association if special circumstances so require. The determination ceases to be in force with the beginning of the laying out of the plans in the planning approval procedure or with the announcement of the plan approval. The duration of the effectiveness of a planning area is limited to the four-year period of the change ban of § 40 para. 2 to be charged.
(2) From the entry into force of the legal ordinance or bylaws governing the planning area, no changes that significantly increase the value of the land or significantly complicate the planned road construction may be made on the land affected by the plan until it is taken over by the road construction authority. Changes that have been started in a legally permissible manner before, maintenance work and the continuation of a previously exercised use are not affected by this.
(3) The designation of the planning area shall be made public in the communities whose territory will be affected, in accordance with local practice. In doing so, it shall be pointed out, stating the place and time, that maps of the planning area are available for inspection at the municipalities during the period of validity of the determination.
(4) The road construction authority may allow exceptions to the change barrier in accordance with paragraph 2, if overriding public interests do not conflict.
§ 37 Preliminaries
(1) Owners and other beneficial owners must tolerate necessary surveys, soil and groundwater investigations, including the temporary placement of marker signs and other preliminary work by the road construction authority or its agents, in preparation for planning and construction implementation. Dwellings may be entered only with the consent of the owner of the dwelling. Sentence 2 does not apply to work, business or business premises during the respective working, business or residence hours. Entering enclosed properties should be coordinated with the owner.
(2) Notice of the intention to perform such work shall be given to the owner or other person entitled to use the land at least two weeks in advance, either directly or by local notice in the municipalities in whose area the preliminary work is to be performed.
(3) If an owner or other person entitled to use a road suffers direct pecuniary disadvantages as a result of a measure pursuant to subsection (1), the party responsible for road construction shall pay appropriate compensation in money. If no agreement can be reached on monetary compensation, the expropriation authority shall set the compensation at the request of the road construction authority or the entitled party. The parties involved must be heard before the decision is made.
§ Section 38 Planning approval, planning permission
(1) National roads may be built or substantially modified only if the plan is previously established. For the construction or substantial alteration of other roads, if they are in the charge of a district or a municipality, a planning approval procedure may be carried out upon application and at the expense of the body responsible for road construction. Insofar as an environmental impact assessment is required, a planning approval procedure shall be carried out or a planning approval shall be applied for. Paragraph 5 shall apply mutatis mutandis.
(2) For the construction or substantial alteration of a road, planning approval may be granted instead of a zoning decision if the rights of others are not or only insignificantly affected or if the parties concerned have declared their consent in writing to the use of their property or another right and consultation has been established with the public bodies whose area of responsibility is affected. The planning approval is granted by the authority responsible for planning approvals. It is an administrative act and has the legal effects of a planning approval, including expropriation. The associations recognized in accordance with § 63 of the Brandenburg Nature Conservation Act must be given the opportunity to submit their comments and to inspect the relevant expert reports.
(3) Within the framework of plan approval and plan authorization, all projects shall be subject to an environmental impact assessment pursuant to the Environmental Impact Assessment Act which are likely to have significant effects on the environment. Such projects are
1. Expressways reserved for motor vehicle traffic, accessible only through interchanges or specially regulated intersections, on which, in particular, stopping and parking are prohibited, 2. The construction of a new road of four or more lanes, or the relocation and/or upgrading of an existing road of one or two lanes to a road of four or more lanes, if such new road or such relocated and/or upgraded road section has a continuous length of 10 km or more, 3. The new construction or expansion of roads, with the exception of bicycle paths and sidewalks, if the measure1. Individually or in combination with other projects may lead to significant impairment of an area protected by Directives 79/409/EEC or 92/43/EEC, or of a national park or nature reserve, or is located in protection zone I or II of a water protection area, 2. Over a total length of more than 1 km in biotopes in accordance with § 32 Para. 1 of the Brandenburg Nature Conservation Act or protected landscape elements, 3. Is located over a length of more than 3 km in water protection areas of protection zone III, 4. Is located over a length of more than 4 km in biosphere reserves in landscape protection areas, in monument areas or in areas that are historically, culturally or archaeologically significant, 5. Is located over a length of more than 2.5 km in areas or agglomerations for which, in accordance with Article 8 para. 3 of Council Directive 96/62 EC of 27 June 1996 on the approximation of the laws of the Member States relating to the construction of roads. September 1996 on the assessment. Air quality control (ABl. EC No. L 296 S. 55) a clean air plan is required, 6. Is located over a length of more than 1.5 km in built-up areas with predominantly residential development and, on the basis of a current traffic forecast, an average daily traffic volume of at least 8,000 motor vehicles/24 h is to be expected over a forecast period of ten years, or 7. On a length of more than 5 km in nature parks or in forest areas in the sense of § 2 Para. 1 of the State Forest Act lies.
If a project under letters b to g does not meet any of the threshold values specified therein, but at least two of these threshold values are met by more than 75 percent, an environmental impact assessment shall also be carried out. The obligation to carry out an environmental impact assessment shall also apply if several projects of the same type to be implemented by the same or several sponsors and closely related in time or space (cumulative projects) together reach or exceed the relevant thresholds.
(4) The plan approval or plan approval may be omitted in case of changes or extensions of insignificant importance. Cases of insignificance exist in particular if
1. The project is not one for which an environmental impact assessment must be carried out, 2. Rights of others are not affected or appropriate agreements have been reached with those affected by the plan and 3. The public interest groups have not submitted any negative comments within a period of four weeks after notification of the plan or the necessary official decisions have been taken and they do not oppose the plan.
The decision on this shall be taken by the plan approval authority.
(5) Development plans pursuant to Section 9 of the Building Code shall replace the planning approval and the planning permit pursuant to subsections (1) and (2) above. If an addition becomes necessary or if determinations of the development plan are to be deviated from, the plan approval or the plan approval is to be carried out to that extent. Optionally, upon request and at the expense of the entity responsible for road construction, the municipality may carry out an amendment to the development plan in a simplified procedure in accordance with Section 13 of the Building Code, provided that the prerequisites are met. In both cases, §§ 40 and 43 para. 1, 2, 4 and 5 as well as Section 44 para. 1 to 4 of the Building Code.
(6) The facilities serving the safety and order on state roads and county roads, such as police stations, accident assistance facilities and helicopter sites, may, if they have a direct access to these roads, be included in the plan approval, plan approval or development plan in accordance with paragraph 5 for the determination of the areas. The same shall apply to customs facilities on state roads and district roads.
§ 39 Special provisions for plan approval and plan authorization
(1) The provisions of the Administrative Procedure Act for the Land of Brandenburg shall apply to plan approval and plan licensing procedures, unless otherwise provided for below.
(1a) The hearing authority shall notify the associations recognized under Land law within the scope of Section 60 of the Federal Nature Conservation Act about the interpretation of the plan, as well as other associations, insofar as they are committed to environmental protection and are recognized under procedures provided for in other statutory provisions for the filing of appeals in environmental matters (associations). It shall give them the opportunity to comment. The notification has to be made within the period of § 73 para. 2 of the Administrative Procedure Act for the State of Brandenburg must be complied with. It shall be made available for public inspection in accordance with Section 73 para. 5 sentence 1 of the Administrative Procedure Act for the Land of Brandenburg shall apply in the municipalities, offices and independent cities in which the project will have an impact. The participation of other associations in accordance with the general regulations shall remain unaffected. Sentence 4 shall apply mutatis mutandis to planning approvals for which an environmental impact assessment is to be carried out. The planning documents shall be made available to the associations recognized under Section 63 of the Brandenburg Nature Conservation Act in the same form as they are made available to the agencies of public interest, insofar as these are required for the assessment of the impact on nature and landscape.
(1b) For associations, Section 73 para. 4 of the Administrative Procedure Act for the State of Brandenburg accordingly. § 73 para. 6 of the Administrative Procedure Act for the State of Brandenburg applies mutatis mutandis if the associations have submitted their comments within the time limit. They shall, unless paragraph 2 applies, be notified of the hearing date.
(1c) Non-resident affected persons, whose person and whereabouts are known, shall, at the instigation of the hearing authority, be exempted from the display in the municipality with the notice pursuant to Section 73 para. 5 sentence 2 of the Administrative Procedure Act for the Land of Brandenburg shall be notified.
(2) From a formal discussion in the sense of § 73 para. 6 of the Administrative Procedure Act for the State of Brandenburg may be waived. Before the conclusion of the planning approval procedure, the objectors shall be given the opportunity to make comments. The same also applies to planning approvals, insofar as in the process, via Section 9 of the Environmental Impact Assessment Act, Section 73 para. 6 of the Administrative Procedure Act is referred to.
(3) objections to the plan or – in the case of § 73 para. 8 of the Administrative Procedure Act for the State of Brandenburg – its amendments are excluded after the expiry of the objection period. Objections and comments by the associations are excluded after expiry of the comment period pursuant to subsection 1b. The legal consequences of sentences 1 and 2 are to be pointed out in the announcement of the interpretation or in the announcement of the objection or comment period as well as in the notification of the associations.
(4) Regulations made at the hearing are subject to confirmation by the zoning authority.
(5) If implementation of the plan is not commenced within five years of its becoming unappealable, it shall cease to have effect unless the period of validity of the plan approval resolution or the plan approval is extended in advance by the plan approval authority by a maximum of five years at the request of the entity responsible for road construction. A hearing limited to the application shall be held in accordance with the procedure prescribed for zoning approval before a decision is made on the renewal of a zoning ordinance or zoning permit. The provisions applicable to the zoning decision or the zoning approval shall apply mutatis mutandis to the notification and interpretation of, and appeals against, the decision on the extension.
(6) If a plan is determined or approved, for the execution of which several road construction authorities are responsible, one of them can be assigned the execution of the entire plan upon request.
(7) The zoning decision and the zoning approval shall be served on the project owner and on those on whose objections a decision has been made, with instructions on how to appeal; the provisions of the Administrative Procedure Act for the State of Brandenburg on the notification of zoning decisions shall remain unaffected in all other respects.
(8) In a plan approval or plan authorization procedure, the plan approval authority may, at the request of the party responsible for the road construction, and in a manner that may be revoked at any time, permit road construction work to commence prior to the determination of the plan or prior to the granting of the plan authorization if
1. A decision in favor of the road authority is to be expected, 2. There is an overriding public interest in the early commencement, 3. No comments or objections to the road planning that are of significance for the consideration of the matter have been raised, and 4. The property owners and users affected by the early measures have agreed to them.
(9) An appeal against a zoning decision or zoning approval of a road does not have a suspensive effect.
(10) Deficiencies in the consideration of public and private interests affected by the project shall only be significant if they were obvious and had an influence on the result of the consideration of. Significant deficiencies in the weighing of interests or a violation of procedural or formal requirements shall only lead to the revocation of the zoning decision or the zoning approval if they cannot be remedied by supplementing the plan or by a supplementary procedure; Sections 45 and 46 of the Administrative Procedure Act for the State of Brandenburg shall remain unaffected.
(11) The hearing authority shall be the State Office for Construction and Transport, the planning approval authority shall be the member of the State Government responsible for road construction.
(12) § 73 para. 1 of the Administrative Procedure Act for the State of Brandenburg shall apply with the proviso that, in addition to the names and current addresses of owners of affected properties, those of persons entitled to use the property in rem may also be included in the plan, insofar as this is necessary. The affected property owners are obligated to provide the necessary information to the responsible authorities and institutions upon request.
§ 40 Change blocking
(1) From the commencement of the display of the plans in the plan approval procedure or from the time when the parties concerned are given the opportunity to inspect the plan, no alterations may be made to the areas affected by the plan until they have been taken over by the road construction authority which substantially increase the value of the land or which substantially impede the planned road construction (block on alterations). Changes that have been started in a legally permissible manner beforehand, maintenance work and the continuation of a previously exercised use are not affected by this.
(2) If the prohibition of changes lasts longer than four years, the owners may demand appropriate compensation in money from the road authority for the resulting financial disadvantages. They may also demand the takeover of the land affected by the plan if it is economically unreasonable to expect them to use the land in the previous or another permissible manner in view of the change freeze. If no agreement can be reached on the takeover, the owners may demand the seizure of ownership of the land. In all other respects § 42 shall apply.
(3) The road construction authority may permit exceptions to the prohibition of changes if they do not impair the planning protected by the prohibition of changes, would lead to an obviously unintended hardship in the individual case and the exception is compatible with public interests or if reasons of general welfare require the exception.
(4) If the project is finally abandoned prior to the issuance of the zoning decision, the zoning authority shall discontinue the procedure by means of a resolution. The decision shall be published in accordance with local custom in the municipalities in which the plans were available for inspection. With the announcement end the change barrier. The restrictions on cultivation according to § 24 para. 5.
(5) In the cases referred to in subsection 1, sentence 1, the road authority shall have a right of first refusal in respect of the land concerned.
§ Section 41 Early transfer of possession
(1) If the immediate commencement of construction work is required and the owner or occupier refuses to relinquish possession of a plot of land required for the road construction measure by agreement, subject to all claims for compensation, the expropriation authority shall, at the request of the owner or occupier, transfer possession to the road construction authority after the plan has been established or the plan approval has been granted. The zoning decision or the zoning approval must be enforceable. Further prerequisites are not required.
(2) The expropriation authority shall hold oral hearings with the parties involved no later than six weeks after receipt of the application for transfer of possession. For this purpose, the road construction authority. The parties concerned shall be summoned. In this case, the parties concerned shall be notified of the application for the transfer of possession. The period of notice is three weeks. With the summons, the affected parties are to be requested to submit any objections to the application to the expropriation authority prior to the oral hearing. You are also to be informed that even in the event of non-appearance, a decision may be made on the application for the transfer of possession and other applications to be settled in the proceedings.
(3) Insofar as the condition of the land is of importance, the expropriation authority shall determine this in a record or have it determined by an expert by the beginning of the oral proceedings. The parties involved shall be sent a copy of the minutes or of the result of the determination. 4) The decision on the transfer of possession shall be notified to the applicant. To be served on the persons concerned not later than two weeks after the oral proceedings. The transfer of possession shall take effect at the point in time specified by the expropriation authority. This point in time shall be set at a maximum of two weeks after the order on the early transfer of possession has been served on the immediate owner. The order for early transfer of possession shall deprive the owner of possession. The owner of the road. The owner of the road may carry out the construction project specified in the application for the transfer of possession on the land and take the necessary measures for this purpose.
(5) The entity responsible for road construction shall pay compensation for the property disadvantages resulting from the early transfer of possession, insofar as these disadvantages are not compensated by interest on the monetary compensation for the deprivation or restriction of property or another right. The type and amount of compensation shall be determined by the expropriation authority in a resolution.
(6) If the established or approved plan is cancelled, the early transfer of possession shall also be cancelled and the previous owner shall be restored to possession. The early transfer of possession shall also be cancelled if, despite a request by the owner or the immediate possessor, the road authority does not submit an application for expropriation within a reasonable period of time, but not later than six months, or if the application for expropriation is rejected or the expropriation order is cancelled. The owner of the road shall pay compensation for any special disadvantages caused by the early transfer of possession.
(6a) An appeal against an early transfer of possession shall not have a suspensive effect.
(7) Paragraphs 1 to 6a shall apply mutatis mutandis to land used for facilities pursuant to section 38 para. 6 shall be required.
§ Section 41a Appointment of representatives
If the ownership of a plot of land is unclear, the local supervisory authority of the municipality in which the plot of land is located shall, in cases where a plan approval procedure or preliminary work is to be carried out, appoint a representative of the owner upon application by the plan approval authority and, in cases where an early transfer of possession is to be ordered, upon application by the expropriation authority, within two weeks after the application is made. § 16 para. 3 and 4 of the Administrative Procedure Act for the State of Brandenburg shall apply.
§ Section 42 Expropriation
(1) The road authorities shall have the right of expropriation in order to perform their duties. Expropriation shall be permissible insofar as it is necessary for the execution of a construction project carried out in accordance with the provisions of §§ 38 et seqq. Established or approved plan is necessary. A further determination of the admissibility of the expropriation is not required.
(2) The established or approved plan shall form the basis of the expropriation proceedings and shall be binding for the expropriation authority.
(3) If an affected party has agreed in writing to the transfer or restriction of ownership or other right, but no agreement has been reached on compensation, the compensation procedure may be carried out directly by the expropriation authority at the request of an interested party.
(4) If the road construction authority is obliged to pay compensation in money in accordance with sections 22, 24 and 26 or on the basis of a planning approval decision in accordance with section 39 and if no agreement can be reached between the party concerned and the road construction authority on the amount of the compensation, the expropriation authority shall decide on the application of one of the parties involved. For the procedure, the provisions of expropriation law concerning the determination of compensation shall apply accordingly.
(5) Subsections (1) to (4) shall apply mutatis mutandis to land used for facilities pursuant to section 38 para. 6 are required.
(6) In all other respects, the expropriation law of the state of Brandenburg applies.
§ Section 43 New Construction and Expansion of State Roads
(1) For the construction of new and the substantial alteration of existing state roads in the charge of the state, the Landtag shall, on the basis of the state transport plan, adopt the state road requirement plan for a period of at least 15 years as a law. The inclusion of a measure in the requirements plan is a prerequisite for its planning.
(2) The member of the Land government responsible for road construction shall, in consultation with the Transport Committee of the Land Parliament and taking into account the Land road requirements plan, draw up the Land road expansion program for a period of five years at a time.
(3) The member of the State Government responsible for road construction shall draw up an annual expansion program on the basis of the State road expansion program pursuant to subsection (2) and shall forward it to the Landtag when the draft budget is introduced. The expenditure requirements of the current budget year for the individual construction measures shall be listed in an annex to the explanatory notes of the corresponding title of the draft budget.
(4) The member of the state government responsible for road construction shall report to Parliament once in each legislative term on the progress of the planning, construction and maintenance of state roads.
Section 6 Supervision and Responsibilities
§ Section 44 Road Supervision and Road Supervision Authorities
(1) The performance of the duties incumbent upon the road authorities under the provisions of the law shall be supervised by the road inspectorate. It shall also take action at the request of concerned authorities.
(2) If the owner of the road does not fulfill his obligations, the road supervisory authority may order him to carry out the necessary measures within a certain period of time. If a road authority does not comply with the order, the road supervisory authority can carry out the necessary measures in its place and at its expense or have them carried out by someone else. For the implementation of road supervision, the provisions of the municipal constitution of the State of Brandenburg on municipal supervision shall apply accordingly. The road supervisory authority shall notify measures to be carried out by several road construction authorities in good time so that they can be carried out as coherently as possible.
(3) The State Road Administration shall supervise the roads of the State which are not in the charge of the State, and shall supervise the roads of the districts and the municipal roads of the towns of the districts. In other respects, road supervision is carried out by the district councils as the general lower state authority.
§ 45 Construction regulations
The ministry responsible for road construction may, in consultation with the ministry responsible for urban development, introduce construction regulations for the construction and maintenance of state roads and district roads and, in consultation with the ministry responsible for urban development, introduce construction regulations for the design of municipal roads. Construction regulations shall be deemed to be generally recognized rules of technology. This also applies to federal trunk roads.
§ Section 46 Road construction authorities
(1) The supreme road construction authority is the ministry responsible for road construction.
(2) The duties of the road construction authorities shall be performed by
1. For state roads, by the State Highway Administration as the lower road construction authority, unless municipalities are responsible for the construction of local roads, 2. For district roads by the districts and independent cities, insofar as the municipalities are not responsible for road construction for the local thoroughfares, 3. For municipal roads as well as for local thoroughfares in the course of state roads and district roads by the municipalities, insofar as they are responsible for road construction, 4. For other public roads, by the body responsible for road construction if this is a corporation or a foundation under public law. In the case of the other roads in this group of roads, the powers of the road authority shall be exercised by the competent municipality.
(3) The counties may by agreement transfer the management and maintenance of county roads, including the conversion and expansion, to the State Highway Administration in return for reimbursement of the costs incurred. The rights of the road authority shall remain unaffected.
Section 7 Administrative offences, street cleaning, final provisions
§ 47 Administrative Offences
(1) It is an administrative offense for anyone who intentionally or negligently
1. Pollutes, damages or destroys a street contrary to § 17, 2. Contrary to § 18 Abs. 1 uses a road beyond the public use without permission, 3. One of the following in accordance with § 18 para. 2 fails to comply with an enforceable condition imposed, 4. Contrary to § 18 para. 4 fails to erect or maintain installations in accordance with the regulations or, contrary to § 18 para. 5 fails to remove facilities or restore the portion of the road used to a proper condition at the enforceable request of the competent authority, 5. Contrary to Section 19, uses a road without permission or fails to comply with an enforceable order to cease use issued in accordance with Section 20, 6. Contrary to § 22 Abs. 1 in connection with § 18 Abs. 1 creates or alters access roads or accesses without permission, 7. Contrary to § 22 Abs. 4 in connection with § 18 Abs. 4 does not maintain access roads or entrances in accordance with the regulations, 8. A person who, in accordance with § 22 para. 7 does not comply with an enforceable order issued, 9. Contrary to § 24 Abs. 1 or § 24 Abs. 4 erects buildings or structures, or makes large-scale embankments or excavations, 10. Installations of outdoor advertising contrary to § 24 para. 7 sentence 1 in connection with § 24 para. 1, 2 and 4 or contrary to § 24 para. 7 sentence 2 on bridges, 11. Fails to comply with enforceable conditions under which an exemption pursuant to § 24 para. 9 from the prohibitions of § 24 para. 1, 4 and 7 was permitted, 12. Contrary to § 26 para. 1 does not tolerate the necessary facilities or contrary to § 26 para. 2 sentence 1 establishes plantings or facilities that impair traffic safety, or contrary to § 26 para. 2 sentence 3 does not tolerate its removal 13. Contrary to § 37 Abs. 1 preliminary work or does not tolerate the temporary placement of marker signs, 14. Contrary to § 40 para. 1 on the areas affected by the plan or in the area designated in accordance with section 36 para. 1 makes changes in the defined planning area, 15. As owner, holder of heritable building rights, holder of rights of use or as obligated party pursuant to § 49a para. 6 of a statute pursuant to § 49a para. 5 sentence 1 no. 2, insofar as the statutes refer to this provision on fines for a particular offence. The same shall apply to the person who, in the case of unresolved ownership under § 49a para. 5 sentence 3, the owner is required to perform the duties of the owner because he exercises actual control over the property.
(2) Administrative offences under paragraph 1 no. 1 to 8, 12, 13 and 15 may be fined up to 2 500 euros, administrative offences under paragraph 1 no. 9 to 11 and 14 may be punished by a fine of up to 5,000 euros. 3) competent administrative authority to prosecute. Punishment of administrative offences are the road authorities in accordance with § 46 Abs. 2.
§ Section 48 Transitional Provisions
(4) The former company-public roads shall become municipal roads, provided that they meet the requirements of § 3 para. 4, or other public roads within the meaning of Article 3 paras. 5 or after confiscation in accordance with § 8 private ways. The decision shall be made by the municipality. The previous party responsible for maintenance or its legal successor must be involved in the process. In agreement with the municipality, a classification as a state or district road in accordance with § 6 para. 2 are decreed.
(4a) Any person claiming a legitimate interest in maintaining the publicity of the street shall do so by 30. June 2000 to notify the municipality in writing. In such cases, the municipality shall make a decision pursuant to subsection (4) and, by 31. December 2000 to make known.
(7) Roads which were in public use under the previous law shall be deemed dedicated in accordance with § 6. In the case of roads as defined in paragraph 4, this shall apply only if, by 31. December 2000 in a road register or, pending a final decision on the application in accordance with subsection 4a. To the extent that agricultural roads become private roads, entry or travel by riparians for the purpose of management is permitted at their own risk until otherwise regulated by law.
(9) The street directories or. Inventories shall be made by the road authorities within three years after the entry into force of this Act in connection with the determinations of paragraph 1 in accordance with § 4 para. 2 To be put on and made public.
(12) For land which, at the time of the entry into force of this Act, is used for state, district and municipal roads in the outer area (Section 35 of the Building Code) and is not the property of the entity responsible for road construction, the municipalities may, pursuant to Section 42 para. 1 proceed with the proviso that no zoning procedure shall be required.
§ 49 Repeal of legislation
Upon the entry into force of this Act, the following legislation shall enter into force, insofar as it is required by Article 9 para. 1 of the Unification Treaty of 31. August 1990 (BGBl. II S. 885) shall cease to be in force:
1. Decree from 22. August 1974 about the public roads – road regulation – (GBl. I S. 515), 2. First implementing regulation for the road ordinance of 22. August 1974 (GBl. I S. 522), 3. Second implementing regulation of the street ordinance of 14. May 1984 – Sperrordnung – (GBl. I S. 259).
§ 49a Street cleaning, winter service
(1) The municipalities shall clean all public roads within the closed local area. This also applies to federal highways. Type and extent of cleaning depend on local requirements. The proper duty to clean the streets takes precedence over the duty to clean the streets in accordance with traffic regulations.
(2) The cleaning obligation also includes the obligation to clear the sidewalks and crosswalks for pedestrians from snow and to grit them in case of icy conditions, insofar as there are no sidewalks in pedestrian zones (sign 242 Road Traffic Regulations) and in traffic-calmed areas (sign 325 Road Traffic Regulations), the sidewalk is deemed to be a strip of 1.5 m width along the property line in each case. The Minister responsible for road construction may, by statutory order, prohibit the gritting of sidewalks with substances that are likely to have an adverse effect on human health or the animal body or to cause harm to the environment.
(3) The municipalities have to clear the public roads, including the federal roads within the closed local area according to their capacity from snow and to grit in case of slippery conditions, as far as this is necessary for the maintenance of public safety and order.
(4) Municipalities may grant other municipalities or associations of municipalities the right to build roads by means of an agreement under public law which is not subject to approval under section 24 para. 2 of the Law on Municipal Joint Work requires, assign the winter maintenance of roadways in the closed local area or entrust them with the performance of the task. They may commission the Brandenburg State Highway Administration or private third parties to carry out winter maintenance of the carriageways within the built-up area by means of a public-law contract.
(5) The municipalities are entitled, by statute
1. To determine the nature and extent of cleaning and to extend cleaning to such public streets outside the enclosed urban area to which built-up properties adjoin, 2. To impose the cleaning obligation in whole or in part on the owners of the developed properties, and 3. To charge the owners of the developed properties user fees in accordance with the Municipal Fees Act.
If there is a heritable building right for the property or a right of use for the natural persons or legal entities under private and public law specified in § 9 of the Property Rights Settlement Act, the owner of the property shall be replaced by the heritable building right holder or the right of use holder. In the case of unclear ownership, the person who exercises actual control over the property performs the duties of the owner. The statute shall refer to the legal consequences under number 2 or 3.
(6) The bylaws may provide that, at the request of the obligated person, another person shall assume the duty of cleaning in his place by a written declaration to the municipality with its consent.
(7) The imposition of costs under paragraph 5 no. 3 is made in accordance with the provisions of the Municipal Charges Act for the State of Brandenburg that apply to user charges. The total fee may not exceed 75 percent of the total cost of street cleaning in the municipal area.