Submit objections and comments on measures in the federal waterways sector

You can submit objections and statements regarding construction work on federal waterways to the Directorate-General for Waterways and Shipping (GDWS) as part of the approval procedure.

Before federal waterways are built, expanded, or removed by authorities or companies, the public is informed about the plans and involved as part of the planning approval procedure. Citizens, organizations, environmental and nature conservation associations, and bodies representing public interests can participate in the planning approval by submitting objections and statements. 

Federal waterways are the rivers, canals, and coastal waters in Germany that are navigable by ships. Construction projects on federal waterways can, for example,

• the deepening of a channel profile, 
• the construction of a ship lift or 
• be the filling in of a lock canal.

Objections

Before potential approval of the construction work, the application documents for the planned construction project are publicly accessible for a legally defined period. During this time, as a citizen, you can obtain information about the construction project and check whether you feel your interests are affected by it, for example by the threat of noise or environmental pollution. You can then lodge an objection with the Directorate-General for Waterways and Shipping (GDWS). In it, you describe the feared impairment and provide your name and address.

Statements 

In addition, recognized environmental and nature conservation associations as well as public-sector bodies can submit statements on the project to the GDWS. Public-sector bodies may include affected districts and other authorities as well as utility companies, for example.
 

Public participation is part of the approval planning procedure. The procedure generally follows this sequence: 

• Application:
  • Project proponents (TdV) submit an application to conduct the plan approval procedure via the federal online service and submit all required documents there. 
• Authority involvement:
  • The planning approval authority requests that the agencies whose areas of responsibility are affected by the project submit their comments. They are given a deadline of no more than 3 months.
• Publication and public display
  • The planning approval authority hereby announces that the planning documents are available for public review.
  • The planning documents will be published on the planning approval authority's website.
    • in special cases, they can also be made available for public inspection in the municipalities affected by the plan. 
• Comments and Objections
  • Persons and associations affected by the construction project may submit objections and statements within a specific period:
    • Procedures without an environmental impact assessment: 2 weeks after the end of the online publication of the documents
    • Procedure with environmental impact assessment: 1 month after the end of the publication of the documents on the internet. This period can be extended to a maximum of 3 months.
  • After the deadline has passed, the comments and objections will be sent to the TdV for a response.
• Hearing
  • A public hearing is announced and conducted by the planning approval authority to discuss objections and comments. Those who have filed objections or submitted comments are notified of the public hearing.
• Changes to the Plan During the Plan Approval Process
  • Changes to the plan may occur. All individuals affected by the changes will be informed. 
  • In the event of significant changes to the plan, the public hearing process must be repeated. 
  • If the personal interests of individuals or the scope of duties of an authority or association are affected by the plan amendments for the first time or more strongly than before, they must be notified of the amendment. There is the possibility to submit objections and statements within 2 weeks.  
• Granting of Approval 
  • by the competent state authority. 
• Planning Approval Decision
  • All interests are weighed by the planning approval authority, resulting in the planning approval decision (PFB).
  • The PFB is mailed to the TdV and sent to the parties concerned via certified mail.  
    • If more than 50 service of process actions are required, they can be replaced by a public notice.
  • The PFB and the approved planning document will be publicized and made available for public review in the affected municipalities.  
  • The service, public display, and public notice of the plan approval decision may also be effected by publishing the decision, along with information on the available legal remedies and the approved plan, on the plan approval authority’s website for a period of 2 weeks.
  • The operative part of the planning approval decision, the deadline for filing an appeal, and a notice regarding its publication on the planning approval authority’s website shall also be published in the local daily newspapers within whose circulation area the project is expected to have an impact. 
• Lawsuit
  • A lawsuit can be filed against a plan approval decision. 
• Final Plan
  • Once the appeal period has expired, the planning approval decision becomes final. 

Public Participation

Submit objections and statements online: 

• Visit the website of the federal government's application and participation portal for transportation and offshore projects. 
• In the online service, you can enter your information step by step regarding your concern and submit your objection or statement digitally. Please fill out the form completely.
• You can upload and submit documents as a ZIP file. You will receive an automatic confirmation of receipt.
• Alternatively, you can print out the form you completed in the online service and send it by mail or fax to the Planning Approval Subdivision of the GDWS. You can also submit your objection or comment electronically, as described in the notice. 
• The GDWS will review your documents and contact you if necessary, should there be any questions or if further submissions are required. 
• The objections and statements will be forwarded to the project developer for examination and a counter-statement.
• During a hearing or a digital format, as specified in the announcement, the objections and statements are discussed with the project developer. In individual cases, a hearing may be waived. Anyone who has submitted an objection or statement can participate in the hearing or a digital format mentioned in the announcement.

Submit objections and statements by mail or fax:

• Send your objection or statement to the approval procedure sub-department of the GDWS.
• The GDWS will review your submission and contact you if any additional documents need to be submitted. You will not receive a confirmation of receipt.
• The objections and statements will be forwarded to the project developer for examination and a counter-statement.
• During a hearing or as part of a digital format mentioned in the public notice, the objections and statements are discussed with the project sponsor. In individual cases, a hearing may be waived. Anyone who has submitted an objection or statement may participate in the hearing or a corresponding digital format.
   

There are no costs. 

lawsuit before the Higher Administrative Court or Federal Administrative Court