Raise objections to planned construction projects of the federal railway and submit statements

Federal railway operational facilities may only be built, modified, or dismantled with the approval of the Federal Railway Authority. If your rights or interests are affected by the planned project, you may notify them.

Railway infrastructure facilities may only be newly built, modified, or decommissioned with a permit from the Federal Railway Authority (EBA).

Operating facilities of a railway include, for example:

• Railways
• Civil engineering structures such as
  • Bridges
  • Tunnel
  • Culverts
• Earthworks such as:
  • Dams
  • Cuts
  • Embankments
• signaling, safety, and telecommunications systems
• Train stations
• Breakpoints

If you, as a private individual, organization, or company, wish to raise an objection:

The construction project planning documents are on public display for one month.

During this time, you can inform yourself about the planned construction project. In doing so, you check whether the construction project impairs your rights or interests worthy of protection, for example through a threatened:

• Noise pollution
• Infringement of Property Rights
• Health hazard

Then you can submit an objection to the construction project with the EBA, in which you describe the feared impairment.

If you are a recognized environmental or nature conservation organization and would like to submit a statement:

You can view the planning documents for the construction project and check them with regard to:

• Nature conservation
• Environmental protection
• Landscape Conservation

In a statement, you can comment on whether the planned project is compatible with the legal regulations in these areas.

As an affected authority or other public interest body, you will be informed individually about the project. You examine whether the planned construction project has potential impacts on your public-law remit. In this case, you can submit a statement to the EBA.

Public participation is part of the plan approval procedure (PFV), which proceeds as follows:

• Application:
  • The project developer (VHT) submits an application for its infrastructure project via the federal online service and submits all required documents there.
• Authority involvement:
  • The planning approval authority notifies the authorities whose areas of responsibility are affected by the project.
• Publication and public display
  • The planning approval authority informs the public that the planning documents will be made available for public inspection.
  • The planning documents will be published on the "Application and Participation Portal for Transport and Offshore Projects".
• Comments and Objections
  • Individuals, organizations, and associations affected by the construction project may submit objections and comments online or in writing, without following a specific format, within a specified time frame.
  • The submitted statements and objections will be forwarded to the VHT for a counter-statement after the deadline has expired.
• Hearing
  • The objections and statements will be discussed. Those who have raised objections or submitted statements will be informed of the discussion meeting.
• Changes to the Plan During the Plan Approval Process
  • Changes to the plan may occur. All individuals affected by the changes will be informed.
  • If the interests of individuals or the scope of duties of an authority or association are affected by the plan changes for the first time or to a greater extent than before, they will be informed. There is again the opportunity to submit objections and statements. 
  • In the event of extensive plan modifications, the hearing procedure will be conducted again.
• Planning Approval Decision
  • All interests are weighed by the planning approval authority, resulting in the planning approval decision (PFB).
  • The PFB is sent to the VHT by mail and to the data subjects by means of a service of process. 
    • If more than 50 service of process actions are required, they can be replaced by a public notice.
  • The PFB and the planning documents will be publicized and made available for public review in the affected municipalities. 
    • The delivery, display, and public notification of the display of the plan approval decision can also be effected by publishing the decision, along with instructions on the right to seek legal remedy and the approved plan, for a period of two weeks on the "Application and Participation Portal for Transport and Offshore Projects".
    • The operative portion of the planning approval decision, the deadline for filing an appeal, and a notice regarding its publication on the application and public participation portal will also be published in local daily newspapers within the areas where 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.

If you submit objections and statements online as part of public participation:

• Open the website of the "Application and Participation Portal for Federal Transport and Offshore Projects".
• You register as a natural person using your identity card with the online ID function, the electronic residence permit, or the European eID.
• If you are a legal entity, association, government agency, or public-interest organization, please log in using your "My Business Account.".
• You can formulate your objection or statement in a free-text field and submit it digitally.
• You can upload documents as a PDF or as a ZIP file and send them along.
• You will receive an automatic confirmation of receipt.
• Alternatively, you can also print out the form filled out in the online service and send it by mail or fax to the EBA.
• The EBA will review your documents and, if necessary, contact you if there are any questions or if additional documents are required. 

If you submit objections and statements by post or fax as part of public participation:

• Send your objection or statement informally to the EBA.
• You will not receive an acknowledgment of receipt.
• The EBA will review your submission and contact you if further documents are required.

You can view the planning documents for one month on the "Application and Participation Portal for Transport and Offshore Projects". 

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