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Applying for exemption from railroad operating purposes for a property on which federal railroad operating facilities are located

Service Description

The closure or abandonment of a railroad operating facility, for example a section of track or a station, does not mean that it also loses its legal status as an operating facility. Properties that are operating facilities or on which operating facilities are located are subject to planning approval by the federal government and are removed from the general planning sovereignty of the municipalities.

This special status will only be revoked and the corresponding areas returned to the planning sovereignty of the municipalities if they are exempted from the rail-specific earmarking. You can apply to the Federal Railway Authority (EBA) for such an exemption from railroad operating purposes.

The following are eligible to apply for exemption

  • Railroad infrastructure companies,
  • Owners of the property,
  • the municipality on whose territory the property is located or
  • the responsible body for road construction on a public road that intends to use the property for road construction purposes.

Process flow

You can apply for exemption from rail operations online or in writing.

Apply online for exemption from rail operating purposes:

  • Go to the EBA e-Service portal.
  • Log in with your user data.
    • If you do not yet have a user account for the e-Service portal, you must register once.
  • The application wizard will guide you step by step through the required information. Complete the application form in full.
  • Upload the required documents and submit the application. You will receive an automatic confirmation of receipt.
  • The EBA will publish a notice in the Federal Gazette and on the Internet and give the public the opportunity to comment.
  • If you have not enclosed these with the application, the EBA will obtain information directly from the federal railroads on the dispensability of the land for which exemption is requested.
  • The EBA will send you a notification informing you of the decision on the exemption. The railroad infrastructure company, the owner of the land and the municipality on which the land is located will also receive a notification. The highest state planning authority will also be informed.
  • You will also receive a notification of fees/expenses, as you have to pay fees for the notice of exemption and any expenses must also be paid by you.


Apply in writing for exemption from rail operation purposes:

  • Submit an informal application on paper and sign it. Enclose the required documents with the application. Send the application with the documents as a letter to the EBA.
  • The EBA will publish a notice in the Federal Gazette and on the Internet and give the public the opportunity to comment.
  • If you have not enclosed these with the application, the EBA will obtain information directly from the federal railroads on the dispensability of the land for which exemption is requested.
  • The EBA will send you a notification by post informing you of the decision on the exemption. The railroad infrastructure company, the owner of the land and the municipality on which the land is located will also receive a notification. The highest state planning authority will also be informed.
  • You will also receive a notification of fees/expenses, as you have to pay fees for the notice of exemption and any expenses must also be paid by you.

Requirements

Exemption from railroad operating purposes can be granted if

  • the operating facilities are no longer required for rail traffic,
  • it is no longer expected that the infrastructure will be used for rail-specific purposes in the long term and
  • the land on which the operating facilities are located has been decommissioned (only in the case of land belonging to an operating facility for which permanent decommissioning is to be obtained in accordance with Section 11 AEG).

If only parts of an operating facility, in particular station buildings, are still required for railroad operations, the remaining parts of the land can be exempted as newly surveyed parcels if

  • the part remaining for railroad operations can exist independently in terms of statics and fire protection.

Which documents are required?

  • Precise designation of the exemption area and the installations or structures located thereon that are to be exempted from rail operation purposes, in particular with
    • Details of the parcel (municipality, district, parcel, if designated under state law, parcel number, area in m2)
    • Information on the line number and line kilometer, if known
    • Information on the former or previous use of the facility or parts of the facility, if known
    • Site plans (electronically or in at least 10 copies. If the plans are larger than A3 format, at least 5 paper plans must also be submitted if submitted electronically. Sometimes the Federal Railway Authority may also request additional copies).
  • In the case of representation: Proof of authorization to represent, e.g. power of attorney
  • Explanation and proof of ownership
  • Declaration on the dispensability check or feasibility check by Deutsche Bahn to exempt the parcel or area from rail operations, if available, otherwise this will be obtained by the Federal Railway Authority

What are the fees?

Fee: 2000,00 EUR
Payment in advance: No
SEPA credit transfer

What deadlines do I have to pay attention to?

There is no deadline.

Processing duration

It takes an average of 6 months to process your application. However, the individual processing time may vary considerably.

Legal basis

Applications / forms

Objection: Detailed information on how to lodge an objection can be found in the notification.

Appeal

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: No

Online services available: Yes

Further Information

Author

Forwarding service: Deep link to the original portal

Eisenbahn-Bundesamt

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Transport and Digital Infrastructure

Professionally released on

08.08.2022

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Start your request directly online:

Competent Authority

Eisenbahn-Bundesamt - Referat 51

Postal address
Post office box 200565
53135 Bonn, Stadt

Address
Heinemannstraße 6
53175 Bonn, Stadt
Telephone
+49 228 98260
Fax
+49 228 98269199
E-Mail
Contact us
WWW
Website of the Federal Railway Authority

Further Authorities