Flood Protection in Schwabach: Planning Approval Process

Notice

The Free State of Bavaria, represented by the Nuremberg Water Management Office, has submitted an application to the City of Erlangen for approval of a plan under water law pursuant to Section 68 of the Water Resources Act (WHG) for the construction and operation of a technical flood protection system and the improvement of the Schwabach watercourse in the area downstream of the Essenbach Bridge from river kilometer 0.19 (railway line) to river km 0.71 (Essenbach Bridge), as well as upstream of the Essenbach Bridge up to river km 0.86 and along the Mühlbach in the area from river km 0 to river km 0.25, and for landscaping measures in the riverbed and on the banks of the Schwabach

Granting of an advanced water law permit (Section 8(1), Section 10(1), Section 15 WHG) for the discharge of precipitation, seepage, and pressure water generated by the flood protection facilities for internal drainage at River No. 1518 (river km 0.44) and river km No. 1344 (river km 0.51), both in the municipal district 91054 of Erlangen, into the Schwabach.

The planning approval procedure also addresses the preliminary effect under expropriation law pursuant to § 71 of the Water Resources Act (WHG) regarding flood protection structures on or adjacent to parcels of land within the project area, as well as the preliminary effect under expropriation law of the real property encumbrances for flood protection structures and access roads to the flood protection structures and to properties within the project area.

Flood protection structures already exist in the aforementioned planning area; these were planned in the late 1960s and approved with a planning approval decision dated 1970. Studies have shown that the structural stability of the flood protection structures is no longer guaranteed and that, in some cases, they no longer comply with the state-of-the-art standards for flood protection structures on watercourses. Based on a design discharge of HQ100 plus a climate surcharge, a new technical flood protection system is to be constructed. In addition, within the project area, landscaping measures will be carried out along the banks and in the riverbed of the Schwabach, and the course of the Schwabach will be shifted northward by up to 6 m between river km 0.44 and river km 0.62. These measures are also being undertaken to improve the aquatic ecology of the Schwabach.

The project area is located within the designated Schwabach flood protection zone. Parts of the undeveloped Schwabach Valley are part of the Schwabach Valley Landscape Conservation Area. In addition, most parts of the project area along the Schwabach have been mapped for biotopes (“Schwabach with accompanying tree line and remnants of riparian forest”).

The design measures on the banks and in the riverbed of the Schwabach, as well as the river realignment, constitute a watercourse improvement (substantial redesign of a watercourse and its banks) pursuant to Section 67(2), sentence 1, of the Water Resources Act (WHG). The technical flood protection measures also constitute a watercourse improvement because, pursuant to Section 67(2), sentence 3, of the Water Resources Act (WHG), dike and embankment structures that influence flood discharge are equivalent to watercourse improvements.

The development of a watercourse requires planning approval (Section 68(1) of the Water Resources Act (WHG)).

The discharge of precipitation, seepage, and pressure water collected by the internal drainage system of the flood protection facilities into the Schwabach constitutes water use within the meaning of Section 9(1)(4) of the Water Resources Act (discharge of substances into water bodies) and therefore requires a permit under water law (Section 8 of the WHG). The project sponsor has applied for a higher-level permit pursuant to Section 15 of the WHG.

The project is being announced in accordance with § 70(1) WHG, Art. 69(2), sentences 1 through 3, of the Bavarian Water Act (BayWG) in conjunction with Art. 73(5) of the Bavarian Administrative Procedure Act (BayVwVfG).

The application will be available from Monday, June 8, 2026, through Tuesday, July 7, 2026, on the City of Erlangen’s website at the following link

https://erlangen.de/de/aktuelles/hochwasserschutz-schwabach-antragsunterlagen

for public review.

Upon request, the documents may also be viewed in paper form during this period at the City of Erlangen, Office for Environmental Protection and Energy Issues, Schuhstraße 40, 4th floor, Room 405, 91052 Erlangen (Art. 69, para. 2, sentence 3, second clause, BayWG). Please make an appointment in advance (gewaesserschutz@stadt.erlangen.de; Tel. No. 09131/86-3448).

Any person whose interests are affected by the project may file objections no later than 2 weeks after the end of the public review period, i.e., by Tuesday, July 21, 2026, in writing or for the record with the City of Erlangen, Office for Environmental Protection and Energy Issues, Schuhstraße 40, 4th Floor, Room 405, 91052 Erlangen (Art. 69(2) BayWG in conjunction with Art. 73(4), sentence 1, BayVwVfG). Upon expiration of the objection period, all objections not based on specific grounds under private law are excluded (Art. 73(4), sentence 3, BayVwVfG).

In the case of objections signed by more than 50 persons on signature lists or submitted in the form of duplicated identical texts, one signatory must be designated by name, occupation, and address as the representative of the other signatories for the proceedings, unless he or she has been appointed by them as an authorized representative. Only natural persons may serve as representatives. This information must be clearly visible on every page bearing a signature (see Art. 17(2) BayVwVfG).

Associations that, by virtue of recognition under other legal provisions, are authorized to file appeals under the Administrative Court Rules of Procedure against the proposed planning approval decision and/or higher-level permits may submit comments to the City of Erlangen no later than Tuesday, July 21, 2026, to the City of Erlangen.

Objections to the plan (application) that are filed in the proper form and within the prescribed time limit may be addressed during a public hearing. The planned public hearing will take place on Tuesday, November 3, 2026, from 9:00 a.m. to 5:00 p.m. at Erlangen City Hall, Rathausplatz 1, Council Chamber, 1st floor, 91052 Erlangen. Admission begins at 8:30 a.m. The public hearing procedure ends upon the conclusion of the proceedings.

Pursuant to Art. 69(2), sentence 4 of the Bavarian Water Act (BayWG), the decision to hold the public hearing is at the discretion of the competent authority. If the hearing does not take place, this will be publicly announced after the objection period has ended. The public hearing is not open to the public. Anyone whose interests are affected by the project is free to attend the meeting. A valid photo ID is required for admission. The City of Erlangen reserves the right to make an audio recording for the purpose of preparing the minutes (Article 68(4) of the Bavarian Administrative Procedure Act (BayVwVfG)).

Those who have filed objections, or their representatives or authorized agents, will be notified separately of the public hearing. This notification may be replaced by a public announcement on the City of Erlangen’s website (https://erlangen.de/themenseite/aktuelles/amtliche-bekanntmachungen) if more than 50 notifications are required. If a party fails to attend the public hearing, the hearing may proceed without them. The objections will then be deemed to have been upheld. There is no obligation to attend.

Costs incurred through participation in the public hearing or through the appointment of a representative will not be reimbursed.

Erlangen, June 1, 2026

City of Erlangen

Office for Environmental Protection and Energy Issues

On behalf of

Barth