Road Use; Applying for a Special Use Permit for County, Municipal, or Through Roads

In principle, anyone is permitted to use public roads and their components within the scope of their designation for traffic (public use). Public use primarily encompasses traffic in the narrower sense, i.e., in the sense of movement, changing location, and transportation. For certain public roads, particularly pedestrian zones, this is supplemented by what is known as “communicative public use.”

Any use that goes beyond public use constitutes special use. For special uses that are likely to interfere with public use, a special-use permit under public law is required.

Special uses on public roads take many different forms:

• For example, a special-use permit is required for setting up sales booths, stalls, vending machines, or tables, chairs, and bicycle racks—such as in front of restaurants.
• The same applies to the use of the street for other commercial purposes, such as the distribution of promotional materials, conducting sales pitches, and carrying out sales transactions—even without the use of permanent sales and promotional stands—as well as musical performances or so-called street art.
• By contrast, the mere expression of opinions through the distribution of written materials or flyers, through conversations, etc., without technical aids such as information booths or poster stands, generally falls under public use. This is particularly significant for political activities.
• Depending on local conditions, the installation of advertising signs or vending machines that protrude into the airspace above the street may also be considered a special use requiring a permit.
• The decisive factor is always the assessment of the specific individual case. It is therefore advisable to contact the responsible road construction authority in a timely manner.

Access roads to county and municipal connecting roads outside built-up areas are also considered special uses under public law. The granting of a special-use permit is a discretionary decision; it may only be granted for a limited time or subject to revocation, may be subject to conditions, and is generally associated with the payment of special-use fees.

Sports events such as rallies and bicycle races, or city festivals, also constitute special uses; however, no special-use permit is required if these events already require a permit or exemption under traffic law. The same applies to special uses for which a building permit is required under building code regulations (e.g., outdoor dining areas, permanent sales stands).

In Erlangen, responsibilities are divided among various departments depending on the subject area.

Subject areas:

• Merchandise Displays
• Street management
• Flower planters, green facades, bike racks, light wells, vending machines, bookcases, etc.
• Unauthorized special uses – “Red Dot” procedure
• Advertising structures and awnings – on historic buildings, permits are issued under Section 334 following a building permit.

Responsibility: Citizens’ Office / Department of Public Safety and Order / Events Office

Contact: Phone +(49) 09131 / 86 - 2768, Emailveranstaltungen@stadt.erlangen.de

Topics:

• Street musicians
• Information booths
• Promotional campaigns and flyer distribution
• One-time events

Responsibility: Citizens’ Office / Department of Public Safety and Order / Events Office

Contact: Phone+ (49) 09131 / 86 - 3312, Emailveranstaltungen@stadt.erlangen.de

Subject area:

• Advertising Structures
• Structures, etc.

The special use permit is issued together with the building permit (billing begins in the second calendar year, and deregistration must then be handled through the Events Office).

Responsibility: Building Inspection Office, Building Inspection Division

Contact: Phone + (49) 09131 / 86 - 1002, Emailbauaufsichtsamt@stadt.erlangen.de

Subject areas:

• Construction site setup areas
• Scaffolding installation

Submit your application to the Office of Urban Planning and Mobility. The special-use permit will then be processed and approved by the Building Inspection Office.

Responsibility:Office for Urban Planning and Mobility, Department of Road Traffic and Construction Sites, Construction Sites Division

Contact: Phone+ (49) 09131 / 86 - 2118, Email Sondernutzung-baustellen@stadt.erlangen.de

Responsibility:Building Inspection Office, Administration Section

Contact: Phone+ (49) 09131 / 86 - 1019, Email Sondernutzung-baustellen@stadt.erlangen.de

Subject area:

• Excavations

Responsibility:Office for Urban Planning and Mobility

Contact: Phone+ (49) 09131 / 86 - 3221, Email aufgrabungen@stadt.erlangen.de

Subject areas:

• Rallies
• Cycling races
• Street festivals

... constitute special uses but do not require a special use permit if a permit or exemption under the Road Traffic Regulations (StVO) is already in place.

Responsibility:Office for Urban Planning and Mobility

Contact: Phone +(49) 09131 / 86 - 2481, Email Sondernutzung-baustellen@stadt.erlangen.de

You wish to use a county road, municipal road, or a section of a county road, state highway, or federal highway that runs through a town—not for transportation purposes, but for your own interests or commercial activities.

The application for a special use permit must be submitted to the appropriate road construction authority. The county or independent city is responsible for county roads, and the municipality is responsible for municipal roads. The municipality is also generally responsible for special uses within the town sections of county, state, and federal roads.

The documents to be submitted depend on the type of intended use and can range from a simple description to the submission of construction plans. If in doubt, please contact the relevant authority.

For special uses that do not interfere with public use, a permit under private law is required. This includes, for example, the laying of utility lines, cables, or pipes. The respective road construction authority is also responsible for concluding such contracts. The installation of telecommunications lines is governed by the Telecommunications Act (TKG).

The fees are determined in accordance with the fee schedules of the county or municipality.