Road use; application for a special use permit for district, municipal or local thoroughfares

In principle, everyone is permitted to use public roads and their components within the scope of their dedication for traffic (public use). Public use primarily includes traffic in the narrower sense, i.e. in the sense of movement, relocation and transportation. In the case of certain public roads, especially pedestrian zones, this is supplemented by so-called "communicative public use".

Any use that goes beyond public use constitutes special use. A special use permit under public law is required for special uses that are likely to impair public use.

Special uses on public roads are extremely diverse:

• A special use permit is required, for example, for the installation of stalls, sales stands, vending machines or tables and chairs or bicycle stands, e.g. in front of restaurants.
• The same applies to the use of the street for other commercial purposes, e.g. the distribution of advertising material, holding sales talks, conducting sales transactions - even without the use of fixed sales and advertising stands as well as music performances or so-called street art.
• Mere expressions of opinion by distributing leaflets or flyers, through discussions etc. without technical aids such as information stands or poster stands, on the other hand, generally fall under public use. This is particularly important for political activities.
• Depending on the local circumstances, the installation of advertising signs or vending machines that protrude into the airspace above the street may also be assessed as 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 good time.

Access roads to district and municipal roads outside the built-up area are also considered special use under public law.

Sporting events such as rallies and cycle races or town festivals also constitute special uses, although no special use permit is required if they already require a permit or exemption under road traffic law.

The same applies to special uses for which a building permit is required under building regulations (e.g. outdoor bar areas, fixed sales stands).

The granting of a special use permit is a discretionary decision; it may only be granted for a limited period or revoked, may be subject to conditions and is generally linked to the payment of special use fees.

In Erlangen, the service is distributed across different departments depending on the subject area.

Subject areas:

• Display of goods
• Street management
• Flower pots, façade greening, bicycle stands, light wells, vending machines, bookcases, etc.
• Unauthorized special uses - red dot procedure
• Advertising installations and awnings - on listed buildings granted by 334 after planning permission.

Responsible: Citizens' Office / Department of Public Safety and Order / Events Office

Contact: Telephone +(49) 09131 / 86 - 2768, e-mail veranstaltungen@stadt.erlangen.de

Subject areas:

• Street musicians
• Information stands
• Advertising campaigns and flyer distribution
• One-off events

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

Contact: Telephone + (49) 09131 / 86 - 3312, e-mail veranstaltungen@stadt.erlangen.de

Subject area:

• Advertising structures
• Superstructures etc.

The special use permit is issued together with the building permit (billing from the second calendar year and deregistration then via the event office).

Responsible: Building Supervisory Office, Building Supervision Department

Contact: Telephone + (49) 09131 / 86 - 1002, e-mail bauaufsichtsamt@stadt.erlangen.de

Subject areas:

• Construction site equipment areas
• Erection of scaffolding

Submit your application to the Office for Urban Planning and Mobility. The special use will then be processed and approved by the Building Supervisory Office.

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

Contact: Telephone + (49) 09131 / 86 - 2118, e-mail Sondernutzung-baustellen@stadt.erlangen.de

Responsibility: Building Supervisory Office, Administration Department

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

Subject area:

• Excavations

Responsibility: Office for Urban Planning and Mobility

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

Subject areas:

• Rallies
• cycle races
• street festivals

... are special uses, but do not require a special use permit if a permit or exemption has already been granted in accordance with the Road Traffic Regulations (StVO).

Responsible: Office for Urban Planning and Mobility

Contact: Telephone + (49) 09131 / 86 - 2481, e-mail Sondernutzung-baustellen@stadt.erlangen.de

You do not wish to use a district road, municipal road or a through road of a district road, state road or federal road for traffic purposes, but for your own interests or commercial activities.

The application for a special use permit must be submitted to the relevant road construction authority. The district or independent city is responsible for district roads and the municipality is responsible for municipal roads. The municipality is also generally responsible for special uses within the local thoroughfares of district, 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. In cases of doubt, please contact the relevant authority.

The fees are based on the fee statutes of the district or municipality.