Utility lines on public right-of-way; conclusion of a permit or concession agreement

The contracts may, for example, address the documentation of utility lines, proper maintenance, liability for damages, subsequent obligations and costs in the event of road modifications, as well as the technical requirements for restoring the road after the utility lines have been laid.

For excavation work, an additional application for a traffic control order must be submitted to the road traffic authority.

The installation and modification of telecommunications lines are governed separately by the Telecommunications Act and do not require contracts, but rather approval (see related topics below).

With a permit, permit holders receive authorization from the City of Erlangen, as the property owner, to install, lay, and operate lines and/or facilities (overhead lines, cables, pipes, inspection chambers, construction anchors, etc.) on or within a property.

A permit agreement must be concluded to obtain the right to use city-owned land for this purpose.

Legal Background and Distinction from Other Permits

Unlike a special-use permit under the Bavarian Roads and Paths Act, this permit authorizes the use of city-owned land in a manner that does not impair the so-called public use of that property. This generally includes rights of way, that is, the laying of underground or above-ground cables or similar installations.

This applies not only to permanent but also to temporary uses, for example, as part of a construction project. Even if a building permit or another public-law permit has already been issued, this alone does not authorize such use within the scope of the planned construction project.

The necessary authorization is regulated through a private-law authorization agreement (under the Civil Code) with the City of Erlangen—Real Estate Office—provided that the use does not interfere with public traffic.

A permit fee is charged for such use, the amount of which depends on the type and scope of the project. It is due upon signing the contract and before the land is used.

If public streets, paths, and squares—or parts thereof—are used for purposes other than traffic and the public use of these areas is thereby impaired, a permit under public law is required (special-use permit).

Please note that for construction work on public traffic areas, the contractor must also obtain an excavation permit from the Office for Urban Planning and Mobility, Department of Road Traffic and Construction Sites (Dept. 614), before construction begins (excavation permit).

You are a utility company and would like to use a public road to install or modify utility lines.

To enter into a permit or concession agreement, you must contact the appropriate road construction authority.

The county or independent city is responsible for county roads, the municipality is responsible for municipal roads, and the state construction authorities are responsible for federal and state highways outside of town centers.

Please submit the completed permit application (see online procedure), along with the required number of plans, to the City of Erlangen, Real Estate Office.

The application will be reviewed independently of any building permit process, as it concerns exclusively the interests of the City of Erlangen as the property owner.

With regard to the future use of the municipal land in question and to assess existing utility and waste disposal facilities, various utility providers and municipal departments must be consulted.

The contract must be signed before construction begins. Therefore, it is important to submit the application in a timely manner.

• Cadastral Map
  

  Urban areas affected by the project should be marked in yellow, and the construction project (utility lines, shoring anchors, etc.) should be marked in red. Any work zones or subsequent safety zones that may be required should be marked in green.

• Overview Map
  

  for underground lines with analog markings

• Detailed Plan
  

  For shafts and similar structures (in the case of shoring anchors, the anchors in municipal land must be numbered sequentially).

The costs to be borne by the utility company are specified in the contract.

See Legal Basis: “Guidelines of the City of Erlangen on Special Uses to Be Regulated Under Civil Law” (Permit Agreement) dated July 28, 2016

Municipal land may not be used prior to the conclusion of the permit agreement and payment of the specified usage fee. In the event of a violation, the City of Erlangen will exercise its rights as the property owner (trespass), which means it will order the immediate cessation of construction work and demand that the property be vacated. The City of Erlangen reserves the right to claim damages.

Please allow at least four weeks for the application to be processed before you plan to use the property.