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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 is only lifted if the land is exempted from rail-specific earmarking. The corresponding areas are then returned to the planning sovereignty of the municipalities.

If you own an old railroad property and wish to use it for other purposes, you must submit an application for exemption to the Federal Railway Authority (EBA).

The EBA can only grant the application if your interest is more important than the public interest in the use of the railroad.

The following are eligible to apply for exemption

  • Railroad infrastructure companies,
  • owners of the land,
  • the municipality in whose territory the land is located or
  • the responsible body for road construction on a public road that intends to use the property for road or cycle path 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 e-Service portal of the Federal Railway Authority (EBA).
  • 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 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 supreme state planning authority is also informed.
  • You will also receive a notice of fees and expenses, as you will 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 regional planning authority is also informed.
  • You will also receive a notice of fees and expenses, as you will have to pay fees for the notice of exemption and any expenses must also be paid by you.

Requirements

You can obtain an exemption for your property in the following cases:

  • 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
  • the applicant's interest in the exemption outweighs the legally standardized overriding public interest in the railroad operating purpose of the property
  • the areas on which the operating facilities are located have been decommissioned and this decommissioning has been approved by the EBA - Division 23.

If only parts of an operating facility, such as a station building, are still used for rail operations, the remaining parts of the property can be exempted as independent areas. The prerequisite is that the parts to be exempted are remeasured as independent parcels of land and that the operating facility remaining for railroad operations is independent 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 according to state law
      • Parcel number
      • Area in square meters
    • Information on route number and route kilometer, if known
    • Information on the former or previous use of the facility or parts of the facility, if known
  • Explanation of the legal requirements for exemption:
    • the applicant's interest outweighs the public interest in maintaining the infrastructure,
    • there is no longer a need for transportation,
    • long-term use of the infrastructure is no longer expected
    • Site plans, electronically or in at least 12 copies.

Note: If the plans are larger than A3 format, at least 6 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
  • if available:

Declaration on the dispensability check or feasibility check by Deutsche Bahn on the exemptability of the parcel or the area of the railroad operation.

What are the fees?

Fee: 2000,00 EUR
Payment in advance: no

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.

Processing Time: 6 Months
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.

Further Information

Author

Eisenbahn-Bundesamt


Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry for Digital and Transport Affairs (BMDV)

Professionally released on

27.11.2024

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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