Immission control; application for a permit for the construction and operation of a plant

Immission control legislation applies to a large number of installations.

Certain facilities, such as large agricultural operations, can be sources of considerable environmental pollution - to prevent this, operators of such facilities require a permit from the competent authority. You can find out whether your planned installation requires a permit under immission control law from the authority responsible for you. Selected aspects of the approval procedure are described below, and it is strongly recommended that you contact your local authority as early as possible for such projects.

The Federal Immission Control Act (BImSchG) stipulates that the construction and operation of installations that can typically have a harmful impact on the environment require a permit under immission control law. The types of installations concerned are listed exhaustively in the Ordinance on Installations Requiring a Permit (4th BImSchV).

A distinction is made between the formal procedure under Section 10 BImSchG and the simplified procedure under Section 19 BImSchG. What both procedures have in common is that they require a written or electronic application and the submission of all documents relevant to the assessment as well as the involvement of other affected authorities. In the formal procedure, there is also a public announcement of the project, a public display of the application including documents and, if necessary, a discussion meeting. In certain cases, an environmental impact assessment must also be carried out.

An installation that does not require a permit and has already been erected or the erection or substantial modification of which has already begun becomes subject to a permit when it is included in the list of installations requiring a permit under the ordinance. In this case, the installation is subject to the immission control licensing requirements and must be notified to the competent authority within three months of the respective 4th BImSchV coming into force in accordance with Section 67 (2) BImSchG.

Under certain conditions, the granting of a partial permit, a preliminary decision or the approval of an early start is possible.

If the operator intends to change the location, nature or operation of an installation requiring a permit, he must also obtain a permit for this if it is a significant change. Other changes must be notified to the approval authority at least one month before commencement.

The construction and operation or modification of installations that do not require a permit under immission control legislation and that are an operating area or part of an operating area within the meaning of the 12th BImSchV (so-called Major Accidents Ordinance) must also be notified and, if necessary, a permit must be obtained in accordance with § 23b BImSchG or § 16a BImSchG.

As a rule, the district administrative authority (district administration office, independent city or large district town) is responsible for the decision on the permit; in exceptional cases defined by law, the government or the mining authority is responsible.

Please give priority to using the online service offered for the "Special permit for the operation of motorized snow vehicles".

You will find the following additional documents in the "Forms" section:

• Change notification according to § 15 BImSchG
• ROB checklist for setting up a system
• Permit application according to BImSchG
• Decommissioning notification according to § 15 para. 3 BImSchG

You will find the reference to the following pages under the further links:

• Special permit for the operation of motorized snow vehicles
• Bavarian Renewable Energies Procedure Manual

You must prove to the competent authority that you will comply with the obligations of the Federal Immission Control Act during the construction, operation and modification of an installation. Other public law regulations and occupational health and safety concerns must not conflict with the project.

In principle, there are no deadlines.

However, in the event of a planned change to the location, nature or operation of an installation requiring a permit, for example, the change must be notified at least one month before the change is to begin.

Information on the type of documents can be found in §§ 3 ff 9. BImSchV (see under "Legal bases") and in the checklists under "Further links".

• Checklist for the installation of a system
• Permit application according to BImSchG
• Decommissioning notification according to § 15 para. 3 BImSchG
• Change notification according to § 15 BImSchG

• Act on Protection against Harmful Environmental Impacts from Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act - BImSchG)
• Ninth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Approval Procedure - 9th BImSchV)
• Fourth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Installations Requiring a Permit - 4th BImSchV)
• Twelfth Ordinance on the Implementation of the Federal Immission Control Act (Major Accidents Ordinance - 12th BImSchV)

• Special permit for the operation of motorized snow vehicles
• Bavarian Renewable Energies Procedure Manual

  Would you like to invest in renewable energies? - The procedural handbook is intended to make it easier for project developers and citizens to understand the procedures. The presentation relates to immission control, water law and building law procedures. The procedural handbook is intended as an aid and should provide orientation on important procedural aspects. (e.g. wind power, hydropower, photovoltaics, geothermal energy/heat pumps)

• Checklist for application documents in the immission control approval procedure
• Checklist for the approval procedure for wind turbines and notes on the checklist

You notify the competent authority of your project before it is commissioned or implemented.

Please send the documents listed in the checklist for application documents in the immission control approval procedure or for the approval procedure for wind turbines to the responsible authority (see "Further links").

A decision on the permit application must be made within seven months of receipt of the application and the documents to be submitted in accordance with Section 10 (1) sentence 2 BImSchG, or within three months in simplified procedures.

Other deadlines apply in special constellations, e.g. a decision on an application for repowering must be made within six months.

• Immission control; review of plant safety and accident prevention
• Immission control; notification of the appointment of an immission control officer and/or hazardous incident officer
• Immission control; advice and information
• Immission control; issuing orders
• Immission control; notification of an operator responsible for installations requiring approval in the case of corporations or partnerships
• Immission control; notification of the establishment of an incident-relevant operating area