Water rights; application for a permit

Society's demands on the use of water are diverse and conflictual. Therefore, all human impacts on surface and underground water must be purposefully organized and monitored. This is the task of the water laws and their enforcement. Water law authorities are the district administrative authorities (district administrations, independent cities and individual district municipalities to a limited extent).

Water law is made up of legal norms of the European Community, legal norms issued by the federal government and legal norms issued by the Free State of Bavaria. For any impact on a body of water that is not only of minor importance, you need an official permit. In particular, land ownership does not generally entitle the owner to use water bodies etc. (§ 4 Para. 3 WHG). The link below will take you to a website where you will find an overview of the most important water law procedures and their legal treatment.

There are several types of permission under water law:

• A permit or authorization is required to use a body of water, e.g. if you want to discharge water from a stream, dam up a body of water or discharge substances (§ 9 WHG).
• The creation, removal or significant alteration of a body of water or its banks requires a so-called planning approval or planning permission (§ 68 WHG).
• In the case of larger bodies of water, structures in bodies of water or less than 60 m away from a body of water generally require a permit in accordance with Section 36 WHG, Art. 20 BayWG, if a building permit is not already required.

Permission is not required for e.g:

• the abstraction of groundwater in small quantities for the purposes of agriculture, forestry and horticulture to maintain soil fertility (Section 46 (3) WHG, Art. 29 BayWG)
• Activities that fall under the so-called public use of surface waters (§ 25 WHG, Art. 18 BayWG; possible for bathing, watering, ice sports, etc.)
• some impacts on certain bodies of water insofar as they are of minor importance in terms of water management (cf. Art. 1 para. 2 BayWG; e.g. in the case of an artificial pond that is not connected to other bodies of water)

The district administrative authority, i.e. the district administration office for the area of the district or the independent city for its urban area, is generally responsible for issuing a permit. In certain cases, larger municipalities belonging to the district may also be responsible.

Please note and use the documents listed under Forms:

• Application for an exemption permit for building structures in designated / provisionally secured flood areas.
• Application for the granting of a plant permit under water law in accordance with § 36 of the Federal Water Act (WHG), Art. 20 of the Bavarian Water Act (BayWG). Water Act (BayWG).
• Application for the granting of a permit under water law for construction water retention.
• Application for the granting of a permit under water law for construction water retention.
• Application for the granting of a permit under water law for precipitation water discharges.
• Display for well drilling for irrigation.
• Drilling notification for the construction of groundwater measuring points.
• Explanatory report on the above-mentioned application for a permit for stormwater discharges.
• Information sheet for stormwater disposal projects not requiring a permit.
• Precipitation water discharge into surface waters Scope and content of the documents in the water rights procedure (checklist for the applicant).
• Rainwater infiltration Scope and content of the documents in the water rights procedure (checklist for the applicant).

Further information can be found in the legal bases: "Verordnung über Pläne und Beilagen in wasserrechtlichen Verfahren (WPBV)" and the further links: "Verordnungen Sachgebiet 31 - Wasser und Boden".

• Application for an exemption permit for building structures in designated / provisionally secured floodplains (Section 78 (5) WHG / Section 78 (8) in conjunction with 5 WHG - Water Resources Act)
• Application for a plant permit under water law in accordance with § 36 of the Federal Water Act (WHG), Art. 20 of the Bavarian Water Act (BayWG). Water Act (BayWG)
• Application for the granting of a permit under water law for construction water retention - Notes
• Application form for the granting of a permit under water law for construction water retention
• Application form for the granting of a permit under water law for precipitation water discharges
• Display for well drilling for irrigation
• Drilling notification for the construction of groundwater monitoring wells
• Explanatory report on the above-mentioned application for a permit for stormwater discharges
• Information sheet for stormwater disposal projects not requiring a permit
• LOWER DRAINAGE WATER DUCTION INTO UPPER IRRIDAL WATERS Scope and content of the documents in the water rights procedure Checklist for the APPLICANT
• LOW-WATER SEWER SUMMARY Scope and content of the documents in the water rights procedure Checklist for the APPLICANT

• Bavarian Water Act (BayWG)
• Act on the Regulation of the Water Resources (Water Resources Act - WHG)
• Ordinance on Plans and Supplements in Water Law Proceedings (WPBV)

  Specifications for the design of the documents

  Quote: "Projects for which a water law procedure is to be carried out must be presented in plans and enclosures (documents) in such a way that the project itself and its effects, in particular on the water balance, the water characteristics, the status of the waters and other environmental areas, are evident."

• Legal bases in the water sector
• Ordinances Division 31 - Water and Soil

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