Sondernutzung von Straßen Erlaubnis außerhalb der Ortschaft

You can use public roads for other purposes than just traffic. As a rule, you need a special use permit for this.

Examples of such special use can be

• Access from the road to a property with residential buildings,
• Access roads from commercially used properties, e.g. petrol stations, restaurants, shopping centers
• Access roads from agricultural and forestry properties

You are acting in breach of the regulations if you exercise a special use without the corresponding permit or do not comply with the conditions imposed. (§ 59 StrWG NRW / § 23 FStrG). Such administrative offenses can be punished with a fine.

You do not require a special use permit in the following cases:

• You require a special use permit under road traffic law. For example, for events. For this, you need an event permit from the road traffic authority, which automatically includes the special use permit.

The intended special use is in connection with a building project for which you require a building permit. In this case, the building permit automatically includes the special use permit.

The competent authority may request further documents, e.g.

• Site plan (true to scale),
• photos,
• sketches.

none

You must apply for a special use permit from the responsible authority. The granting of the requested special use is at the discretion of the authority.

Above all, it examines what effects a permit would have on the use of the road.

It must weigh up the public interest in the safe use of the road (public use) against the private interest in applying for a special use permit.

After your application has been reviewed, you will either receive a notice of approval or, if a negative decision on your application is intended, a hearing letter before a rejection notice is issued.

The competent authority will limit the duration of the permit or grant it on a revocable basis. It may impose conditions and requirements.

Special use may only begin once permission has been granted by the responsible authority.

If you wish to use the roads without affecting public use, e.g. if you wish to use only the grass verge or lay cables in the embankment area, this is considered other use of the road. In this case, contractual regulations must be concluded in accordance with civil law and must therefore be applied for separately.

• Objection
• Action before the administrative court

• Special use of roads Permission outside the locality
• You would like to use a road or parts of a road for something other than normal traffic.
• You can apply for permission for special use online.
• Address: https://service.wirtschaft.nrw/