Erdaufschluss: Erlaubnis beantragen

§Section 49 (1) sentence 2 WHG

If you are planning a deep borehole or a geothermal exploration for geothermal use with a vertical geothermal probe, you will need permission from your local water authority.

Drilling work that goes so deep into the ground that it can affect the movement or composition of the groundwater is referred to as "ground excavation". If you are planning such an exploration for geothermal use with a vertical geothermal probe, you must apply to the relevant water authority.

Each borehole provides data for the evaluation of the subsurface at the respective location. The notification enables the responsible authorities to gain an impression of the drilling project and the drilling material produced on site. The authorities can take additional measurements and ensure the quality of the drilling results. This prevents costly mistakes in underground spatial planning.

• The type and form of the documents are determined by the respective competent authority
• The documents to be submitted include
  • Hydrogeological report
  • Technical contribution under water law

No detrimental changes to the groundwater quality may occur or be expected as a result of the excavation or drilling. The water authority can order measures to protect the groundwater (conditions). Other requirements under public law must be met.

If you are planning a borehole or an excavation that penetrates the groundwater, the following procedural steps are necessary:

• Research the locally responsible lower water authority
• Inquire with the responsible water authority about the documents to be submitted regarding the water law permit
• Notification of drilling (see notification of ground exploration)
• Submission of an application for a water permit with the previously agreed documents
• Awaiting the corresponding decision on the water law permit
• Realization of the project

Usually one month.

You must apply for the permit before starting the work.

You can only start your project once your competent authority has granted permission.

Contradiction

An objection can be lodged against water authority orders, conditions or prohibition orders as well as against the non-granting of an applied-for permit under water law within one month of notification (Section 68 VwGO).

• Earth excavation Permit issue
• Drilling work/earth excavations that may affect the movement or composition of the groundwater must be notified.
• A permit must be applied for when specifically planning a borehole for geothermal use with a vertical geothermal probe.
• The project may not commence until the competent authority has issued this permit.
• The competent authorities are determined by the location of the planned drilling points, usually the lower water authorities

• The drilling of an aquifer (sand, gravel) can also constitute use of the groundwater because substances are introduced into the groundwater. The competent authority decides whether a permit under water law is required. The basis for the decision is the notification of the excavation to be submitted beforehand.

Counties and independent cities