Direkteinleiten von Niederschlagswasser in Gewässer Erlaubnis

§ 8 Law on the Regulation of Water Resources (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__8.html
§ 9 Law on the Regulation of Water Resources (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__9.html
§ 13 Law on the Regulation of Water Resources (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__13.html
Section 18 paragraph 1 of the Water Resources Act (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__18.html
§ 54 Law on the Regulation of Water Resources (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__54.html
§ 57 Law on the Regulation of Water Resources (Water Resources Act - WHG)
https://www.gesetze-im-internet.de/whg_2009/__57.html

Do you want to drain rainwater or discharge it into a surface water body? Then you must apply for a water law permit.

If you want to drain rainwater or discharge it into a surface water body, you usually need a water law permit.

• Rainwater is water collected from built-up or paved areas and runoff.
• Surface waters include rivers, lakes, canals, streams, ditches and ponds.

You need permission for infiltration if the infiltration could have a detrimental effect on the groundwater quality.

The permit specifies the type and extent of use. It may be subject to additional conditions. In contrast to an authorization, a permit can be revoked by the authorities.

Which documents you need for your application varies depending on the type and scope of your project. In a preliminary discussion with the responsible water authority, you can clarify which documents are required in your case.

For surface waters:

• Application form
• Explanatory report
• Site plan (scale 1:5,000)
• Extract from the property map (scale 1:1,000)
• Extract from the property register
• Proof that infiltration is not possible on site
• Property drainage plan (according to DIN 1986-100: 2016-12, including discharge points)
• Detailed plan of discharge point

Optionally, the following additional documents may be required:

• Power of attorney for applicant (if not permit holder)
• Consent of other affected property owners
• Data sheet choke
• Detailed plan (with sections) throttle
• Information, representation and calculation of the required rain retention facility (including flood proof and KOSTRA rain data used)
• Assessment of the pollution of rainwater and the need for treatment (according to DWA-A 102-2)
• Analysis results

For the infiltration of rainwater:

• Application form
• Cadastral map extract
• Site plan or drawing of the planned construction project or the property with entry of the areas to be drained, the rainwater pipes and infiltration facilities (scale at least 1:500)
• Hydraulic calculation (calculation proof according to DWA-A 138 worksheet that the infiltration systems can absorb the expected amounts of rainwater)
• Information on the type and size (e.g. diameter, total depth, inlet height) of the infiltration facilities and cross-sectional drawing / schematic diagram
• Information on the subsoil conditions (e.g. list of soil layers with near-surface groundwater levels / subsoil assessment or subsoil information from the State Geological Office)

In justified individual cases (for example in the case of old systems in streets that have been subsequently converted), the above requirements may be deviated from after prior consultation with the responsible authority.

• The harmfulness of rainwater is kept as low as possible given the state of the art.
• The discharge is compatible with the requirements regarding water characteristics and other legal requirements.
• Where necessary, plants or other facilities will be constructed and operated to meet these requirements.

For surface waters:
A fee will be charged for the discharge of rainwater.
If an application is submitted and no withdrawal occurs, a fee will be charged depending on the effort required to process the application.

For groundwater:
A one-time administration fee is charged for processing the application and issuing the water law permit.

• You submit your application together with the necessary documents to the responsible authority.
• The responsible authority will examine your application and, if necessary, request any missing documents or information from you.
• The responsible body will examine your application from a water management and water law perspective and, if necessary, involve other bodies.
• You will receive a permission or rejection notice.
• You will also receive a fee notice.

The processing time depends in particular on the quality and scope of your application and the documents.

There is no legal deadline. Apply for permission well in advance of starting your project.

There is no need for a permit if no adverse changes to the groundwater are to be expected. You can find the requirements in the Rainwater Infiltration Ordinance. You then only have to notify the responsible authority of your project. Contact the authority if you are unsure whether you need to apply for a permit.

Contradiction

• Anyone who wants to drain rainwater or discharge it into a surface water body requires a permit
  • Rainwater: water runoff collected from built-up or paved areas
  • Surface waters: rivers, lakes, canals, streams, ditches and ponds
• Permission for infiltration is required if infiltration may have a negative impact on groundwater quality
• Permission determines the type and extent of use
• circumstances with additional provisions
• can be revoked by the competent authority

Authority for the Environment, Climate, Energy and Agriculture