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High-voltage, gas and hydrogen pipelines; application for planning permission, planning approval or notification procedure

A planning approval procedure or a planning approval procedure is required for the construction, operation and modification of high-voltage gas and hydrogen supply lines.

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Procedure details

The construction, operation and modification of

  1. High-voltage overhead lines with a nominal voltage of 110 kilovolts or more,
  2. Gas and hydrogen supply lines with a diameter of more than 300 millimeters,
  3. High-voltage lines in accordance with Section 2 (5) and (6) of the Federal Requirements Planning Act and
  4. Pipelines connecting LNG plants to the transmission grid with a diameter of more than 300 millimeters

require planning approval by the competent authority. The governments are responsible for carrying out the planning approval procedures (planning approval authorities). Lines in accordance with Section 2 (1) of the Transmission Grid Expansion Acceleration Act remain unaffected. The latter means that, in particular, extra-high-voltage lines spanning several federal states are regularly plan-approved by the Federal Network Agency.

There are also constellations in which a planning approval procedure can be carried out at the request of the project developer (Section 43 (2) EnWG).

The project developer submits an application for the planning approval procedure. The planning documents are attached to the application. After an initial review and completeness check, the governments, as the hearing authorities, conduct a comprehensive hearing. For this purpose, the planning approval documents are made available digitally for a period of one month in the so-called hearing procedure. Anyone whose interests are affected by the project can lodge objections to the plan with the hearing authority or the municipality up to two weeks after the end of the consultation period. At the same time, the authorities whose remit is affected by the planned project are invited to comment.

A hearing is always held on the comments and objections raised in good time, the date of which is announced in the usual manner at least one week in advance. Anyone who has raised objections in good time will be notified separately of this date; however, if there are more than 50 objectors, the individual notification can be replaced by a public announcement (e.g. in the daily newspaper, Internet).

Following the hearing procedure, the planning approval authority issues the planning approval decision after weighing up all interests.

Instead of a plan approval decision, a plan approval can be issued under the conditions of Art. 74 Para. 6 S. 1 BayVwVfG. The planning approval has the same legal effects as the plan approval. It is a simplified procedure for the approval of certain projects of lesser difficulty.

Insignificant changes or extensions can be approved by means of a notification procedure in accordance with Section 43f EnWG instead of the planning approval procedure.

The plan is adopted or planning permission is granted if mandatory statutory provisions do not conflict with the project and conflicting public or private interests can be overcome in the course of a balancing of interests.

The fees are based on the amount of the investment costs.

Notification procedure: 250 to 500 € (List of costs no. 5.III.3/1.10.7)

Action for rescission or action to compel pursuant to Section 42 of the German Code of Administrative Court Procedure (VwGO) and Section 43e of the German Energy Industry Act (EnWG)

Status: 21.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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