Structures on bodies of water
Not everyone is aware that the construction of facilities in, on, under or over bodies of water may only be carried out with the appropriate authorisation under water law, as their construction can have an impact on the ecology of the watercourse and water runoff[1], [2].
"On a watercourse" also includes installations within the watercourse boundary strip, to which additional legal restrictions apply[3], [4].
The legislator has defined the term "facilities" very broadly. In addition to larger structures such as
- bridges
- weirs
- culverts
- discharge structures from the sewerage system or
- supply and disposal pipes
also includes smaller structures, often built by private property owners, such as
- Steps on the bank
- bank walls
- Garden sheds and greenhouses
- Footbridges over a body of water
- dams
- Enclosures (e.g. fences)
- culverts
- Cattle troughs
- Pipelines and cables
and the like. Depending on the individual case, a wide variety of concerns and interests, such as nature conservation, fishing, water maintenance and others, can be affected by such an installation.
Water law authorisation can be applied for informally at the lower water authority. The type and scope of the application documents must be agreed on a case-by-case basis. It is then checked whether the plant is necessary at all at the planned location and in the planned form. Authorisation may only be granted if the project does not conflict with any public law regulations and does not adversely affect the public good.
The constructed facilities must be maintained and operated by their owners or possessors in such a way that the maintenance of the watercourse is not significantly hindered or impeded and the water discharge remains unrestricted[5].
This also applies to watercourse piping[6] or embankment walls, which are no longer permitted today but are still very common.for example, to overcome a watercourse as an obstacle to traffic or to improve the use of the land above or along the piped watercourse for residential or agricultural purposes.