According to the Bavarian Water Act (BayWG), anyone may in principle use above-ground waters free of charge for navigation with small vessels without their own propulsion without official permission and without the consent of the water owner or other authorized party. This includes small boats up to 9.20 meters in length without engine power such as rowing boats, paddle boats, inflatable boats and sailing boats without built-in living, cooking or sanitary facilities as well as windsurfers and kitesurfers. This so-called public use applies to activities in the context of traditional forms of leisure and sport. In contrast to the right of access under nature conservation law, these can serve both the enjoyment of nature and recreation as well as primarily economic or exclusively sporting interests, such as competitions.
Sailing boats
In Bavaria, the use of sailing boats of 9.20 m or more in length or with an auxiliary engine over 4 kW (5.5 HP) engine power or with built-in living, cooking or sanitary facilities is not covered by this generally permitted public use and therefore requires a permit under navigation law from the district administrative authority. A superstructure that is closed on all sides and has a clearance height of more than 1.20 cm is deemed to be a living facility.
Motorboat
The permit can only be issued for boats that are no longer than 9.00 m and whose total permissible engine power does not exceed 191 kW (260 HP).
In addition, the engine must have a Stage 1 exhaust gas certificate in accordance with the Lake Constance Shipping Regulations or comply with the exhaust gas limits of the Recreational Craft Directive.
Sailboats cannot be registered as motorboats.
There are special regulations for vintage boats.
Electric boat
If a boat shell (including an inflatable boat) is equipped with an electric motor, it counts as an electric motorboat according to the BaySchiffV. This is subject to approval.
Vacation permit
Holidaymakers have the option of applying for a vacation permit for a sailing boat or an electric motorboat once a year for a maximum of 4 weeks.
