Bundesportal | Watercraft on inland waters (excluding Lake Constance); Applying for a Permit

Under the Bavarian Water Act (BayWG), anyone may, in principle, use surface waters free of charge—including for navigating small, non-motorized vessels—without requiring official authorization or the consent of the waterway owner or other authorized parties. This includes small boats up to 9.20 meters in length without a motor, such as rowboats, paddleboats, inflatable boats, and sailboats without built-in living quarters, cooking facilities, or sanitary facilities, as well as windsurfers and kitesurfers. This so-called “public use” applies to activities within the scope of traditional forms of leisure and sports. These activities—in contrast to the right of access under nature conservation law—may serve both the enjoyment of nature and recreation, as well as primarily economic or exclusively sporting interests, such as in the case of competitions.

Sailboat

Sailing in sailboats 9.20 m or longer, or with an auxiliary engine exceeding 4 kW (5.5 PS) engine power or equipped with built-in living quarters, cooking facilities, or sanitary facilities is not covered by this generally permitted public use in Bavaria and therefore requires a navigation permit from the district administrative authority. A living quarters is defined as a structure enclosed on all sides with a clear height of more than 1.20 cm.

Motorboat

Permission may only be granted for boats that are no longer than 9.00 m and whose total permissible engine power does not exceed 191 kW (260 PS).

In addition, a Stage 1 exhaust emissions certificate in accordance with the Lake Constance Navigation Regulations must be submitted for the engine, or the exhaust emission limits of the Recreational Craft Directive must be complied with.

Sailboats cannot be registered as motorboats.

Special regulations apply to vintage boats.

Electric boat

If a boat hull (including an inflatable boat) is equipped with an electric motor, it is classified as an electric motorboat under the Bavarian Shipping Regulations (BaySchiffV). This requires a permit.

Vacation Permit

Vacationers may apply for a vacation permit for a sailboat or an electric motorboat once a year for a maximum of 4 weeks.

Preconditions

Since June 16, 1998, new recreational boats may only be placed on the market in EU member states if they bear a CE marking and a written declaration of conformity (in German) is provided.

Passenger and cargo vessels, floating equipment, rental vessels, and motorized vessels—with the exception of electric motorboats—may only be put into service if they have been approved by the district administrative authority (see § 19 BaySchiffV).

Hints

Sailing vessels equipped with an auxiliary engine or living quarters, cooking facilities, or sanitary facilities must be registered with the district administrative authority and bear an official license plate.

A private-law license agreement must be concluded with the waterway owner if an annual water usage fee is required for navigation.

For reasons of waterway and nature conservation, the number of recreational motorboats with internal combustion engines requiring a permit is limited. Permits are now only issued on Lake Starnberg and Lake Ammer within the framework of maximum quotas (280 for Lake Starnberg, 150 for Lake Ammer). To obtain a motorboat permit, you may be able to have your name added to a waiting list.

Basis for legal action

Art. 18 Bayerisches Wassergesetz (BayWG)

Art. 28 Bayerisches Wassergesetz (BayWG)

Vollzug der Bayerischen Schifffahrtsordnung - Schifffahrtsbekanntmachung (Schifffahrtsbekanntmachung - SchBek)

§ 3 Abs. 1 Satz 1 Verordnung für die Schiffahrt auf den bayerischen Gewässern (Bayerische Schifffahrtsverordnung - BaySchiffV)

§ 8 Gesetz zur Ordnung des Wasserhaushalts (Wasserhaushaltsgesetz - WHG)

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