The construction, operation and substantial modification of landfills require special official approval. In principle, the competent authority grants this approval to the applicant in a strictly formalized administrative procedure, the so-called plan approval procedure. Approval for the construction or substantial modification of the landfill is granted in the form of a zoning decision. The core of the plan approval procedure is public participation within the framework of a special hearing procedure. For this purpose, the applicant's application documents are generally made available for inspection for a period of one month in the municipalities in which the landfill project is expected to have an impact. The detailed circumstances of the display as well as the procedure for raising objections and submitting comments will be announced by the municipalities in accordance with local custom.
In particular, citizens whose own interests are affected by the landfill project can raise their objections to the project with the competent planning authority (the respective State Office for Agriculture and the Environment) or with the municipality that has made the display until the end of the so-called objection period. The period during which objections can be raised (known as the objection period) begins at the end of the display period. Objections can, however, also be raised during the display period, i.e. before the start of the actual objection period. The objection period ends two weeks after the end of the display period. After the end of the objection period, no further objections to the project can be raised. Therefore, all objections are excluded once the objection period has expired. There is an exception in particular for objections based on special titles under private law. Objections must be raised in writing or recorded. Objections raised orally or by telephone are not sufficient. Only those persons whose own rights or interests worthy of protection may be affected by the landfill project are entitled to raise objections.
In addition, recognized nature conservation and environmental associations with legal standing are entitled to submit comments on the project within the objection period.
After expiry of the objection period, the competent authority discusses the objections raised in good time and comments submitted in good time at a separate meeting with the parties concerned, the objectors and the nature conservation and environmental associations involved. The date of the hearing shall be announced by the competent authority in good time in advance. The competent authority shall conclude the discussion within three months of the expiry of the objection period. The discussion is intended to establish the facts and aspects relevant to the evaluation of the landfill project. The discussion thus serves to determine the material for consideration that is required for the subsequent decision of the competent authority on the planning approval of the landfill project.