Request consent to a sidewalk crossing/driveway

The construction of new and the modification of existing sidewalk crossings to state and district roads outside the development area of the local thoroughfares represents a special use subject to approval.  

A sidewalk crossing or an access road is the connection of adjacent properties or non-public paths with a road intended or suitable for use with vehicles.

In urban areas, you do not need a special use permit for the creation of a new or modification of an existing access road. Here it is necessary to ensure that the access road is designed to be roadworthy, so that a prior consultation with the responsible road construction administration makes sense.

Outside the passage through the village, access roads represent a special use subject to a permit.

  • If you rebuild or significantly change a building complex subject to a building permit and build or change an access road in this context, then a decision will be made on the access in the course of the building permit procedure. Responsible for this is the respective

Building permit authority.

  • If you rebuild or significantly change a building permit-free building and build or change an access road in the course of this, then the respective road construction authority decides on the installation of the access road for access roads outside the city on state and district roads.

The Lower Saxony State Authority for Road Construction and Transport (NLStBV) is responsible for state roads and district roads in the districts of Friesland, Wittmund, Northeim, Goslar, Hameln-Pyrmont, Schaumburg, Hildesheim, Cloppenburg, Diepholz, Nienburg, Ammerland, Oldenburg, Wesermarsch. Here, the responsibility for the administration of the state roads and the above-mentioned district roads is regionally divided into 13 business areas of the NLStBV (for the area of responsibility of the NLStBV see link under further information).

  • If the installation or modification of an access road is not related to the construction or modification of a structural installation within the meaning of the building code.B. in the case of a temporary construction site access road, then the respective road construction carrier, i.e. the road construction authority acting on its behalf, decides on the access road within the framework of a special use permit. For non-urban access roads on state roads and on the above-mentioned district roads, this is the NLStBV with its regional business areas.
  • Application to the competent authority for consent to an access road with a description of the measure with a site plan
  • Please ask the municipality responsible for you or the regional division of nlStBV whether and which other documents you have to submit.
  • Forms: none
  • Online procedure possible: no
  • Written form required: no
  • Personal appearance required: no

Preconditions

In the case of access roads in connection with buildings requiring a building permit, you must contact the respective building permit authority.

For all other access roads outside the city, you must submit an application to the responsible road construction authority for approval of an access road. The application does not require any special form, but is possible by post or e-mail.

The granting or refusal of consent is at the dutiful discretion of the road construction authority. Since new access roads as well as the change of access roads, if they are compared to the previous condition of a much larger

or otherwise traffic, always mean an additional obstruction of continuous traffic, the permit should only be granted if no other sufficient possibility of access or access is given or can be created and its rejection would lead to an unreasonable hardship and the permit nevertheless with overriding public interests, e.B. safety or ease of traffic, Expansion intentions, road construction design, is compatible or reasons of public interest require access or access.

There is therefore no entitlement to consent, as there is always a concrete examination in individual cases.

Hints

  • Information on access roads on state roads and a model permit, from which the rights and obligations of the permit holder result, can be found in the guidelines for the use of federal highways in the construction load of the federal government (so-called usage guidelines), which also apply to the state roads in Lower Saxony. The usage guidelines are published on the website of the Federal Ministry of Transport under .
  • Information on the area of responsibility of the 13 regional business units can be found on the NLStBV website.
  • Website of the Federal Ministry of Transport
  • Website of the NLStBV

Related Links

  • §§ 18,20,24 Lower Saxony Road Act (NStrG)

An out-of-town access on state and district roads, which is not in connection with a building permit procedure, always requires an application. Please make sure that an application is made early.

  • In the case of extensive measures, it may be advisable to carry out a site visit in advance with the responsible road construction authority and the respective road maintenance department.
  • The competent authority shall then verify that the conditions for consent to access are met.
  • If necessary, further documents and proofs will be requested from you after the application has been submitted.
  • The competent authority may also lay down conditions and obligations for the permit.
  • The granting or refusal of a permit for an access road is an administrative act. It will be issued in writing with instructions on how to remedy and will be sent to you either by post or handed over against acknowledgement of receipt.

Responsible for the content
Lower Saxony State Authority for Road Construction and Transport

Last update or date of publication
04.02.2022