Planfestlegung

Planfestlegung is a public-law procedure in German planning law used to decide whether a major public infrastructure project may be realized and to confer the necessary rights, including expropriation, for its construction and operation. It is typically applied to projects of nationwide or regional importance such as railways, expressways, waterways, airfields, power transmission lines, and pipelines.

The process begins with project preparation and submission of a planning file by the project sponsor. The competent planning authority conducts the assessment, including environmental impact assessment if required. The public is informed and given the opportunity to participate; authorities and municipalities are involved; a public hearing may be held. The examination considers technical, ecological, social, and economic effects and evaluates alternatives and mitigation measures.

The outcome is Planfeststellungsbeschluss, which grants planning permission and, where necessary, the authority to expropriate land; it binds the land-use plan and can supersede conflicting plans. The decision can be appealed in court.

The Planfeststellung is distinguished from other building permissions (Bauantrag, Baugenehmigung) and from local development planning processes (Bebauungsplan) because it is a special procedure designed for public-law projects that require expropriation rights and state involvement.