Lake Facilities

Definition and Concept of Lake Facilities

The term ‘lake facilities’ refers to structural installations and constructions that are erected in, on, or over a body of water, in particular a lake. Lake facilities can include both permanent and temporary structures and serve various purposes such as recreation, sports, transportation, or economic activities. The term is mainly used in the context of public building law, water law, and environmental law.

Legal Basis and Regulatory Areas

Framework of Water Law

In Germany, lake facilities are primarily subject to water law, which is regulated both at the federal and state level. The Federal Water Act (WHG) forms the federal legal basis, supplemented by state regulations, especially the respective water laws of the federal states. In principle, the construction and operation of lake facilities must comply with requirements for the protection of waters and the public interest. In detail, the following aspects must be considered: Use of Water Bodies: According to § 8 WHG, the construction, alteration, or operation of a lake facility constitutes use of a water body if it affects the water. Certain types of lake facilities require official authorization or approval. Protected Areas and Nature Conservation: If the lakes concerned are part of a protected area (e.g. nature reserve, landscape conservation area, FFH area), additional restrictions under nature conservation law may apply.

Building Regulations

The construction of a lake facility usually also falls within the scope of public building law. The state building codes and municipal development plans contain provisions regarding the admissibility and design of facilities on and in the water. Requirement for Approval: According to the respective building codes, structural installations in and on lakes generally require a building permit. Simplified procedures or exemptions may be provided for smaller fixed structures. Special Use vs. Ordinary Use: While access to the shoreline is considered ordinary use, the construction of jetties, swimming platforms, boathouses, or other lake facilities constitutes a special use that requires official approval.

Ownership-Related Aspects

The ownership status of lakes and shoreline properties is a key factor in determining whether and to what extent a lake facility may be constructed. In many cases, lakes or shore strips are owned by municipalities, the public sector, or private owners, requiring usage agreements or permissions. Easements: The right to use shoreline property for lake facilities can be secured through easements or other rights in rem. Shoreline Rights: On publicly accessible lake surfaces, installations parallel to the shore must undergo special scrutiny to protect the public’s access rights.

Types and Exemplary Designs of Lake Facilities

From a legal perspective, the following structures are considered lake facilities, among others: Boat Jetties and Swimming Docks Berthing platforms, boathouses Floating installations (e.g. stages, floating islands) Hydraulic engineering structures (e.g. weirs, dams) Fences and enclosures in the shoreline area Water sports infrastructure (e.g. grandstands, start and finish installations)

The permissibility and requirements vary depending on the type and location, size, and use of the facility.

Approval Procedures and Official Competence

Responsible Authorities

Several authorities are usually responsible for approving lake facilities, depending on the scope and nature of the measure. These typically include: Lower or upper water authority (for water law approvals) Building supervision authority (for building law approvals) Nature conservation authority (if protected areas are involved) Other specialized authorities (e.g. forestry, fisheries, navigation, depending on the usage)

Process of the Approval Procedure

Before the construction of a lake facility, an application procedure must usually be carried out, which includes the following steps:

1. Submission of the application: With technical drawings, information on location, purpose, and structural design.
2. Involvement of public interest bodies: Review by various specialist authorities regarding any nature conservation, water law, and building law aspects.
3. Public participation: In certain cases, such as larger facilities or those with significant environmental impact, applications may be made publicly available or an environmental impact assessment may be required.
4. Granting of approval or conditions: Following a positive review, approval is granted in the form of a notice, often combined with conditions for water maintenance, environmental protection, or safety requirements.

Sanctions for Unauthorized Construction

The construction of a lake facility without the required permit constitutes a violation of water law or building regulations. Possible consequences include administrative proceedings, orders for removal, coercive fines, and, in cases of serious environmental damage, criminal prosecution.

Environmental and Nature Conservation Requirements

Lake facilities are often built in natural or ecologically sensitive areas. Therefore, nature conservation law is of great significance. Key provisions are found primarily in the Federal Nature Conservation Act (BNatSchG) and in European law (Flora-Fauna-Habitat Directive, Birds Directive). The following must in particular be observed: Prevention of Significant Impacts: Facilities must not cause significant impacts on the habitats of protected animal and plant species. Compensatory measures: In numerous cases, offsetting and replacement measures under § 15 BNatSchG must be imposed. Special Protected Areas: Facilities in or on lakes that are designated as protected areas are subject to strict requirements and are often prohibited from being constructed.

Federal Water Act (WHG) Federal Nature Conservation Act (BNatSchG) State water acts of the federal states State building codes of the federal states Compendia on the Use of Water Bodies and Water Law

This article provides a comprehensive and in-depth overview of the term ‘lake facilities’ from a German legal perspective and highlights relevant areas of law, approval procedures, as well as requirements for construction, operation, maintenance, and dismantling. For specific individual cases, it is recommended to consult the respective current laws, ordinances, and official guidelines.

Frequently Asked Questions

Who is responsible for granting approval of lake facilities?

In Germany, the competent water authority at the state or municipal level is generally responsible for the approval of lake facilities, such as jetties, bathing platforms, or boathouses. Depending on the federal state, additional authorities may be involved, such as the building authority, the environmental authority, or the nature conservation authority. Lake facilities on federal waterways fall under the jurisdiction of the Federal Waterways and Shipping Administration (WSV). Applicants must submit a written application, which typically includes detailed construction plans, a description of the intended measures, and a justification of the project. The approval procedure also examines the impact on water management, landscape appearance, nature conservation, and the rights of third parties. Public participation is often provided for as part of a hearing procedure, especially when large or controversial projects are involved. For lake facilities located in nature reserves or waters of particular ecological importance, additional nature conservation assessments and, if necessary, compensatory measures may be required.

What legal requirements apply to the construction of lake facilities?

Numerous legal requirements must be observed in the construction of lake facilities, especially those set forth in the Federal Water Act (WHG), the Building Code (BauGB), nature conservation law, and often also in monument protection law. A key role is played by the ban on deterioration of the ecological status of waters, as set forth in the EU Water Framework Directive and implemented in German law. In addition, a permit under water law is required, which, among other things, aims to ensure that proper water drainage, flood protection, and the safety and efficiency of shipping are not impaired. In sensitive shoreline areas, construction is subject to additional restrictive requirements, such as regional shoreline protection regulations. In certain federal states, further provisions are provided by state laws (e.g. Bavarian Water Act), specifying additional restrictions and precise procedural steps. Private law agreements, such as ownership of shoreline property or easements, may also influence the legality of a facility.

Is an environmental impact assessment required for every lake facility?

An environmental impact assessment (EIA) in accordance with the Environmental Impact Assessment Act (UVPG) is not mandatory for every lake facility. An EIA is usually required only for larger or environmentally significant projects, such as extensive jetty installations, marinas, or commercial uses. For smaller private jetties in unprotected shoreline areas, an EIA is often not necessary, although nature conservation and water law aspects must still be examined and considered. The competent authority decides in what is known as a screening procedure whether a formal EIA is required. If the project is within a Natura 2000 area or a protected habitat, it must always be carefully examined whether significant impacts on flora and fauna may occur. If there is evidence to suggest so, a Habitats Directive Assessment may also be required.

What rights do adjacent landowners have with respect to lake facility construction projects?

Adjacent landowners, i.e., owners or authorized users of adjoining properties, enjoy various legal protections with regard to lake facility construction. They are regularly involved in the approval procedure and have the opportunity to raise objections to the project, especially if they fear their rights (e.g. access, view, ownership, or use) may be affected. In individual cases, they are entitled to a hearing or even formal participation if they are directly affected by the project. Their rights derive in particular from neighbor law, water law provisions, and, where applicable, general civil law. In case of dispute, they may file an objection to the building permit or bring an action before the administrative court. They are also entitled to request access to documents and to assert claims for damages if it is proven that their properties are adversely affected by the lake facility.

What obligations does the operator of a lake facility have after it is put into operation?

With the granting of approval and commencement of operation of a lake facility, the operator is subject to extensive legal obligations. These include compliance with the conditions set out in the permit notice, such as regular maintenance and inspection measures to fulfill the duty of traffic safety, particularly to prevent accidents involving third parties. Operators are required to maintain the proper condition of the facility and to prevent or promptly eliminate any damage or environmental impairment (e.g. contamination, wave impact, or erosion). Regular inspections by authorities or commissioned experts may be mandated. In addition, the operator must notify the authority of any changes to the facility or in its use and, if necessary, obtain new permits. Violations of these obligations can result in sanctions such as fines, orders for removal, or even revocation of the permit.

What should be considered when removing or dismantling a lake facility?

Comparable legal requirements apply to the removal or dismantling of a lake facility as to its construction. As a rule, demolition also often requires notification to, or even express approval by, the relevant water or building authority, particularly if significant interventions in the aquatic ecosystem or shoreline area are involved. The operator is required to remove the facility completely and in an environmentally compatible manner, avoid consequential damage to the body of water, and restore the original condition of the shoreline if necessary. In certain cases, restoration or ecological compensation measures may be required. Authorities are entitled to monitor compliance with removal requirements or to order substitute performance at the operator’s expense if the operator fails to meet their obligations.

What are the consequences of unauthorized lake facilities?

The construction and operation of unauthorized lake facilities is illegal in Germany and can have serious legal consequences. Authorities are permitted to issue an immediate prohibition of use and order the removal of such facilities. In case of non-compliance, fines may be imposed. Furthermore, administrative fines may be levied under the Water Resources Act, and criminal charges may be brought, especially in nature reserves or if bodies of water are endangered. Additionally, the dismantling may be carried out at the expense of the builder. The prohibition of use may also apply to third parties entering the facility. Finally, the operator risks civil claims for damages, such as from injured neighbors or other persons harmed as a result of an accident attributable to the illegal condition of the facility.