Equipment and machine noise protection; application for a special permit

The Equipment and Machinery Noise Protection Ordinance regulates the use of machinery and equipment in certain sensitive outdoor areas. These regulations are generally aimed at both entrepreneurs and private individuals.

Devices and machines in

• pure, general and special residential areas,
• Small settlement areas,
• Special areas used for recreation,
• spa and clinic areas and
• on the grounds of hospitals and nursing homes

may not be operated outdoors all day on Sundays and public holidays and from 8 p.m. to 7 a.m. on weekdays.

This also applies to motorized devices such as lawn mowers, hedge trimmers, chain saws, scarifiers and similar devices.

Special regulations exist for

• Brush cutter,
• Grass trimmer and grass edge trimmer,
• Leaf blowers and leaf collectors,

which do not bear the Community eco-label (European eco-label) or do not comply with the requirements for permissible sound power levels of Stage II in Article 12 of Directive 2000/14/EC.

These may also be used in the period between

• 7:00 am and 9:00 am,
• 13:00 and 15:00 and
• 17:00 and 20:00

may not be operated.

The competent authority may allow exceptions to the operating time restrictions in individual cases.

Anyone using loud equipment and machinery to avert hazards during storms or snowfall or other dangers to people, the environment or property does not require a special permit.

No special permit is required for night-time work in mixed-use areas, commercial and industrial areas if none of the above-mentioned areas are directly affected by the construction work.

An exemption permit is also generally not required for construction sites on roads and railroads of supra-regional importance, e.g. federal trunk roads (federal highways and federal roads with local crossings) and railroads of federal railroads.

• Work cannot be carried out during the permitted times for understandable reasons
• Work is in the public interest

If an exemption is required, the corresponding application must be submitted in good time (one week before the start of the measure, two weeks before the start in the case of extensive measures).

• § Section 7 (2) 32nd Ordinance on the Implementation of the Federal Immission Control Act (Equipment and Machinery Noise Protection Ordinance - 32nd BImSchV)
• Art. 2 para. 7 Bavarian Immission Control Act (BayImSchG)

The application to the municipality can be made informally. It should state why a deviation from the specified times is necessary.

Anyone who operates devices and machines without the required exemption permit is committing an administrative offense (Section 9 (2) No. 1 of the 32 BImSchV), which can be punished with a fine of up to 2,500 euros.