The use of bodies of water and the construction and significant modification of structures in and on bodies of water requires permission/approval from the lower water authority.

Anyone wishing to use an above-ground body of water, e.g. withdraw or discharge water from an above-ground body of water, damming up or lowering an above-ground body of water, requires a permit under water law. This permit grants the authorization to use a body of water in a manner determined by its type and extent.

The construction and substantial alteration of structures, e.g. the construction of a bridge, a culvert, a jetty, short piping for a crossing, embankments or excavations in and on surface waters requires the approval of the lower water authority. This does not apply if they serve a use requiring a permit or the maintenance of a watercourse or are created during the development of a watercourse.

To obtain a permit/authorization, a corresponding application must be submitted to the lower water authority.

For more information on this topic, please contact Ms. Thomas or Mr. Melnitschak (contacts below).

The aim of watercourse maintenance is to maintain both the proper condition for water runoff and navigability (in the case of navigable waters) and to improve the self-purification capacity.

The watercourses and their banks must be maintained as part of the natural balance (habitat for plants and animals, as well as recreational value for people). Maintenance includes the entire watercourse bed, whereby the bank is part of the watercourse bed up to the top of the embankment.

The duty to maintain watercourses is owed to the general public and not to private individuals or specific persons. Fulfilling the maintenance obligation is in the public interest.

The scope and obligation to maintain bodies of water are set out in the Lower Saxony Water Act (NWG). The measures of watercourse maintenance are in particular

Cleaning, clearing, keeping free and protecting the bed of the watercourse including its banks, maintaining and planting site-appropriate riparian trees and shrubs, maintaining areas along the banks owned by the party responsible for maintenance, insofar as proper maintenance of the watercourse cannot otherwise be guaranteed, maintaining and operating the facilities used to drain the water.

Further information on watercourse maintenance can be obtained from Ms. Thomas (contact below).