Procedure descriptions
Notify earth excavation or apply for a permit
Earthworks such as the excavation of building pits and trenches, tunnelling, drilling or digging are referred to as earth excavation. If the earthworks fulfil the following requirements, they are relevant under water law and are subject to notification or approval.
Responsible authority
Your water authority is responsible:
in an urban district: the city administration
in a rural district: the district administration
in rare cases, the regional council if an application is to be made for groundwater extraction of more than five million cubic metres per year in connection with the excavation or if the notification relates to a site on which at least one plant is present or planned,
- which is subject to the EU Industrial Emissions Directive (installation in Annex 1 column d of the Ordinance on Installations Requiring a Licence, marked with the letter E)
- which constitutes an operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (BImSchG) (hazardous incident operation) or
- which is subject to authorisation pursuant to Section 60 (3) sentence 1 numbers 2 and 3 of the Federal Water Act (WHG).
Details
Prerequisite
Earthworks must be reported to the responsible water authority one month before they begin if they penetrate more than 10 metres into the ground or could affect the groundwater.
As soon as earthworks reach so deep that they penetrate the aquifer, a permit under water law is required. This is regularly the case for boreholes for geothermal probes, groundwater heat pumps, (percussion) wells and groundwater measuring points. If the competent authority determines that a permit under water law is required for the notified work, the notification is deemed to be an application for the required permit under water law.
For the following purposes, you can also notify earthworks and boreholes online or apply for a permit:
- Exploration of the subsoil
- Foundation and securing of excavation pits (e.g. sheet piling, pile foundations, vibratory tamping columns)
- Utilisation of geothermal energy: geothermal probe; groundwater heat pump; geothermal collector
- Wells and groundwater measuring points
- Impact wells for allotment garden irrigation
- Investigation of contaminated sites
If you wish to operate a groundwater heat pump, you can also apply for the necessary water law permit for groundwater extraction and re-injection with this application. Otherwise, you will need a separate permit for groundwater extraction. Groundwater abstraction can also be applied for online, but no additional authorisation for groundwater abstraction is required when applying for a percussion well for allotment garden irrigation in small quantities, as long as there is no risk of significant adverse effects on the water balance.
Procedure
You can notify the competent authority of an excavation either in writing or by submitting an online application, or apply for a permit.
- The required planning documents must be submitted with the notification or application.
- The water authority must confirm receipt of the notification.
- Work may not commence until one month after receipt of the notification.
- The water authority may authorise an earlier start.
- If your project requires a permit, the water authority will initiate a permit procedure upon receipt of the notification. In this case, the notification is deemed to be an application. You will be informed of this by the water authority. In order to clarify whether it is necessary or appropriate to initiate a permit procedure, the water authority can inform public bodies, neighbouring residents or the public about the project or consult them in an appropriate manner. If a permit is required for the project, work may only begin after the permit has been issued and drilling has been authorised.
Deadlines
There are no statutory deadlines for the submission of application documents. However, the water authority may reject incomplete or unauthorised applications if the applicant has not rectified the deficiency within a deadline set by the authority.
If a permit is required, the water authority will initiate a permit procedure within one month of receiving the notification. The water authority may inform public bodies, neighbouring residents or the public about the project or consult them in an appropriate manner within the one-month period. Work may only commence after permission has been granted and drilling has been authorised.
With regard to the notification period, please refer to the explanations under the heading Procedure.
With regard to the notification deadlines under the Geological Data Act and the Federal Mining Act, please refer to the information under the heading Notes.
Required documents
The individual documents required for notification or authorisation depend on the location and project. Further information can be obtained from your local water authority.
Costs
Costs may be incurred in the form of fees. Fees are calculated on the basis of the legal ordinance and statutes of the relevant competent authority as well as the regulations of the State Fees Act. Please contact your local water authority with regard to specific questions about charges. If you extract groundwater, a water extraction charge may also apply.
Processing time
The processing time depends on the complexity of the project and the organisations and persons involved.
Miscellaneous
Irrespective of any notification and authorisation obligations under water law, the Geological Data Act (Geologiedatengesetz) generally requires notification and submissionto the State Office for Geology, Raw Materials and Mining at the Freiburg Regional Council (LGRB) .
In addition, a drilling notification must be submitted to the LGRB for drillings deeper than 100 metres. In this context, the LGRB also checks whether an operating plan under mining law is required for the project. If an operating plan under mining law is required, the LGRB conducts the procedure as the mining authority. Boreholes for the sole purpose of utilising geothermal energy up to 400 metres are not subject to an operating plan under mining law, although the obligation to notify under mining law remains in place.
Legal basis
Wassergesetz für Baden-Württemberg (WG):
- § 43 WG (Erdaufschlüsse, Geothermie)
- § 93 WG (Erlaubnis- und Bewilligungsverfahren)
- § 82 WG (Sachliche Zuständigkeit)
Gesetz zur Ordnung des Wasserhaushalts (Wasserhaushaltsgesetz - WHG):
- § 8 ff. Erlaubnis, Bewilligung
- § 49 Erdaufschlüsse
Release note
Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 08.07.2025