Water law permit

Which permit obligations result from the Water Act?

Not every project or measure involving water bodies requires a permit under water law. What actually requires a permit under water law is regulated by the Water Act(WRG).

In particular, a permit under water law is required:

1. Installations for the thermal use of groundwater according to § 10 WRG (see guidelines of the Tyrolean Urban Water Management)
2. Land drainage (infiltration of precipitation water), insofar as the degree of insignificance according to § 32 WRG is exceeded (see information sheet)
3. Construction water drainage according to Article 40 WRG
4. Special construction works according to Article 38 WRG (construction and modification of bridges, footbridges and structures on banks, as well as other structures within the boundaries of the flood discharge area)
5. Discharges into water bodies, insofar as the degree of insignificance according to Article 32 WRG is exceeded (to be clarified with the authority in each individual case)
6. Wastewater treatment plants according to Article 32 WRG
7. Water protection and regulation structures according to Article 41 WRG

In addition to the licensing requirements stipulated in the WRG, further licensing obligations may arise in the area of water protection and sanctuary areas from the respective ordinances.

Furthermore, it should be noted that for certain simple projects, the WRG provides for a notification obligation instead of a permit obligation (see Article 114 WRG).

Can precipitation waterbe discharged into the sewer?

In principle, all precipitation water must be disposed of in accordance with ÖNORM B 2506 and ÖWAV - Regelblatt 45 using state-of-the-art technology. The prerequisite for this is the suitability of the subsoil. If infiltration is not possible, this requires a corresponding connection contract with the sewer operator (Innsbrucker Kommunalbetriebe AG). The discharge of precipitation water into a surface water is in any case subject to approval under water law (see information sheet).

Which documents do I need for an application for a water law permit or for a notification?

The documents required for an application for a water-law permit or for a notification can be found in Article 103 WRG. Depending on the type of project, additional documents may also be required. Before preparing the submission documents, you are therefore welcome to ask the authority about the requirements in the specific case.

Please note that the documents must be prepared by a competent person and must be submitted in quadruplicate in the case of water use and, as a rule, in triplicate (paper form!) in the case of other facilities.

If your project will temporarily or permanently occupy a municipal property, you will need a civil law declaration of consent from the City of Innsbruck. Responsible for this is the Service Unit Real Estate Matters

What is the procedure?

The procedure is regulated in the WRG.

1. Application by the applicant for a permit
2. Preliminary examination by water authorityService Unit Crop and plant engineering .. ) and forwarding to experts
3. Review of the statement by the water authorityService Unit Crop and plant engineering .. )
4. Oral hearing with all parties concerned (for the circle of parties see § 102 WRG. In case of a simple factual and legal situation, such a hearing may be omitted in individual cases.
5. Issuance of the decision, if necessary with the imposition of conditions.
6. Implementation of the project, taking into account the conditions imposed by the decision

What costs will I incur in the course of the procedure?

The fees and charges must be calculated individually for each procedure. The main legal bases for the costs are the Fee Act, the Federal Administrative Fee Ordinance and the Ordinance of the Tyrolean Provincial Government on Commission Fees.

How long does the approval or notification procedure take?

Pursuant to Section 73 of the General Administrative Procedures Act (AVG ), the decision-making period in the approval procedure is generally six months from receipt of a fully documented application.

In the notification procedure, the maximum duration of the procedure is three months from receipt of a fully documented notification.

I have received a water law permit, do I have to pay attention to other things ?

Yes, you have to pay attention to the deadline for the completion of the construction work and the time limit of the water law permit:

Construction completion deadline

A binding construction completion deadline is specified in the decision. The completion of the plant must be reported to the authority in writing within an open period of time, so that the authority can check the execution of the plant.

Failure to comply with the construction completion deadline may result in the expiration of the permit. However, before the expiry of the deadline, it is possible to apply for an extension of the construction completion deadline, giving reasons.

Limitation of the water-law permit

Water use rights are limited in time according to the provisions of the WRG. In the case of water withdrawals for irrigation purposes, the period may not exceed 25 years, otherwise 90 years.

Holders of a temporary water use right have the possibility to apply for a renewal of the water use right at the earliest five years and at the latest six months before the expiry of the permit. If the application is submitted in due time, the previous holder of the right shall be entitled to the re-granting of the right, provided that public rights do not conflict therewith and the use of the water is in compliance with the state of the art. In this case, the expiry of the permit period is suspended until a final decision on the application for re-granting is made (see Article 21 WRG).

Who can give me information about drinking water?

If you have any questions about drinking water in Innsbruck (e.g. about quality, hardness, etc.), please contact IKB (Innsbrucker Kommunalbetriebe AG) .