Traffic Noise Protection Ordinance
Basic data | |
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Title: | Sixteenth ordinance for the implementation of the Federal Immission Control Act |
Short title: | Traffic Noise Protection Ordinance |
Abbreviation: | 16. BImSchV |
Type: | Federal Ordinance |
Scope: | Federal Republic of Germany |
Issued on the basis of: | Section 43 (1) BImSchG |
Legal matter: | Environmental law |
References : | 2129-8-16 |
Issued on: | June 12, 1990 ( BGBl. I p. 1036 ) |
Entry into force on: | June 21, 1990 |
Last change by: |
Art. 1 Regulation of 18 December 2014 ( Federal Law Gazette I, p. 2269 ) |
Effective date of the last change: |
January 1, 2015 (Art. 2 of December 18, 2014) |
Weblink: | Text of the regulation |
Please note the note on the applicable legal version. |
The Traffic Noise Protection Ordinance (16. BImSchV) defines, among other things, immission limit values for protection against traffic noise . With the limit values, a distinction is made between which areas (e.g. residential areas) are affected.
Area of application, immission limit values
According to Section 1, Paragraph 1, the 16th BImSchV applies to the construction or major changes to public roads and railways . What is a major change is described in paragraph 2. An assessment criterion is the noise level of 70 dB during the day (6 am to 10 pm) and 60 dB at night. These levels should not be exceeded and apply from the trigger thresholds for noise remediation .
The limit values specified in § 2 depend on the classification of the area under consideration. For example, the 16th BImSchV provides for areas in which hospitals and schools are located at 57 dB during the day (6 am to 10 pm), relatively strict limit values, while the limit values for commercial areas are much higher in comparison with 69 dB. At night, the limit values are generally 10 dB lower. These limit values only apply to the construction of new roads and railways and are referred to as noise prevention .
history
The Federal Immission Control Act passed in April 1974 contained no limit values for traffic noise. The Traffic Noise Protection Act envisaged for this was generally approved, but was not passed until the 1980s due to disputes over the financing of the associated measures.
The ordinance was issued by the federal government on June 12, 1990 on the basis of the authorization granted by Section 43 (1) BImSchG .