Use of Roadside Land
In accordance with the Article 13 of the Road Act of the FBH, Public Company Roads of the Federation of BH is entrusted with the management, construction, maintenance and protection of main roads. Article 52 of the stated act provides the road protection activities.
Road protection activities include:
- Protection against the construction of structures on the road;
- Regulation of the construction of access roads, bus stops, parking lots and gas stations;
- Provision of visibility on the intersections and in the curves;
- Protection against the uncontrolled arrive of number of people, children, cattle and wildlife on the road;
- Prevention of road activities that could damage road, endanger traffic or increase costs of road maintenance;
- Regulation of relationship with the neighbours along the road;
- Regulation of installation of cables, lines and utilities in the road bed and road reserve;
- Protection against deposit of material on the road and along the road;
- Providing evidence of roads and road right of way;
- Execution of road manager authorities with regard to the road protection;
- Control of construction of fences and provision of other works in the road reserve or taking measures to prevent illegal works.
Application for Land Use Permit
Department for spatial planning of the relevant municipal authority initiates the procedure for and on behalf of the investor applying for provision of urban approval/ construction permit.
The application form must be submitted together with the following documents:
- proof of ownership,
- schematic drawing of the structure including the spatial planning – technical conditions;
- excerpt from as built planning documents if any;
- project documents (Preliminary Design).
Following the application receipt, the applicant will be provided by the designated official with the act on the amendments to the documentation, on the costs of the procedure and site visit after which the site inspection shall be made and Minutes of Site Inspection composed.
Following the inspection, the applicant will be provided with an act on submission of Detailed Design together with the necessary guidelines for its provision. At the end of the procedure, the Applicant shall receive:
- Decision on the Use of Roadside Land for the purpose of Construction i
- Decision on the Use of Roadside Land.
Following the application for and the receipt of the Decision on the use of roadside land and other land belonging to a public road, the applicant is obliged to provide evidence of payment of the pertaining fee, thus within 15 days from the date of its receipt. The fee stipulated by this decision is calculated from the date of the Decision until December 31 of the current year. For each subsequent year, a new decision on the use of roadside land shall be issued with the accounting period January 1 - December 31 of year concerned.
Under the provision of their public authorities, the Road Safety Department launches administrative procedures ex officio or upon request of the party, and issues a decision in order to provide:
- Approval for the construction of structures and installation utilities within public road right of way;
- Approval for construction of junctions, i.e. access to a public road;
- Approval for the construction of bus stops, rest areas and parking lots;
- Order to cease performing illegal activities and to remedy road and road reserve disturbances.
A prior approval shall be issued for the construction of structures and accommodating utilities within road reserve for which no administrative procedure is being carried out.
Execution procedure against users who fail to comply with the obligations under the Decision on the Use of Roadside Land
Proposal for execution procedure shall be submitted against the users who failed to comply with the obligations under the Decision on the use of Roadside Land. Proposals are submitted to the competent court on a continuous basis, immediately after gathering the necessary evidence, i.e. invoices, warnings or analytic card of the beneficiary.
Decision on the Use of Roadside Land
In accordance with the Rulebook on Accounting Policies No. 01-10315-3/12-JM of December 19, 2012,Rulebook on Fees for the Use of Roadside Land (Official Gazette of the FBH, No. 75/10) and Rulebook on the Amendments to the Rulebook on Fees for the Use of Roadside Land (Official Gazette of the FBH, No. 51/15), every year the Department of Traffic Safety, Protection and Maintenance is obliged to issue a new decision on the use of roadside land to the existing users with the accounting period January 1 - December 31 of year concerned.
Coordination with Federal Administration for Inspection Issues
Department of Traffic Safety, protection and Maintenance submits monthly reports to the Federal Administration for Inspectional Issues – Traffic Inspection, to take measures under their jurisdiction as set forth in the Article 105, paragraph 1, Item 7 of the Road Act of the FBH (Official Gazette of the FBH, Nos. 12/10, 16/10 and 66/13) and Article 87 of the Inspection Act of the FBH (Official Gazette of the FBH, No. 73/14).Pursuant to the Procedure of adopting decisions for the use of roadside land, this is the obligation of the relevant department and example of cross-sector coordination.
Provision of approvals/ opinions in the process of legalization of various types of spatial planning documentation
Department of Traffic Safety, Protection and Maintenance participates in the provision of approvals/ expert opinions in the process of legalization of various types of spatial planning documentation (i.e. regulation plans, urban plans, urban planning projects etc.). Therefore, the coordination with the relevant authorities responsible for preparation of spatial planning documents (i.e. relevant municipality services) is strengthened.
Implementation of road protection against illegal activity along the roads
In light of our legal obligations and as we regularly witness illegal activities on the main roads, road corridor or road reserve, in order to ensure more efficient road protection, it was necessary to draft written procedures in terms of implementing road protection against illegal activity along the roads.
The need for drafting the Procedures was evident and inevitable since it refers to the obligations, rules and procedures relating to the road protection, but also to other persons in the road maintenance sector. The Procedures establish the occurrence, the proceedings and its completion (i.e. road manager indemnification and damage compensation).