Restoring the road lane to its previous state of usefulness in the event of having the appropriate occupation permit

Abstract

public road lane to its previous state after the work performed (the placement of the device). In the practice of the authorities, it constantly happens that the conditions for the restoration of the road lane to its previous state are erroneously included in the location decision rather than in the permission to occupy the lane. In addition, the authorities impose conditions on investors (who are most often the addressees of a lane occupation permit) that consist of improving the condition of the road lane rather than restoring it to its previous condition. Thus, the publication also focuses on defining the concept of restoration. The final part of the work draws attention to the difficulty of in-practice application of the provision of Article 127 § 1a, added to the Code of Administrative Procedure in 2023, which may cause the most problems in application precisely about permits for road lane occupation and the additional clauses placed therein.