Berlin residents are once again prohibited from using rock salt on sidewalks following a ruling by the Berlin Administrative Court on Wednesday, February 3rd, 2026. The court overturned a general decree issued on January 30th that temporarily allowed private citizens to use salt to combat icy conditions.
Court Finds Decree Lacked Legal Basis
The court determined the decree was unlawful because it lacked a legal foundation. According to the court’s decision, referenced as VG 1 L 49/26, the use of de-icing agents is comprehensively regulated by street cleaning laws, with no provision for exemptions by administrative order. The ruling emphasized that administrative bodies are legally bound to adhere to existing laws and cannot create exceptions through administrative acts.
Furthermore, the court found the decree insufficient because the Senate Department for Mobility, Transport, Climate Protection and Environment did not provide a written justification for the urgent need for its implementation. Attempts to retroactively provide justification were deemed unacceptable, as this would undermine the purpose of requiring such justification in the first place.
Political Fallout and Potential Legislative Changes
The ruling has sparked political debate. Governing Mayor of Berlin, Kai Wegner, called for a swift amendment to the street cleaning law to allow for more effective ice control during extreme weather. Ute Bonde, Berlin’s Senator for Transport and Environment, stated she enacted the decree due to the urgent situation and the strain on emergency services, but acknowledged the need for a legal basis.
Steffen Krach, a leading candidate for the SPD, criticized Wegner and Bonde for a lack of crisis management, alleging a lack of a clear plan. Representatives from other parties also voiced criticism, with some expressing concern for vulnerable populations and the impact on environmental conservation efforts.
Berlin’s Street Cleaning Services Remain Exempt
The Berliner Stadtreinigung (BSR), Berlin’s street cleaning service, remains unaffected by the ruling and is still authorized to use rock salt in accordance with existing street cleaning laws. Melanie von Orlow, Managing Director of NABU, stated that the decree attempted to override existing law and criticized suggestions of using alternative products like dish soap as de-icing agents.
Frequently Asked Questions
What led to the ban on private salt use?
The ban stems from a ruling by the Berlin Administrative Court, which found that the temporary decree allowing private citizens to use rock salt lacked a legal basis, as the use of de-icing agents is already comprehensively regulated by existing street cleaning laws.
Who challenged the decree?
The nature conservation association NABU filed a lawsuit against the decree issued by the Senatsverwaltung für Mobilität, Verkehr, Klimaschutz und Umwelt on January 30th.
What is the city doing to address icy conditions?
The Berliner Stadtreinigung (BSR) is still authorized to use rock salt according to existing regulations. The city is also exploring potential legislative changes to address the issue, and Senator Bonde stated the city will utilize available resources to ensure public safety.
As the legal challenge unfolds, it remains to be seen whether the Berlin legislature will act swiftly to amend the street cleaning law, and how the city will balance public safety with environmental concerns during future winter weather events.
