484 15.1 Wind farm project planning
15.1.2 Legal aspects of the approval process
In Germany, the local community in whose area the site is located is responsible
for the approval of the wind farm or wind turbine. Uniform German federal laws
in conjunction with laws and regulations by individual federal states form the ba-
sis for the legal framework. An overview of the relevant federal laws and regula-
tions of the federal states is presented in Fig. 15-3.
¾ Federal Building Code (Baugesetzbuch BauGB)
¾ Aviation Act (Luftverkehrsgesetz LuftVG)
¾ Road Traffic Regulation (Straßenrecht)
¾ Federal Nature Conservation Act (Bundesnaturschutzgesetz BNatSchG)
¾ Federal Act on Immission Protection (Bundesimmissionschutzgesetz BImSchG)
¾ Environmental Impact Assessment Act (Umweltverträglichkeits-Prüfungs-Gesetz UVPG)
Federal laws
Regulations by the federal states
¾ Federal Building Regulation (Landesbauordnung)
¾ Maximum height limitations and regulations on minimum distances
¾ Land use planning and regional development
Competence of the community
¾ Prescribed privileged areas
¾ Development of land use plans
¾ Verification of admissibility
¾ Issue of construction permit
¾ Federal Building Code (Baugesetzbuch BauGB)
¾ Aviation Act (Luftverkehrsgesetz LuftVG)
¾ Road Traffic Regulation (Straßenrecht)
¾ Federal Nature Conservation Act (Bundesnaturschutzgesetz BNatSchG)
¾ Federal Act on Immission Protection (Bundesimmissionschutzgesetz BImSchG)
¾ Environmental Impact Assessment Act (Umweltverträglichkeits-Prüfungs-Gesetz UVPG)
Federal laws
Regulations by the federal states
¾ Federal Building Regulation (Landesbauordnung)
¾ Maximum height limitations and regulations on minimum distances
¾ Land use planning and regional development
Competence of the community
¾ Prescribed privileged areas
¾ Development of land use plans
¾ Verification of admissibility
¾ Issue of construction permit
Fig. 15-3 Overview of the general legal regulations for the approval of wind turbine installation
in Germany
Since the amendment of the German Federal Building Code (BauGB) in 1998, the
erection of wind turbines in the outskirts is a privileged project. Since then, most
local communities designated suitable areas which were favourably examined for
approvability in cooperation with the public agencies and regional planning au-
thorities. If parcels are located in such a suitable area (or a privileged area for
wind energy projects) then nothing stands in the way of building approval with re-
spect to the building code. Approval is usually not granted to areas outside of
these designated suitable areas.
The German Aviation Act (LuftVG) may impose constraints on the project. The
approval of the aeronautical authority is a prerequisite for the permission to build
in the protected areas around airports and in any place if the wind turbine would