Compensation measures for interventions in the landscape caused by the construction of wind turbines can be handled more flexibly than previous administrative practice provides for. This is the result of two recent decisions by the Federal Administrative Court (BVerwG) (Ref.: 7 C 3.23 and 7 C 4.23 of 12 September 2024).

The operators of a total of five wind turbines in Brandenburg resisted compensation payments for interventions in the landscape. Instead, they wanted to demolish empty stable buildings and plant trees and hedges as compensation. Neither the competent authority nor the Berlin-Brandenburg Higher Administrative Court recognised this compensatory measure as sufficient. According to the decrees in the state of Brandenburg, impairments to the landscape caused by wind turbines can only be compensated for by dismantling masts or buildings of at least 25 metres in height.

However, the Federal Administrative Court now took a different view and referred the case back to the Higher Administrative Court. According to the court's press release, „equivalent restoration of the affected functions is sufficient to compensate for impairments to the landscape in its diversity, character and beauty as well as its recreational value“. This does not mean that only tall buildings or masts can be removed. Measures that increase the „diversity, character and beauty or recreational value of a landscape in the natural area in question“ by other means are also eligible for compensation.

„In future, the authorities will once again have to decide more individually on compensation measures when it comes to interventions in the landscape,“ says Rechtsanwalt Dr Jan Thiele.

Your contacts for all legal questions relating to renewable energies in our practice are the lawyers  Janko Geßner,  Dr Jan Thiele and Tobias Ross and the lawyers Mareike Thiele, Josefine Wilke and Dr Janett Wölkerling.