{"id":11380,"date":"2025-09-10T10:04:36","date_gmt":"2025-09-10T08:04:36","guid":{"rendered":"https:\/\/dombert.de\/?p=11380"},"modified":"2025-09-10T10:05:37","modified_gmt":"2025-09-10T08:05:37","slug":"now-everything-is-going-even-faster-once-again-new-rules-for-wind-energy-approval","status":"publish","type":"post","link":"https:\/\/dombert.de\/en\/geht-jetzt-alles-noch-schneller-wieder-einmal-neue-regeln-fuer-die-windenergie-zulassung\/","title":{"rendered":"Will everything go even faster now? - (Once again) new rules for wind energy authorisation"},"content":{"rendered":"
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Will everything go even faster now? - (Once again) new rules for wind energy authorisation<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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Tobias Ro\u00df<\/span><\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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Blog post<\/span><\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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10.09.2025<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The implementation of the European Renewable Energy Directive RED III (Directive (EU) 2023\/2413) is intended to further accelerate the expansion of wind energy in Germany. The legislative package, which came into force on 15 August 2025, takes up key provisions of the directive and - once again - significantly changes the framework conditions for the planning and approval of onshore wind turbines. In particular, the introduction of so-called Acceleration areas<\/strong> promises to simplify authorisation procedures in the long term, but raises numerous new legal and practical questions, especially in the short term.<\/p>

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What are acceleration zones?<\/h3>

The new law distinguishes between several categories of areas that can be recognised as acceleration areas within the meaning of Section 6b Wind Energy Area Requirements Act<\/strong> (WindBG) apply. These are<\/p>

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Already relevant today: Existing wind energy areas according to \u00a7 6a WindBG<\/strong><\/p>

Acceleration areas are all areas that were designated by 19 May 2024 and for which an environmental assessment and - if necessary - a Natura 2000 impact assessment was carried out as part of the original planning. Such existing areas are considered acceleration areas unless they are located in Natura 2000 areas, nature conservation areas, national parks or biosphere reserves.<\/p>

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(New) acceleration zones in regional plans in accordance with Section 28 of the new version of the Spatial Planning Act (ROG) and land utilisation plans<\/strong><\/p>

Priority areas for wind energy to be designated in the future must also be defined as acceleration areas, provided they are not located in sensitive conservation areas. In addition to nature conservation areas and Natura 2000 sites, these also include those with \u201enationally significant occurrences\u201c of bird species affected by wind energy or species strictly protected under European law (so-called \u201eAnnex IV species\u201c). Regional planning is thus obliged to designate the acceleration areas parallel to the priority areas. If regional planning decides to finalise ongoing procedures without acceleration areas, it must start designating acceleration areas within a further three months of the conclusion of the procedure. A new regulation for additional acceleration areas in land utilisation plans is also planned (Section 249c BauGB).<\/p>

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What applies in the acceleration zone?<\/h3>

Authorisation procedures are to be streamlined within the acceleration areas. Essentially, the simplifications already in place for wind energy areas will be continued and expanded:<\/p>

The obligation to carry out an environmental impact assessment will no longer apply in the acceleration area. The species protection assessment will also be modified and significantly simplified. Mapping and extensive species surveys are not required; existing data is used. If no data is available, the central species protection issues are resolved via a compensation payment. There will be no refusals for reasons of species protection. So far, so familiar: The same has already applied to wind energy areas in the past for applications under Section 6 WindBG.<\/p>

The central innovation is the stratification of the assessment: everything that has already been processed at the planning level is no longer to be assessed in the authorisation procedure. Instead, the authorisation review is to be limited to \u201eclear evidence of highly probable significant unforeseen adverse environmental impacts\u201c.<\/p>

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Facilitation of the Natura 2000 assessment<\/h3>

Another new and particularly effective feature is the simplification of the Natura 2000 impact assessment in the acceleration area:<\/p>

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While in the past this assessment led to delays and sometimes even rejections, especially for projects in the immediate vicinity of Natura 2000 sites, under the new law it is no longer required in the authorisation procedure if a corresponding impact assessment has already been carried out as part of the land use designation. This makes things easier, but also harbours uncertainties. This is because it is not always clear whether an impact assessment was actually carried out in the planning procedure. This must be checked and decided on a case-by-case basis. Battery storage in view - at least a little<\/strong><\/p>

Finally, the legislator has also considered the authorisation of storage facilities - at least to some extent. In future, planners will be able to determine that battery storage systems are to be considered privileged if they are erected in a spatial-functional context with wind turbines and have a \u201eserving function\u201c. However, the explanatory memorandum to the law remains vague on the question of when a storage system fulfils such a serving function: \u201eIn future, the most relevant case in practice is likely to be battery storage that supports the wind farm in the market and grid integration of the electricity generated,\u201c it says. This is a pleasingly broad approach that takes a broad view of the term \u201eserving\u201c. Although this is a first step towards the integration of storage systems into planning, a comprehensive solution including the general privileging of battery storage systems is still lacking.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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My recommendation<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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What next in practice? Tips for the transition period<\/p>

Procedures that have already begun will be continued and completed in accordance with the old law, unless the project developer applies for the new regulations to be applied. On the one hand, the new regulations open up the possibility of carrying out procedures much more quickly. At the same time, however, they still raise numerous questions of interpretation and require careful preparation and coordination on the part of project developers and authorities alike. In particular, the large number of undefined legal terms - such as what constitutes \u201eunforeseen adverse effects\u201c - are likely to raise questions in practice. Swift sub-legislative clarification is desirable here (for example in the form of an implementation guideline as with Section 6 WindBG).<\/p>

Anyone wishing to utilise the new scope should prepare strategically for the procedures at an early stage. Particularly important for Project sponsor<\/strong>:<\/p>

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