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