Onshore Wind Permitting in Germany: Wind Areas, Species Protection and Repowering

The framework for onshore wind permitting

Onshore wind permitting in Germany combines planning law, immission control law and nature conservation law. Wind turbines with a total height of more than 50 metres require a permit under the Federal Immission Control Act (BImSchG), which, through its concentration effect, includes the building permit. The authority checks noise, shadow flicker, safety distances, species protection, landscape, aviation and radar issues, and compliance with planning law. Since 2022, a series of federal reforms – the "Easter package" and "Summer package", the Wind Energy Area Requirements Act and the implementation of the revised EU Renewable Energy Directive – has fundamentally changed the rules.

A key principle frames all decisions: the construction and operation of renewable energy installations are in the overriding public interest and serve public health and safety, and until electricity generation is almost greenhouse gas neutral, renewable energies are to be given priority in balancing decisions, except against national and alliance defence interests (§ 2 EEG). This shifts the burden of justification in conflicts with landscape protection, monument protection and other interests.

This article explains designated wind areas, acceleration areas, species protection, repowering, the permit procedure and litigation – the main building blocks of onshore wind permitting in 2026.

Designated wind energy areas under the WindBG

The Wind Energy Area Requirements Act (Windenergieflächenbedarfsgesetz, WindBG) obliges each federal state to designate a percentage of its land area for onshore wind energy – the area contribution value (Flächenbeitragswert). The annex sets state-specific values that must be reached at least by 31 December 2027 and 31 December 2032 (§ 3(1) WindBG). States can fulfil the obligation themselves through state or regional plans or delegate targets to regions or municipalities.

The designation targets are linked to planning law. In general, wind turbines are privileged projects in the outer area under § 35(1) no. 5 BauGB. Once a state or region has reached its area contribution value and this has been formally established, turbines outside designated wind areas can only be approved exceptionally (§ 249(2) BauGB). Before that point, the privilege applies broadly, and planning restrictions that previously excluded wind outside concentration zones lose their effect. This "carrot and stick" approach has accelerated regional planning considerably.

State distance rules and height limits

Onshore wind permitting also depends on state law. Some states have adopted minimum distance rules between wind turbines and residential buildings, using an opening clause in federal planning law; the WindBG limits their effect, because distance rules may not prevent a state from reaching its area contribution value and must be adjusted if they do. State building regulations set setback distances, and regional plans may contain height limits. Developers should therefore check the current state of each regional plan, because many are being revised to meet the WindBG targets and draft plans can already influence permit decisions.

Simplified permitting in wind energy areas

The most significant acceleration is in § 6 WindBG. If a permit for a wind turbine is applied for in a wind energy area designated at the time of the permit decision, no environmental impact assessment and no species protection assessment under § 44(1) BNatSchG are carried out, provided the area was subject to a strategic environmental assessment when designated and does not lie in a Natura 2000 site, nature reserve or national park.

Instead, the authority orders appropriate and proportionate mitigation measures on the basis of existing data, for example curtailment to protect bats, which must be adjusted on the basis of two years of acoustic monitoring at nacelle height. Where no suitable measures are available or data are insufficient, the operator pays an annual amount per megawatt into a national species protection programme, fixed by the authority together with the permit.

The provision implements EU emergency legislation and the revised Renewable Energy Directive, which require faster permitting in areas assessed at plan level. Existing wind areas can be declared acceleration areas, with further simplifications in the permit procedure (§§ 6a, 6b WindBG). For developers, the location of a project inside or outside a designated area is therefore the single most important permitting factor.

Species protection outside designated areas

Outside wind energy areas, the full species protection assessment applies. The prohibition on killing or injuring protected animals (§ 44(1) no. 1 BNatSchG) is the main hurdle for wind turbines, particularly for collision-prone birds and bats.

Since 2022, § 45b BNatSchG standardises the assessment for breeding birds: it lists collision-prone species and sets a near zone, a central assessment zone and an extended assessment zone around breeding sites. Within the near zone, the collision risk is deemed significantly increased; in the central zone, there are indications of an increased risk that can be rebutted, for example by a habitat potential analysis or mitigation measures; in the extended zone, the risk is generally not significantly increased unless specific indications exist.

The standardisation has reduced disputes about methodology and allows developers to assess risks early. Where an exception from the prohibitions is needed, § 45b BNatSchG and the overriding public interest of renewables facilitate exceptions, but they require that no reasonable alternative site exists and that the conservation status of the species does not deteriorate.

Repowering

Replacing old turbines with fewer, larger and more efficient ones is a major source of additional capacity. Under § 16b(1) BImSchG, if an installation generating renewable electricity is modernised, the change permit procedure only examines requirements to the extent that the repowering causes adverse effects compared with the current state, taking into account the installation being replaced. Further provisions of § 16b simplify the treatment of turbines replaced within a certain distance and period, and species protection law contains specific rules for repowering. For older wind farms, repowering is often more attractive than continued operation, and existing grid connections and community acceptance are valuable assets.

Repowering projects still need careful planning. Old turbines may stand outside today's designated wind areas, which affects the applicable planning rules once a state has met its area target. Land lease agreements often need to be renegotiated for larger rotor diameters and new turbine positions, and neighbouring landowners whose plots are newly affected by rotor overflight or setback areas must agree. Decommissioning of the old turbines, including foundations, must be secured, and the old turbines' EEG support ends with their replacement. A combined repowering and grid strategy – reusing the existing connection, possibly with additional capacity – is often the key to the business case.

Permit procedure, other approvals and litigation

Most wind farms are approved in the simplified BImSchG procedure without public participation, unless an EIA is required, which is rare inside designated areas. The decision deadlines under § 10(6a) BImSchG apply. Aviation and radar issues – air navigation, military radar and weather radar – require the involvement of the competent authorities and can delay or block projects. Municipal consent under planning law, road law approvals for access and grid connection routes complete the picture.

Litigation has been accelerated. Objections and actions by third parties against the approval of an onshore wind turbine with a total height of more than 50 metres have no suspensive effect, and objections must be substantiated within one month (§ 63(1) BImSchG). Applications for an order restoring suspensive effect must be filed within one month of service of the approval. First-instance jurisdiction for wind energy cases lies with the higher administrative courts, removing one instance. Environmental associations and neighbours still challenge permits, so robust documentation of noise, species protection and the balancing of interests remains essential.

Community participation and acceptance

Several states have introduced laws requiring developers to offer municipalities and residents financial participation, and the EEG allows operators to pay municipalities a voluntary contribution per kilowatt-hour that can be reimbursed under certain conditions. Early and transparent community engagement reduces the risk of local opposition and litigation considerably.

Aviation, radar and military constraints

Turbines can interfere with air navigation systems, military radar and low-flying areas, and with weather radar operated by the German Weather Service. In onshore wind permitting, the competent aviation and military authorities must be involved and can object. Federal law has been amended to reduce protection zones around certain air navigation facilities and to require a more precise assessment of interference, but conflicts remain frequent, especially near military training areas. Early requests for preliminary assessments help avoid investing in sites that later prove unviable.

Timing permits, tenders and construction

Most onshore wind projects need a permit before they can take part in the EEG tenders run by the Federal Network Agency, and successful bidders must commission within statutory deadlines. Onshore wind permitting, tender participation, turbine procurement and grid connection must therefore be planned together. Permit conditions on construction times, bat curtailment or noise-reduced night operation affect yield and should be reflected in bid prices.

Onshore wind permitting: outlook

With state designations progressing and permit numbers rising, the bottleneck has shifted to grid connection, supply chains and tenders. The 2026 EEG reform bill proposes additional onshore wind tender volumes and new rules for grid-oriented expansion, including limits on compensation for curtailment in congested regions, which may influence site selection. Developers should combine permitting strategy with grid connection and tender strategy from the very outset of each project. Our articles on the EEG reform 2027 and grid connection reform cover these developments.

How TRW & Co helps with onshore wind permitting

We advise developers, investors, municipalities and landowners on onshore wind permitting in Germany. We assess sites against wind area designations and species protection rules, plan and manage BImSchG procedures, negotiate with authorities on mitigation and species protection payments, handle aviation and radar issues, structure repowering projects and defend permits before the higher administrative courts. We also conduct permitting due diligence in transactions. Our work connects with our renewables and planning and environmental practices and our article on immission control permits. Please contact us. This article is general information and not legal advice.