The expansion of wind power is not progressing. Federal Economics Minister Robert Habeck (Bündnis 90/Grüne) has now presented a plan to accelerate the expansion of wind power. Among other things, the distance rules to residential areas are to be abolished if necessary. Does Habeck now want wind turbines on every doorstep? Conservationists fear great legal uncertainty.
Top priority in the Ministry of Economics
Habeck has now made the expansion of land-based wind energy a top priority. He is taking a consistent approach and is planning legislative changes that are likely to curtail the competences of the federal states and the rights of citizens on a case-by-case basis, which would also affect nature conservation. The Federal Minister of Economics, however, is of the opinion that the long approval procedures and the resistance of nature conservationists and residents are unnecessarily slowing down the expansion of wind power. His ministry’s plans, which have been presented in the meantime, state that there is a lack of available space above all. As of June 2022, ~0.8 % of the federal territory has been designated for the construction of wind power plants. In fact, only 0.5 % is used for this purpose. Habeck’s plans therefore provide for:
- By 2026, 1.4 % of the federal territory will be designated for wind power.
- The target is 2.0 % by 2032.
- Different targets apply to individual federal states because of the different preconditions for wind energy. The states of Bavaria, Baden-Württemberg and NRW have to show 1.1 % by 2026 and 1.8 % by 2032. In Mecklenburg-Western Pomerania, the target is 1.4 % by 2026 and 2.1 % by 2032. For Lower Saxony, the draft law provides for 1.7 % by 2026 and 2.2 % by 2032.
- If these goals are not achieved, Habeck wants to overturn state laws, primarily the distance rules between wind turbines and the nearest residential area.
The last point is likely to cause a dispute with the state premiers. Strong opposition is to be expected from Bavaria in particular. In general, a distance rule of 1,000 m applies in most Länder, but in Bavaria the so-called 10-H rule applies: the distance between a wind turbine and a residential building must be at least ten times the height of the wind turbine whose rotor blades are included in the calculation. Modern turbines reach heights of up to 250 m, which is why Bavaria often prescribes a distance of 2.5 km. Habeck does not want to abrogate the Bavarian rule immediately, but for its existence, the Bavarians must achieve the prescribed area targets. In this context, Habeck spoke of “prevention planning” in some federal states, which he would not accept. In that case, the Länder concerned would have to erect their wind turbines in landscape areas and commercial forests. If that was not enough, they would have to move closer to residential areas.
Trade with wind areas
As with CO₂ emissions trading, there is to be trading in land for wind turbines in Germany in future. If a federal state exceeds its land targets, it can transfer its land quota to another state in return for financial compensation. However, a limit of 25 % of the area is to apply. This is provisionally one idea of the proposals from the Federal Ministry of Economics. These will be laid down in an international treaty to be concluded by 2024 at the latest.
Criticism from the German Environmental Aid
The German Environmental Aid (DUH) still considers the plans insufficient. Its national director Sascha Müller-Kraenner is fundamentally opposed to the minimum distances between wind turbines and residential buildings. He is not convinced, says Müller-Kraenner, that one has to wait and see to what extent individual federal states achieve their area targets or not. This is a policy that follows the “principle of hope”. If the DUH should prevail with its radical demand, in future a wind turbine could also stand directly in front of one’s front door.
Goals of wind power expansion
The target is to have 115 GW of wind turbines installed on Germany’s land area by 2030, which would double the current installed capacity. Experts also consider 165 GW possible if there really are wind turbines on 2.0 % of the country’s land area. In the process, familiar considerations will be dropped, because among other things, species protection will have to accept severe cuts. For example, bird conservationists are no longer allowed to build nesting aids within a 1.5 km radius of a wind farm, so as not to motivate birds of prey to settle there. As expected, the NaBu (German Nature and Biodiversity Conservation Union) has also criticised this. But Habeck considers his approach to be without alternative. Many experts see it the same way.
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