Abbreviated form of legal source
- BImSchG 2021
- 9. BImSchv
Description of the process
After submitting the project plan (incl. expert reports on environmental impacts, detailed technical specifications, the arrangements of the turbines and information on infrastructure and grid connection) to the competent authority (9. BImSchv), the project is assessed at a scoping conference (‘Behördenkonferenz’), deciding if the project must pass the formal or the simplified procedure (§§ 10 and 19 BImSchG 2021).
The formal procedure requires the project planner to submit an expert report on immission protection, concerning the impact of impact of air pollution, sound, electromagnetic waves etc. on organisms or objects (if the turbine is higher than 50m) and a type certification approval by the DIBt. An environmental impact assessment is mandatory for projects with more than 20 wind turbines and could also be asked for smaller ones (§5, Annex 1 UVPG 2010). After fulfilling the requirements, the project is publicly announced, and expressions of interests submitted by stakeholders (§§ 9, 11, 12 and 14 BImSchG 2021). The debate is followed by the final decision of the competent authority, which can be objected by the project planner at the administrative court.
Competent authority
Regional Authority (either state, district or municipal level)