Site selection process

• WindSeeG 2020)
• ROG 2007
• BauGB 2017
• BImSchG 2021
• EEG 2021

Wind offshore:
The federal authority for maritime navigation, and the regional authorities define the sites eligible for offshore wind energy in a “Spatial development plan” building on the maritime special development plan. The sites and the planned order of construction should respect the deployment goals of offshore wind energy plants set by the federal government (WindSeeG 2020, para. 5, 5). Sites that do not comply territorial laws, for example if they endanger the maritime environment, if they compromise the safety and fluidity of maritime transport, if they compromise the safety of defense, or if they are located in a nature protection area, are not eligible (§ 5 par. 3 WindSeeG 2020). The detailed pre-examination as a field analysis of sites for the construction of offshore wind energy plants can be found in §§ 10-15 WindSeeG 2020.
The designated surfaces in the special development plan are auctioned through the tendering procedure (§ 17 WindSeeG 2020).
Wind onshore:
In Germany, regional authorities are responsible for developing spatial planning strategies, where special areas for onshore wind energy may be specified. (ROG 2007). Wind energy is defined as onshore if built on land or up to 12 nautical miles from the coast in the sea. In the process of defining the sites, multiple interests must be considered (i.a. landscape plan, nature protection issues) (§ 35 par. 3 BauGB 2017). Federal States can also define minimum distances (at most 1 kilometer) to residential areas (§ 249 BauGB 2017). If existing, the municipal land use plan (Flächennutzungsplan) or the local development plan (Bebauungsplan) must be adapted regarding the designated area for wind energy.
For solar energy:
Ground mounted PV systems must only be built on sites specifically designated in the local land use plan (Flächennutzungsplan) as “Sondergebiet Solar” and thus need to be designated in the local development plan (Bebauungsplan) of the municipality (§ 32 EEG 2021). Ground mounted PV systems are further supported in areas where conflicts with agricultural production can be avoided (e.g. in proximity to motorways, on landfills, conversion areas) (§§ 37 and 48 EEG 2021).
No special procedure is required by law for PV systems on buildings.

For wind offshore: The federal authority for maritime navigation, Regional Governments and the Federal Grid Agency
For wind onshore and solar energy: Federal States (Bundesländer) and regional authorities (Regional Planning Cooperatives and Municipalities)