Lawyer Jürgen Busse advised the Riedenburg city councilors as well as the main office manager Kristina Heil (left) and Mayor Thomas Zehetbauer via video transmission during the city council meeting on the wind power problem. Photo: Rest
Riedenburg – The Berlin legislature has given the municipalities a deadline of February 1, 2024 to draw up their own partial land use plans for the expansion of wind power. “It’s not possible,” emphasized Jürgen Busse. The lawyer took part in the meeting of the Riedenburg City Council via video transmission. Busse pleaded unequivocally for Riedenburg to join the regional planning association Regensburg in the development of wind power in the area of the greater community.
The expert in administrative law identified a “considerable backlog in renewable energy”, which also resulted from the shutdown of nuclear power plants. That is why the federal government makes clear specifications as to how much area is entitled to the development of wind power and builds up time pressure (see own report). However, since there are 2,056 towns and communities in Bavaria alone, the regional planning associations – of which there are 18 in the Free State – should take care of solving the problem quickly. “The municipalities were completely surprised by the federal guidelines,” said Busse, complaining about a “muddle of legal regulations that is inscrutable even for lawyers”. From July 1st, the Bavarian 10 H rule will also be history.
Thanks to the new legislation from Berlin, every operator of wind turbines will be privileged in the future and can basically “build where they want”. If a community wants to prevent a wind turbine, they have to “put forward serious arguments – and for that you need expert opinions”. In principle, certain areas could no longer be excluded from the use of wind power. But the municipalities would still have a say in sensitive areas and in the vicinity of the facilities for residential development. The TA Noise is still setting up a limit, which means a minimum distance of 1000 meters between the rotating rotors and human dwellings.
According to Busse, wind farms with five to six turbines should now be built. Each currently costs around six million euros, and he put the maximum height at 260 meters.
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