The opening clause for wind energy in §245e (5) BauGB – planning options for municipalities (available only in German)

“The expansion of wind energy required in view of the energy transition has a significant impact on building planning law. Above all, the legal situation surrounding the newly created Section 245e of the German Federal Building Code (Baugesetzbuch – BauGB) is in flux. This regulation, which came into force for the first time on February 1, 2023, on the basis of the law to increase and accelerate the expansion of wind energy plants of July 20, 2022, and has since been amended several times, is structurally shifting the designation of wind energy areas from the municipal to the regional planning level. In particular, in conjunction with the newly established system of land contribution values, this had the undesirable side effect that it was legally almost impossible for communities willing to plan to designate wind energy areas independently.”