Permitting ground-mounted solar — what changed with Solar Package I
In short: Since Solar Package I (in force on 16/05/2024), ground-mounted solar installations along motorways and double-track railway lines within a distance of up to 200 metres are privileged under § 35 (1) BauGB (German Federal Building Code). Within the corridor this replaces the previously customary Bebauungsplan (local development plan) procedure with a simple building permit — and the municipality can no longer block the project by refusing to adopt a local development plan.
The legal change at a glance
| Before Solar Package I | With Solar Package I (since 16/05/2024) |
|---|---|
| Open land in the outlying area (Außenbereich) not privileged | Privileged within the 200-m corridor along a motorway / double-track railway (§ 2b AEG) |
| Local development plan procedure with municipal council resolution | Simple building permit from the building authority |
| Municipality can block | Entitlement to a permit once the requirements are met |
| Typical duration 18–36 months | Simplified, duration depends on the authority and the state of the expert reports |
Sources: landverpachten.de, GÖRG.
Who benefits — and who does not
The privilege applies only to land within the 200-m corridor along qualifying transport routes. Outside this corridor, the previous route remains:
- Local development plan procedure via the municipality, the classic land-use planning procedure with public participation.
- Conversion sites (Konversionsflächen): often in the advantaged auction segment of the EEG auction.
- Disadvantaged agricultural land (benachteiligte Flächen): opened up by state-level ordinance.
Requirements for the privilege
- Site within the 200-m line alongside a federal motorway (Bundesautobahn) or a double-track railway of the higher-level network (§ 2b AEG).
- No conflicting public interests — in particular nature/landscape conservation, water management, monument protection, traffic safety.
- Assessment of spatial significance (Raumbedeutsamkeit) and compatibility with the objectives of spatial planning.
- Development under building planning law secured (access road, grid connection).
The municipality no longer has to give its consent, but it retains participation rights in safeguarding public interests.
Which expert reports are typically required
- Species protection technical report (Artenschutz-Fachbeitrag): ground-nesting birds, insects, reptiles — methodology under species protection report.
- Landscape impact plan (LBP): where there are interventions in nature and the landscape.
- Soil report / subsoil: for the foundations.
- Water-management interests: in water-sensitive areas.
- Glare report: where transport routes or residential development lie within reflection range.
- EIA screening (UVP-Vorprüfung): from certain size thresholds or in sensitive locations — see EIA screening.
Ground-mounted solar permitting — Solar Package I, permitting routes and overview of expert reports
Frequently asked questions
What counts as a "double-track railway line of the higher-level network"?
Lines covered by § 2b AEG (German General Railways Act), i.e. supraregional main lines of DB Netz AG. Branch lines are not covered, and freight-only lines generally are not either. When in doubt: ask the authority.
What about § 35 (1) No. 5 BauGB (general privilege for renewables)?
The general renewables privilege applies to wind, not to ground-mounted PV. For ground-mounted PV it is precisely the above-mentioned No. 8 lit. b BauGB that is the relevant new privilege.
Can a municipality "override" the privilege?
It can bring public interests into play or steer sites through land-use planning via the local development plan. However, a complete blockade within the corridor is legally difficult, because the applicant has a legal entitlement to a permit.