Legal and Economics of Wind Energy
Wind energy projects in Germany rest on four legal pillars: the EEG (remuneration), BNatSchG (nature conservation), the Wind-on-Land Act (land allocation), and BImSchG (permitting). This section covers the first three — permitting is addressed in the Permitting section.
Remuneration and Market Law
EEG 2024 / 2025
Section 2 EEG — wind energy as an “overriding public interest,” auction mechanism, reference value.
EEG Auctions
BNetzA auctions for onshore wind — dates, ceiling prices, bidding strategy.
Market Premium
How the EEG market premium is calculated: reference value minus monthly market value.
PPA — Power Purchase Agreements
Bilateral direct contracts, frequently used for re-financing after the EEG funding period ends.
Land and Nature Conservation Law
Wind-on-Land Act (WaLG)
2 % of federal territory for wind — area targets per state, penalty consequence: privileged siting in outer areas.
Section 45b BNatSchG
Standardised exclusion zones for 15 collision-prone species, simplified exemption procedure.
Section 35 BauGB — Privileged Siting
Privileged in outer areas, provided in a concentration zone or under WaLG provisions.
Regional Planning
Priority, suitability and concentration zones — how regional planning prepares or excludes sites.
Participation and Contracts
Community Wind & Participation
Participation models and state laws (e.g. Mecklenburg-Vorpommern, Brandenburg, NRW from 2025).
Lease and Land-Use Agreements
With landowners, rights of way, cable corridors, voltage easements.
Financing
KfW programmes, project finance, equity structures, community bonds.
Decommissioning Reserves
Mandatory performance bond for later turbine dismantling — how much, when to set aside.
Legal and economics of wind energy — regulatory framework and support at a glance
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