Regional Planning for Wind Energy
The regional plans (Regionalpläne) of the German federal states determine where wind energy is permissible. Three instruments shape wind turbine siting: priority areas (Vorranggebiete), concentration zones (Konzentrationszonen), and suitability areas (Eignungsgebiete). The WaLG reform has fundamentally changed how these instruments operate.
The Three Planning Instruments
| Instrument | Effect | Status 2026 |
|---|---|---|
| Vorranggebiet (Priority Area, regional plan) | Wind turbines have priority; conflicting projects are excluded | Primary instrument for active wind promotion |
| Konzentrationszone (Concentration Zone, municipal land-use plan) | Wind turbines permitted inside; exclusion effect outside | Effectiveness tied to WaLG compliance |
| Eignungsgebiet (Suitability Area, regional plan) | Wind turbines permitted there; excluded elsewhere | Combines steering and exclusion effect |
| Ausschlussgebiete (Exclusion Areas) | Wind turbines generally prohibited (nature reserves, residential, military) | Standard filter in the planning process |
The WaLG Reform — What Changed
Before WaLG:
- Municipalities could effectively steer wind development through concentration zones
- Outside the zones: wind turbines generally impermissible (exclusion effect)
- Prerequisite: “substantial space” (substantieller Raum) for wind in the plan
With WaLG (since 2023):
- Each federal state must designate 2.2% of its land area for wind by 2032
- If the area target is missed: the exclusion effect of concentration zones lapses
- Wind turbines may then be erected outside the designated zones, provided they are otherwise privileged
- Creates strong pressure for rapid area designation — and acceleration for project planners
How a Site Enters Regional Planning
- Potential analysis by the planning association or state authority: wind resource, protected areas, setbacks, infrastructure
- Consultation with public authorities (Träger öffentlicher Belange): nature conservation, landscape planning, water management, transport
- Public participation: plan disclosure with objection period
- Balancing of interests (Abwägung): all submitted concerns are weighed against each other
- Resolution by the regional planning association + state approval
- Binding effect: the plan is binding on authorities but subject to judicial review
Litigation Risks
Regional plans are frequently challenged by environmental organizations or residents:
- Allegation of insufficient “substantial space” for wind
- Allegation of excessive exclusions (e.g. taboo zones drawn too broadly)
- Allegation of inadequate balancing with nature conservation interests
Successful challenges do occur — consequence: the regional plan becomes at least partially void, which in the concentration-zone model also eliminates the exclusion effect. This significantly slowed wind energy expansion in the 2010s.
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Get in touchCommon Questions
What does “substantial space” mean?
A judicially unresolved concept. Rule of thumb: at least 1–2% of the total regional area designated for wind. Significantly less creates a risk of judicial annulment.
Can municipalities set their own minimum setbacks?
To a limited extent — within their local planning authority, yes. However, the WaLG has significantly curtailed municipal steering power.
Does this apply in Bavaria (10H rule)?
Bavaria has enshrined its 10H rule (10× total height as minimum setback) in state law. The WaLG could override it if Bavaria misses its area target — current status: behind schedule. Legal practice in 2026 is still being clarified.