Wind-on-Land Act (WaLG)

The WaLG (in force since February 2023) obliges all German federal states to designate 2.2% of their land area for wind energy by 2032. Any state that misses the target loses its ability to steer via concentration zones — wind turbines may then be erected outside the designated areas as well. This creates strong pressure for area provision.

Area Targets per Federal State

Current Compliance Status (as of 2026)

Values are estimates based on state government reports and the BfN area monitor.

Relationship to Auction Volumes

More designated area does not automatically translate into more auction volume in the same year — between area designation, the BImSchG permit, and participation in an EEG auction, several years typically pass in practice. The WaLG therefore works mainly over the medium to long term: areas designated today usually only increase the actually realizable project volume some years later, while the Bundesnetzagentur aligns its auction volumes more short-term with the permitting pipeline of the currently designated area base. For developers this means a newly designated area is the first link in a multi-year chain, not an immediate bidding opportunity.

Interaction with State Regional Planning

The WaLG sets the quantitative framework but deliberately leaves the concrete spatial implementation to the states’ regional planning. This division of tasks explains why compliance levels differ so widely between states: states with established, long-running regional planning procedures (such as Brandenburg or Mecklenburg-Vorpommern) were able to build on existing planning structures, while states with a traditionally more restrictive area policy (for example through blanket minimum-setback rules such as Bavaria’s 10H rule) first had to fundamentally revise their planning procedures before any new areas could be designated at all.

Sanctions for Non-Compliance

If a federal state misses its area target:

• Exclusion effect of concentration zones lapses: wind turbines may be erected outside the designated zones, provided they are otherwise eligible for a permit
• Blanket minimum-setback rules are suspended: e.g. Bavaria’s 10H rule (10× total height) could become void in Bavaria if the area target is not met
• This gives the WaLG a strong acceleration effect for project planners — even in restrictive federal states

Legal Background: WindBG and WaLG Together

“Wind-on-Land Act” is the common shorthand for a legislative package whose core piece is formally the Wind Energy Area Requirement Act (WindBG). It sets the federal and state-specific area targets and was passed alongside amendments to the Federal Building Code and the Federal Nature Conservation Act (including the new § 45b, see § 45b BNatSchG). These three building blocks — the area target, adjusted planning law, and standardized species protection — were deliberately passed as one package because they depend on each other: an area target alone, without simplified species protection, would have achieved little in practice, since permitting for the newly designated areas could still have failed on the same species-protection hurdles.

European Legal Framework

The WaLG sits within the context of the EU Renewable Energy Directive (RED III), which requires member states, among other things, to accelerate permitting procedures and designate so-called renewables acceleration areas. Germany chose an independent, nationally tailored path with the WaLG that aligns with the European objectives without adopting the acceleration areas foreseen there one to one. For developers with cross-border portfolios, it is relevant that neighboring EU member states have implemented the RED III requirements differently — a direct comparison of permitting speed between countries should therefore be treated with caution.

Monitoring and Reporting Obligations

Compliance with the area targets is tracked through annual monitoring involving the Federal Agency for Nature Conservation (BfN) and the states. The results feed into publicly available area-monitor reports that document the current designation status per federal state. For developers, these reports are an important planning basis, because the trend — not just the snapshot value — indicates whether a state is likely to meet its interim target or whether a suspension of the exclusion effect should be expected.

WaLG Simplifications for Repowering

• 1:1 repowering: simplified procedure, reduced procedural depth
• Existing data from the old turbine can be reused
• Impact assessment in the landscape management plan (LBP) is mitigated by the dismantling credit
• Permit risk for repowering significantly lower than for greenfield projects

Common Questions

Are existing wind areas counted toward the target?

Yes — existing concentration zones + priority areas + suitability areas count toward the 2.2% quota, provided wind projects are actually permissible there.

What happens with interim non-compliance?

The WaLG sets interim targets (2027). If a state fails to meet its interim target by the deadline, the suspension of the exclusion effect takes effect automatically.

Are city-states affected?

Yes, with reduced targets (0.5%). In practice, this is barely relevant as city-states have almost no viable wind turbine sites.

Can a federal state exceed its area target?

Yes, the WaLG defines a minimum target, not a ceiling. States with strong wind potential and political support can designate beyond the target band without any legal issue.

How does the WaLG relate to pending lawsuits against regional plans?

A pending lawsuit against a single regional plan does not directly affect the WaLG’s federal target. However, if the regional plan is declared invalid, the affected state’s calculated designated area allowance can temporarily decrease, which then affects its compliance status.