BImSchG Procedure for Wind Turbines
Every wind turbine with a total height exceeding 50 m requires an immission control permit under the 4th BImSchV (Annex 1 Nr. 1.6). Which procedure applies depends on the number of turbines at the site.
§ 19 — Simplified Procedure (Column V)
For 1–19 WTGs with total height > 50 m at the same site.
- Permit deadline: 3 months from complete application
- Public participation: none
- Hearing: none
- EIA: site-specific screening (S) for 3–5 WTGs, general screening (A) for 6–19
- Required documents: noise prognosis, shadow flicker, structural safety, species protection screening, LBP, ice throw (if applicable), visualization (if applicable)
- Real timeline: 4–8 months (including expert reports and authority communication)
§ 10 — Formal Procedure (Column G)
For 20 or more WTGs at the site — or voluntarily when a full EIA is required.
- Permit deadline: 7 months from complete application (real timeline often 12–24 months)
- Public participation: yes, with public display and objection period
- Hearing: usually yes
- EIA: full EIA per UVPG with environmental impact study (UVS)
- Required documents: all reports from the simplified procedure + UVS + FFH assessment + extended LBP + specialist reports where applicable
- Real timeline: 18–36 months
Comparison at a Glance
| Aspect | § 19 simplified | § 10 formal |
|---|---|---|
| Number of WTGs | 1–19 | 20+ |
| Permit deadline | 3 months | 7 months |
| Real timeline | 4–8 months | 18–36 months |
| Public participation | no | yes |
| Hearing | no | yes |
| EIA | S or A screening | full EIA |
| FFH assessment | only near protected areas | regularly required |
| Litigation risk | low | higher (BUND/NABU/residents) |
Required Application Documents
- Turbine master data (type, height, capacity, manufacturer certificates)
- Site plan + layout plan + land registry extracts
- Acoustic emission prognosis + noise protection report
- Shadow flicker report
- Species protection assessment with avifaunal and bat surveys
- Landscape management plan (LBP)
- Visual impact assessment (photo-montages from 6–12 representative viewpoints)
- Ice throw report where traffic routes/residential buildings lie within throw range
- Structural stability report
- Fire safety concept
- Formal procedure only: environmental impact study (UVS)
- Near protected areas: FFH compatibility assessment
Who Decides?
The competent authority varies by federal state:
- Bavaria: Landratsamt (district office) / independent city
- NRW: Bezirksregierung (district government — Duesseldorf, Muenster, Cologne, Detmold, Arnsberg)
- Lower Saxony: Landkreis (county) — Staatliches Gewerbeaufsichtsamt (state trade supervisory office) co-reviews
- Baden-Wuerttemberg: Landratsamt
- Schleswig-Holstein: LLUR (State Agency for Agriculture, Environment and Rural Areas)
- Brandenburg: LfU (State Environment Agency)
- ...varies by federal state
Critical Path
In most projects the bottleneck is not the authority but the species protection assessment — breeding bird surveys run March–August, bat surveys April–October, often spanning two full seasons. Plan this early.
BImSchG procedure for wind turbines — Simplified (§ 19) vs. Formal (§ 10) overview
Application planning for your wind farm?
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Get in touchFrequently Asked Questions
What if the authority misses the deadline?
The deadline per § 10 Abs. 6a / § 19 BImSchG is a "should" deadline (Soll-Frist). If it is exceeded, the applicant can file an inaction lawsuit (Untaetigkeitsklage, § 75 VwGO) — after 3 months without justification. In practice, delays are common and lawsuits are rare.
Can a simplified procedure be upgraded to formal?
Yes — if an EIA obligation is established during the procedure, or if the applicant voluntarily opts for public participation (e.g. to increase legal certainty). Also, if 20 WTGs are applied for in a "staggered" fashion, the authority may treat all applications as a single formal procedure.
How high is the fee?
Varies significantly between federal states: in the range of 0.5–2 % of the investment sum, typically EUR 10,000–50,000 per turbine in the formal procedure, significantly less in the simplified procedure. Plus expert report costs (separate).
Repowering — simplified or formal procedure?
The same logic as a new build applies: the number of new WTGs plus protected area status determine the track. For 1:1 repowering (same location, same number of turbines), the WaLG (2022) provides procedural simplifications — some expert reports can be carried over from the existing permit, public participation may be shortened.