Permitting · § 34 BNatSchG · Natura 2000 Protection

FFH Assessment for Wind Turbines

Required when located in or near FFH/bird protection areas · Conservation objectives · Screening or full assessment

The FFH assessment (FFH-VP) examines whether a project is compatible with the conservation objectives of a Natura 2000 site. It is an independent procedure under § 34 BNatSchG, carried out parallel to or following the BImSchG permit.

FFH and Bird Protection Areas in German Nature Conservation Law

Natura 2000 is the European protected area network with two pillars:

FFH areas (Habitats Directive 92/43/EEC) — protection of habitat types and species of Annexes I + II
Bird protection areas (Birds Directive 79/409/EEC resp. 2009/147/EC) — protection of wild bird species

Both have their own conservation objectives (species-specific and site-specific), which are specified by national ordinances.

FFH Screening vs. Full Assessment

Stage	When?	Scope
FFH Screening	WTG in or near FFH area, but conservation objectives possibly unaffected	Compact assessment per conservation objective; possible negative certificate
FFH Full Assessment	Significant impact on conservation objectives cannot be excluded	Comprehensive compatibility study, often spanning multiple seasons
Derogation procedure per § 34 para. 3	Full assessment concludes "not compatible", but compelling reasons + no alternatives + coherence measures	Approval still possible, but very rarely successful

FFH assessment cascade: 3 stages — screening, compatibility assessment under § 34 BNatSchG, derogation procedure under § 34 para. 3

FFH assessment cascade — from screening to derogation under § 34 BNatSchG

Trigger Distances — When Is an FFH Assessment Required?

Within the FFH area: FFH assessment always required (screening at minimum)
Directly at the FFH area boundary: FFH assessment due to direct impact
Within the functional range of conservation objectives: e.g. bird species with large territories (red kite, black stork, white-tailed eagle) — up to 6 km distance
Coherence areas: where conservation objectives have interactions with neighbouring sites

Contents of the Full Assessment

Site characterisation: catalogue all conservation objectives of the FFH area
Impact prognosis of WTG construction and operation on each conservation objective individually
Significance assessment: for each objective — is conservation endangered?
Cumulative effects with other plans/projects in the area
Mitigation measures: shutdown periods, seasonal restrictions, turbine positioning
Final assessment: compatible / not compatible

Stricter than a normal EIA: While the EIA makes an overall assessment of all protected interests, the FFH assessment checks each individual conservation objective. A single incompatible objective makes the entire project subject to rejection — therefore the FFH assessment is often the more dangerous path in the procedure than the EIA.

Costs

Guide value EUR 8,000–40,000. Key factors:

FFH screening (compact): EUR 4,000–10,000
Full assessment with cartographic surveys: EUR 15,000–30,000
Full assessment with own breeding/resting bird survey (1–2 seasons): EUR 25,000–60,000
Derogation procedure with coherence measures: additionally EUR 30,000–80,000

Who Prepares the Assessment?

Environmental planning / nature conservation firms with FFH experience. Important: regional experience with the conservation objectives of the specific sites + calibrated methodology by federal state (e.g. NRW: LANUV methodology, Brandenburg: LfU).

Commission an FFH assessment

We connect you with a specialist firm with regional FFH experience — ideally combining the species protection assessment and landscape management plan under one roof.

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Frequently Asked Questions

What is the difference between an FFH assessment and a species protection report?

Both examine birds and other species, but under different legal bases. The species protection assessment under § 44 BNatSchG checks individual killing and disturbance prohibitions. The FFH assessment under § 34 checks site-specific conservation objectives. Both may be required — the requirements differ.

How long does a full FFH assessment take?

If own surveys are needed: 1–2 breeding seasons + assessment phase, total typically 18–30 months. With existing data: 4–8 months. For repowering, the timeline can be shortened if data from the existing turbine is available.

Is the authority bound by the FFH assessment conclusion?

Yes — if the full assessment finds "significantly impairing", the authority must deny the permit unless the derogation procedure (§ 34 para. 3 BNatSchG) is successfully completed.

What are "compelling reasons of overriding public interest"?

Since the WaLG (2022) and § 2 EEG, wind energy has been classified as being of "overriding importance" — this eases the derogation procedure. However, the hurdle remains high: the absence of alternatives must be demonstrated and coherence must be secured in another area.