When the “disco effect” slows down the expansion of wind power

Wind turbines in Brandenburg during an evening thunderstorm

The federal state wants to interpret nature conservation regulations very narrowly.

(Photo: dpa)

Berlin The federal government has set a clear goal: the construction of wind and solar parks should proceed as quickly as possible. So decided in the so-called Easter package. According to the legal definition, the expansion of renewable energies is now “in the overriding public interest” because it serves public safety.

But not all federal states are impressed by this. On the contrary: They interpret the regulations on nature and monument protection particularly narrowly when approving wind farms.

A current example from Brandenburg is causing a stir in the wind industry. The companies, including Enertrag, Notus, Nordex and WPD, accuse the state of not adhering to federal guidelines. In a joint appeal, they demand a correction from the state government.

The trigger for the criticism is the draft of a decree by the Brandenburg Ministry of the Environment together with a comprehensive appendix, which is intended to regulate the interpretation of the Federal Nature Conservation Act on animal and plant protection. The planned interpretation decree is dedicated to the protection of individual bird species, such as the marsh harrier, in considerable detail.

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For example, the draft states that wind turbines in the vicinity of marsh harrier nests are a nuisance because the shadow cast by the rotor blades causes rhythmic interruptions in the moonlight, which the paper calls the “disco effect.”

Brandenburg distinguishes different types of public interest

The draft of the decree also makes it clear how seriously the “overriding public interest” in the construction of wind turbines is taken: Wind turbines initially serve the economic interests of companies or private individuals, it says. At the same time, the construction of wind turbines serves “an overriding public interest”.

Structure of a wind turbine

The federal government is lagging behind on its targets for wind power.

(Photo: imago images/Werner Schmitt)

However, the concept of “overriding” public interest is not to be equated with “overriding” public interest within the meaning of the Federal Nature Conservation Act. In particular, the outstanding public interest in renewable energies does not per se claim priority over other concerns, the draft clarifies.

As a result, particularly strict rules should apply in Brandenburg in the three distance categories that the legislator defines for the occurrence of breeding bird species at risk of collision. For example, no wind turbine should be possible in the “nearby area”.

However, the wind farm industry points out that this is possible under federal law within the framework of an exception under species protection law. In addition, individual occurrences of more widespread species should lead to large-scale exclusion areas for wind turbines.

“Every line of the draft reveals a negative attitude towards wind energy,” complains an industry manager who asked not to be named. The industry appeal states that if the plans are not corrected, there will be long approval and lawsuits. “Another blockade instead of simplifying and accelerating the expansion of wind energy would be the inevitable consequence,” says the appeal.

When asked, the Brandenburg Ministry of the Environment stated that the application decree was necessary because the federal regulations had changed and some of the vague legal terms contained therein had to be clarified for implementation in Brandenburg. However, the decree is currently being processed.

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Written objections would still be evaluated. The aim is to accelerate the approval process for wind turbines “and at the same time to comply with and implement the species protection regulations that are also anchored in European law”. The Federal Ministry for the Environment explained that the federal states are bound by the Federal Nature Conservation Act and are responsible for its implementation. We are in exchange with the countries. “We advocate the most uniform application of the law possible” so that an acceleration effect in wind energy expansion can be achieved, said a spokeswoman.

Overall, however, the goal of faster and more efficient approval procedures is still a long way off, according to the wind industry. “Our operators are familiar with procedures that usually last four to six years,” criticizes Hermann Albers, President of the German Wind Energy Association.

“We’re a long way from the campaign target of six months,” he said. A liberation was needed “to finally solve the long-known problems in the proceedings”.

More: Profit skimming plans split renewables industry.

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