The exceptions of 10H do not go far enough for the opposition. Planners and the economy also doubt that the draft can advance the construction of wind turbines as announced by the state government.
If Prime Minister Markus Söder and Building Minister Christian Bernreiter (both CSU) have their way, the new Bavarian wind power law will make 800 new wind turbines possible in Bavaria in the medium term. In doing so, the state government wants to meet the requirements of Federal Energy Minister Robert Habeck (Greens), according to which Bavaria must make 1.8 percent of its state area available for wind power by 2030 without completely abandoning the controversial 10H distance rule. But the new wind power law does not go far enough, not only for the opposition and environmental groups. Architects, engineers and large parts of the economy are also very dissatisfied with it. This shows a whole range of opinions on the draft.
The Association of Energy and Water Industries (VBEW) doesn’t think much of “country-specific distance rules” like 10H. The conversion of the energy supply is a national task. State rules weaken the “urgently needed solidarity and acceptance of the necessary measures by citizens living in the various federal states”. In addition, the exemptions in the new law show that the state government “continues to view the use of wind power as a necessary evil from which citizens must be protected as best as possible”. According to its chairman Klaus Steiner, the VBEW considers this attitude “wrong”.
The Bavarian Chamber of Architects, the Association of Municipal Entrepreneurs and the Stadtwerke München do not believe in the fact that the state government is sticking to the 10-H specification and only wants to allow exceptions to it. Instead, they demand that the regional planning associations set priority areas with binding area specifications in their regional plans and weigh up economic concerns, ecological aspects and the effects on the landscape in equal measure. Like the Association of German Machine and Plant Manufacturers, they also doubt that the Free State will achieve the goal it has set itself of an additional 800 wind turbines with the planned exception rules.
The association of cooperatives and the association of landscape architects meanwhile criticize the fact that Bernreiter’s draft law does not entitle residents to a financial participation in the wind turbines. In the past it has been shown again and again that such a balance promotes the acceptance of the systems enormously. The Association of Landscape Architects is even demanding a lower limit of one thousand euros for such a participation, so that those on low incomes are not disadvantaged.
The state’s new wind power law provides for six exceptions to the 10-H rule. These include motorways, forests, commercial areas or areas where wind turbines are already in place. Everywhere else, according to the will of the CSU, the 10-hour target should remain. It states that the distance between new wind turbines and the nearest town must be at least ten times the height of the system. With modern wind turbines, this is at least two kilometers. The specification is considered the main reason why wind power has not progressed in Bavaria for years. In 2021 not a single planning application for a wind turbine was submitted in Bavaria.