The planned wind turbines in the Ebersberg Forest could now come faster than previously planned. At the end of last week, the Bundestag and Bundesrat approved an amendment to the Federal Nature Conservation Act, according to which wind turbines are then permitted in landscape protection areas – one such as the majority of the Ebersberg forest. This decision has an accelerating effect on the milestones that are planned for the district in terms of wind power in the forest, as Friederike Paster, head of the “Construction and Environment” department in the district office, explained at the recent meeting of the district environmental committee (ULV).
Work has actually been going on for some time to amend the landscape protection area ordinance. Because without such a change, the construction of wind turbines in the Ebersberg Forest would not be possible – that was the previous legal basis. In order to change the ordinance, an environmental report is required, which is part of the so-called strategic environmental assessment (SEA) currently being carried out. In July, an investigation framework should be defined for this, which defines the affected geographic areas and protected assets, as Friederike Paster said in the committee. Neighboring communities, bodies responsible for public affairs, environmental organizations and citizens’ associations should also be involved in this step. In August and September, the intention was to evaluate the statements and, if necessary, to adjust the scope of the investigation. The environmental report should then be prepared from October to January 2023.
The commissioned planning office only wants to settle the costs incurred so far
“I suspect that we will have another new law in July,” Paster said. “And if this change comes, then the change in the regulation will also be obsolete” – and accordingly all the measures that would have been necessary for it. She has already spoken to the environmental and landscape planning office Bosch & Partner, which is commissioned to draw up the SEA. There were accommodating signals from there: They only wanted to charge for the costs incurred up to the termination of the process.
Since the most recent meeting of the ULV took place shortly before the groundbreaking decisions in Berlin, the committee members agreed on a preliminary resolution on the recommendation of Friederike Paster: If the Bundestag and Bundesrat decide to allow wind turbines in landscape protection areas, the district does not need an amendment procedure Landscape protection area ordinance more – the current procedure and the planned further measures to change the ordinance would thus be terminated.
This will now also happen as soon as the new Federal Nature Conservation Act has been submitted to the Federal President for signature and then officially promulgated in the Federal Law Gazette. The law is to come into force immediately the following day, as stipulated by the Federal Council called.