Möglichkeiten und Grenzen der landesplanerischen Steuerung des Windenergieausbaus

The expansion of onshore wind energy is faltering. The federal states, which can control the expansion through goals and principles in state-wide spatial plans, have a share in this. The study shows that the associated restriction of the freedom to build is subject to the principle of proportionality as a content and limitation provision of property. Based on the system of spatial control of wind energy in the BauGB (Federal Building Code). and ROG (Regional Planning Act), a substance requirement for the use of wind energy in outdoor areas is derived from the privilege in § 35 para. 1 No. 5 BauGB. On the basis of the specifications in state-wide spatial development plans, it is evaluated to what extent protective goods, such as immission control or acceptance, can be used as justification.