Revolution in the district: Private wind turbines are now legal outdoors!

Revolution in the district: Private wind turbines are now legal outdoors!

In a landmark decision, the Rhineland-Palatinate Higher Administrative Court recently decided that private small wind turbines can be built outdoors even if they are not used to feed electricity into the public grid. This means that residents in the Altenkirchen district now have the opportunity to apply for preliminary building permits for such systems, regardless of their use for energy supply.

The Altenkirchen district had previously banned the construction of four small wind turbines that reach a height of 6.5 meters because they were not intended for public electricity supply. However, the court rejected the district's appeal and obliged it to issue the preliminary building permit. The reasons for the judgment emphasized that the construction of small wind turbines must be viewed as an environmentally friendly and resource-saving project.

Privileging of small wind turbines

The court also emphasized that small wind turbines are considered a privileged outdoor project under building law. The decision, made on April 4, 2024, recognizes that these systems serve the use of renewable energy, even if they are intended exclusively for self-consumption. This is in line with the legislator's efforts to promote the importance of renewable energy sources.

In another case, which was dealt with by the Trier Administrative Court, a couple wanted to build a 24 meter high small wind turbine in Naurath/Wald. The municipality refused approval due to the distance to neighboring residential buildings being too small. The Higher Administrative Court ultimately overturned the administrative court's ruling and ordered the case to be re-examined because discrepancies were found in the land use plan.

Reactions and outlook

The husband of the plaintiff couple said that all the necessary documents for the construction of the wind turbine had been submitted and they were now waiting for the result of the re-examination. The system was originally planned to generate electricity since 2019. The Higher Administrative Court's decision could now serve as a precedent for similar construction projects in the region and encourage residents to invest in renewable energy.

The decision would be of great importance in the future in terms of planning security for private individuals who are looking for environmentally friendly solutions in their own garden. The development and approval of small wind turbines should therefore also be viewed as positive in the context of the energy transition.

The Rhineland-Palatinate Higher Administrative Court has thus sent an important signal and significantly liberalized the legal framework for the construction of private wind turbines chip reported. These decisions could potentially act as a catalyst for the use of wind energy in residential areas.