Ground-Mounted Solar PV Systems Approval: Site Assessment Criteria in Germany

When evaluating sites for ground-mounted photovoltaic (PV) systems in Germany, various criteria are considered, which are divided into different categories. These categories include exclusion criteria, restriction criteria, and promotion criteria. Each category contains specific criteria that determine the suitability of an area for installing ground-mounted PV systems.

Key Points at a Glance

• Criteria Categories: The evaluation of sites for ground-mounted PV systems is based on exclusion, restriction, and promotion criteria, which consider environmental protection, land use, and government funding opportunities.

• State-Specific Features: Each federal state has specific guidelines and requirements, such as the protection of landscapes, moors, and the promotion of biodiversity-friendly projects.

• Simplified Approval: Since 2023, PV systems in outdoor areas along highways and railway lines have been subject to simplified approval procedures, promoting their development.

Exclusion Criteria for Ground-Mounted Systems

Exclusion criteria are conditions under which an area is fundamentally not suitable for ground-mounted PV systems. These criteria protect sensitive environmental areas and ensure that the installation of PV systems does not negatively impact protected habitats or landscapes. For certain areas, a building permit is also required to ensure compliance with all regulatory requirements. Examples of exclusion criteria include:

• Natura 2000 Sites: Protected areas according to EU directives for preserving endangered habitats and species.

• Nature Conservation and Landscape Protection Areas: Areas that enjoy special protection under national laws.

• Watercourses and Water Protection Strips: Areas along rivers and lakes that are essential for protecting the water system.

• Flood Areas: Areas that are particularly vulnerable to flooding and therefore cannot be built upon.

• Forest and Tree Stands: Forests and larger tree stands are generally excluded from use.

• Legally Protected Biotopes and Natural Monuments: Areas of special ecological or cultural significance.

• Settlement Areas: Especially densely populated areas are unsuitable for large-scale PV systems.

Restriction Criteria

Restriction criteria are conditions that allow land use for ground-mounted PV systems under certain prerequisites but require detailed case-by-case examination and a comprehensive approval process. These criteria may restrict the installation of PV systems or require additional measures to ensure compatibility with other uses or protection regulations.

Restriction Areas II: Rather Unsuitable

These areas require individual assessment as they are potentially suitable but must meet specific conditions. Examples include:

• Agricultural Priority Areas: Areas primarily reserved for agriculture.

• Grassland Management: Absolute grassland that serves as a production basis for fodder farming operations.

• Ecologically Valuable Areas Without Protection Status: Areas of high ecological significance that do not have formal protection status.

• Ground-Mounted PV Systems: In North Rhine-Westphalia, nature conservation criteria must be met when approving ground-mounted PV systems. Operators must comply with at least three of five introduced criteria, while strict protected areas under the Federal Nature Conservation Act are exempt to ensure nature protection.

Restriction Areas I: Only Conditionally Suitable

These areas are fundamentally suitable but subject to certain restrictions, requiring detailed case-by-case examination. Due to the higher (financial) effort required for examining and developing a solar park on these areas, many project developers still shy away from leasing such areas:

• Priority Areas for Peat Conservation: Areas serving to preserve peat landscapes and requiring climate-friendly management methods.

• Moors: Low moors and high moors that function as important CO₂ storage.

• Valuable Areas for Guest and Breeding Birds: Areas of high importance for certain bird species.

• Areas Meeting Requirements for Landscape Protection Designation: Areas that could potentially fall under landscape protection.

• Landscape Units of High Significance: Particularly valuable landscape areas that shape the landscape.

According to the Federal Building Code (BauGB), certain projects, such as the use of areas along highways and railway lines for photovoltaic systems, can be facilitated without requiring a development plan.

Promotion Criteria

Promotion criteria refer to areas that are particularly suitable and can be considered for the installation of ground-mounted PV systems under government funding programs. These areas are often located near existing infrastructure such as highways or railway lines and offer high potential for efficient use. Since January 1, 2023, PV systems in outdoor areas are privileged under § 35 Abs. 1 Nr. 8 b) BauGB under certain conditions, particularly along highways or railway lines, through outdoor area privileges, meaning that construction is no longer dependent on a development plan.

Overview of Criteria

State-Specific Criteria

Each federal state in Germany has specific requirements and guidelines for ground-mounted photovoltaic systems that consider both general protection measures and regional particularities. In many cases, a building permit is required, with regulations varying among federal states. The following criteria have been summarized based on available guidelines and handouts:

• Baden-Württemberg: Focus on protecting nature reserves and strict requirements for compliance with landscape protection guidelines.

• Bavaria: Clear regulations for site selection with particular attention to agricultural land and ecological design.

• Brandenburg: Special provisions for landscape protection areas and requirements for moor PV and agri-PV.

• Hesse: Focus on nature conservation aspects and integrated concepts for agricultural use.

• Mecklenburg-Western Pomerania: Strict assessment criteria for outdoor areas and spatial planning evaluations.

• Lower Saxony: Guidelines for nature-compatible design and recommendations from spatial planning perspective.

• North Rhine-Westphalia: Guidelines for construction planning and special requirements for landfill sites.

• Rhineland-Palatinate: Concepts for nature-friendly design and consideration of biodiversity-promoting measures.

• Saxony: Guidelines for promoting biodiversity in solar projects.

• Thuringia: Orientation aids for sustainable planning of solar parks.

Summary

The evaluation of areas for installing ground-mounted photovoltaic systems in Germany is based on clearly defined criteria divided into exclusion, restriction, and promotion criteria. Exclusion criteria ensure that sensitive environmental and landscape areas remain protected. Restriction criteria require individual examination to ensure compatibility of PV systems with existing uses and protection regulations. Promotion criteria identify particularly suitable areas that enable efficient use through their proximity to infrastructure. A structured evaluation of these criteria and consideration of costs is crucial for sustainable and environmentally compatible development of photovoltaics in Germany.