so-called electrolyzers for the production of hydrogen through theAct for the Immediate Improvement of the Framework Conditions for Renewable Energies in Urban Development Law in urban planning law.
1. ground-mounted photovoltaic systems
Under building planning law, ground-mounted photovoltaic systems are now privileged in outdoor areas within a corridor of 200 m next to freeways and railways, Section 35 para. 1 no. 8 b) BauGB. Previously, solar installations in outdoor areas were only privileged on roof and exterior wall surfaces, while there was no fundamental privilege as there was for wind turbines. The legislator is thus creating consistency with the already existing improved funding opportunities for ground-mounted photovoltaic systems within the 200 m corridor to freeways and railroads in accordance with Section 37 para. 1 no. 2 c) and Section 48 para. 1 sentence 1 EEG.
However, the legislator is now extending the increased feed-in tariff under the EEG to a 500 m corridor. Project developers who wish to take advantage of the increased remuneration up to 500 m next to freeways and railroads must therefore continue to pursue a development plan procedure for the corridor between 200 and 500 m.
2. wind turbines
Section 249 para. 10 BauGB now stipulates for wind turbines that there can be no visually oppressive effect if the distance between the wind turbine and residential buildings is at least twice the height of the turbine (2 H regulation). The height is defined as the hub height plus the rotor radius. This should minimize legal action against planning permission.
3. hydrogen
Section 249a BauGB has also been added to privilege projects for the production or storage of hydrogen (electrolysers). If electrolysers with a base area of up to 100 square meters are directly connected to wind turbines or solar radiation energy, they are also considered privileged in accordance with Section 35 para. 1 no. 5 or no. 8 b) BauGB.
For ground-mounted photovoltaic systems that are not (yet) privileged under Section 35 para. 1 BauGB, hydrogen projects must be specified in the usual development plan procedure.
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