On 15 January 2026, the German Federal Parliament (Bundestag) adopted the Bundeswehr Planning and Procurement Acceleration Act (Gesetz zur beschleunigten Planung und Beschaffung für die Bundeswehr). The legislative changes form part of the German defense policy paradigm shift (Zeitenwende) and are intended to create the conditions for the rapid modernisation of the German armed forces (Bundeswehr). Alongside public procurement provisions, the Act also contains amendments to the Air Traffic Act (Luftverkehrsgesetz, “LuftVG”) that will impact the planning and construction of wind turbines.
Construction ban to protect defense facilities
The construction bans under section 18a LuftVG have been extended to protect military air-defense radar installations. Previously, construction bans only applied to the protection of air navigation facilities. While air navigation facilities ensure safe and orderly air traffic, air-defense radar installations are primarily used for military airspace surveillance, i.e., the detection of threats from the air. Going forward, structures –
such as wind turbines – may not be erected if doing so would significantly impair the functionality of stationary military air-defense radar installations. According to the new legal definition, significant impairment is deemed to exist if an expert report based on a scientific study pursuant to section 73(5) LuftVG (new version) demonstrates in a reasoned and substantiated manner that the respective air-defense radar installation would no longer be able to fulfil its function. The Federal Office of Bundeswehr Infrastructure, Environmental Protection and Services (Bundesamt für Infrastruktur, Umweltschutz und Dienstleistungen der Bundeswehr, “BAIUDBw”) or the relevant Bundeswehr agency is responsible for the assessment.
The new construction ban could affect a large number of planned wind turbines. It is estimated that approximately one third of Germany’s land area falls within the assessment zone of an air-defense radar installation (the relevant radius is generally assumed to be 50 km; pending new criteria). In future permit procedures, permitting authorities must forward all necessary documents to BAIUDBw. The competent Bundeswehr agency has two months to conduct its review (section 18a(1a) LuftVG). If it concludes that a military air-defense radar installation would be significantly impaired and that the wind turbine is therefore not permissible, it must demonstrate this in a reasoned and substantiated manner and provide an expert report from the Military Aviation Authority (Bundeswehrluftfahrtamt).
The new construction ban is not yet in force. The Act requires that a comprehensive assessment and evidence process be established for assessing interference with air-defense radar installations (including the preparation of a scientific study, involvement of authorities and associations, and publication in the Federal Law Gazette). It is understood that a draft of this study has already been prepared.
Bundeswehr involvement in permit procedures
The Bundeswehr’s responsibilities under aviation law are also being extended. Going forward, the Bundeswehr will share responsibility for granting aviation-law approval for structures located outside building restriction areas with air navigation service providers and state authorities (section 14 LuftVG). Until now, Bundeswehr agencies have been involved in permit procedures only indirectly through BAIUDBw as the competent technical authority and public stakeholder.
Reactions, outlook and recommendations
In the context of the much-heralded defense paradigm shift, the amendments to the Air Traffic Act place clear priority on security interests. They threaten to limit site selection for new wind energy installations, which could further hamper the expansion of wind energy. Predictably, wind power associations voiced sharp criticism of the expanded construction bans, citing the Bundeswehr’s “de-facto veto power”. These concerns were addressed by adding the “significant” impairment requirement later in the legislative process; in the original draft, simple interference would have sufficed. The intended aim of setting out clear criteria for evaluating any impairment of air-defense radar installations in the yet-to-be-developed evidence and assessment procedure (section 73(5) LuftVG (new version)) is to be welcomed. It is hoped that this will provide greater legal and planning certainty when assessing potential risks, streamlining the overall process.
It remains the case that when planning wind turbines, an early assessment should be undertaken of whether the proposed site is located near an air-defense radar installation (the standard radius is assumed to be 50 km, pending new criteria). For projects potentially affected, informal advance coordination with competent Bundeswehr agencies may help obtain planning certainty. If a permit is rejected, project developers should review whether the grounds provided meet the legal standard of “reasoned and substantiated”. Generalised arguments may be legally contestable.
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