Solar park in Bavaria | Photovoltaic open-field systems in Tuntenhausen: Developments in building law and planning – Creative image: Xpert.Digital
Photovoltaic offensive: How Tuntenhausen is driving the energy transition forward
Building law and the future: Tuntenhausen optimizes photovoltaic use
The municipality of Tuntenhausen is consistently committed to expanding renewable energies and is planning several ground-mounted photovoltaic systems to sustainably meet its electricity needs. Current developments in building regulations and planning demonstrate the municipality's commitment to making its energy supply future-proof and making optimal use of the legal framework for ground-mounted photovoltaic systems.
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Current plans in Tuntenhausen
The municipality of Tuntenhausen has ambitious plans for expanding renewable energy. In June 2024, the municipal council addressed the development plan for a photovoltaic system in the Mailling solar park, with the council aiming to promote public participation. The municipality plans a total of three large photovoltaic systems, which could enable it to produce more green electricity than it consumes. These plans are part of a long-term strategy that began in November 2023, when the municipality set the course for three large PV systems.
The three planned photovoltaic systems will add another 22 megawatts of renewable energy to the municipality's green energy balance. This would represent a significant increase, as Tuntenhausen already has a considerable photovoltaic infrastructure: Currently, 613 photovoltaic systems with a total installed capacity of 10,111.66 kWp are in operation, producing approximately 10,065,862.04 kWh of electricity annually.
Building law principles for solar parks with open-field photovoltaic systems
The construction of ground-mounted photovoltaic systems in Bavaria is subject to specific building regulations. In principle, these systems require a building permit in accordance with Article 55 Paragraph 1 of the Bavarian Building Code (BayBO). A development plan is generally required to establish the necessary building rights, as ground-mounted photovoltaic systems, unlike wind energy, do not enjoy a general exemption in rural areas under Section 35 of the German Federal Building Code (BauGB).
The zoning plan establishes the legal basis for building permits for ground-mounted photovoltaic systems, identifying potential land-use conflicts and weighing the various interests of climate, environmental, and species protection against each other. The municipality of Tuntenhausen is following this procedure in the planning of its new photovoltaic systems.
Simplifications in the approval process
In recent years, the Bavarian state government has introduced several simplifications to the approval process for ground-mounted photovoltaic systems:
1. Since January 1, 2025, photovoltaic systems located along highways and multi-track railway lines that fall under the privileged status of Section 35 Paragraph 1 No. 8 b) of the German Federal Building Code (BauGB) are exempt from permitting requirements according to Article 57 Paragraph 1 No. 3 a), bb) of the Bavarian Building Code (BayBO). This applies to systems within a 200-meter strip along these transport routes.
2. The Bavarian state government has simplified the regulations for compensatory areas for ground-mounted photovoltaic (PV) installations. From December 2024, ground-mounted PV installations without additional compensation requirements will become the norm. For two defined scenarios, the compensation requirement is either completely eliminated or reduced to only 10 percent.
3. The upper limit of 200 solar parks per year on agricultural land in Bavaria has been abolished, which further facilitates expansion.
These relaxations could also be advantageous for the municipality of Tuntenhausen, as they would accelerate and simplify the approval process for its planned photovoltaic systems.
Economic and ecological aspects
Installing photovoltaic systems in Tuntenhausen offers both economic and environmental benefits. An average photovoltaic system in Tuntenhausen can generate approximately 800 to 1,200 kWh of electricity per kilowatt-peak (kWp) of installed capacity per year. This is due to the favorable geographical conditions: the optimal roof pitch in Tuntenhausen is 35 degrees with a 0-degree orientation, and the annual global solar irradiance is 1,151.95 kWh.
The expansion of photovoltaics contributes significantly to the energy independence of the municipality. Currently, the photovoltaic electricity generated in Tuntenhausen already covers 74.50 percent of the electricity consumption of all residents. With the planned additional installations, the municipality could cover its entire electricity demand with renewable energy and even produce surpluses.
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Citizen participation and acceptance
Public involvement plays a crucial role in the planning of ground-mounted photovoltaic systems. The local council intends to promote public participation in the planned photovoltaic system at the Mailling solar park. This is an important step in increasing acceptance of such projects and addressing potential concerns early on.
In addition, the municipality of Tuntenhausen supports its citizens in using solar energy. Since 2018, a solar cadastre has been available for the city and district of Rosenheim, allowing residents to quickly check the suitability of their building's roof for solar energy use. This tool helps to raise awareness of renewable energy use and promote private investment in photovoltaic systems.
Local energy transition: Tuntenhausen on the path to self-sufficiency
The municipality of Tuntenhausen is consistently pushing ahead with the expansion of ground-mounted photovoltaic systems in order to cover its electricity needs entirely with renewable energy. Current plans for three large photovoltaic plants, including the Mailling solar park, are part of this strategy. Recent simplifications in the permitting process and regarding compensatory areas by the Bavarian state government are facilitating this development.
Through a combination of local initiatives and supportive legal frameworks, Tuntenhausen is positioning itself as a pioneer in the field of renewable energies in the region. With the realization of the planned projects, the municipality could not only cover its own electricity needs but also make a significant contribution to the energy transition in Bavaria.
Future developments will show how quickly the planned photovoltaic open-field systems can be implemented and what further measures the municipality will take to achieve its goal of a fully renewable energy supply.
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