WMS — Data on the Saxony Photovoltaic Free Surface Ordinance (PVFVO)

The WMS Service for the Saxon Photovoltaic Free Space Ordinance is a non-binding tool for identifying potential locations for photovoltaic open-air installations in disadvantaged areas with possible EEG funding. The legally binding assignment of areas to the area backdrop according to § 1 of the Saxon Photovoltaic Free Space Ordinance (PVFVO) must be examined independently. Data for the WMS service for the PVFVO was based on the agricultural legislation of disadvantaged agricultural areas (a) as at 13.03.1997 on the basis of the administrative boundaries of municipalities at that time. From this, the nature conservation areas (c) defined in the PVFVO were deducted as so-called hard taboo zones. The WMS service to the PVFVO does not determine whether the remaining areas are actually agriculturally used as arable land or grassland (b) or to other (priority) EEG support (d). Therefore, in the WMS service, the PVFVO may also identify areas that do not belong to the area backdrop pursuant to § 1 PVFVO. The agricultural sector of disadvantaged agricultural areas was presented in 1997 without a GIS system. Therefore, in individual cases, the allocation of specific areas may lead to blurs, especially at the border paths, which must be clarified individually. Despite the utmost care in the creation of the WMS service to the PVFVO, no liability is assumed for its accuracy. Legal assignment to the area backdrop § 1 PVFVO: The current factual and legal situation at the time of the decision (planning/authorisation procedure) is decisive for the legally binding assignment of a specific area to the area backdrop according to § 1 PVFVO. Therefore, irrespective of the WMS service to the PVFVO, the classification of the area considered as a disadvantaged agricultural area as well as the current spatial situation to nature conservation areas must be examined in a specific case. In addition, the area must be used as arable land or grassland at the time of the decision establishing or amending the development plan and shall not be accessible to other priority EEG support. The area setting referred to in § 1 of the PVFVO refers to § 37(1)(h) and (i) EEG 2021 and refers to the legal definition in § 3(7) EEG 2021. This means: For photovoltaic open-air installations according to PVFVO, for legal reasons only areas that: in disadvantaged agricultural areas (Commission Decision 97/172/EC of 13.03.1997), (b) are used as arable or grassland at the time of the decision establishing or amending the development plan, (c) are not located in protected areas under Paragraph 1(1) or (3) of the PVFVO, i.e. not in the national park, nature reserves or Natura 2000 sites (FFH and SPA areas) or, in the future, in the National Nature Monument and (d) do not fall within one of the areas referred to in Section 37(1)(a) to (g) EEG 2021. Therefore, e.g. forest or water areas, already sealed areas (e.g. traffic/infrastructure, settlements, commercial areas), so-called conversion areas from economic, traffic, residential or military use, or even 200 m edges along motorways or rail tracks are not covered by the PVFVO.