WMS - Data on the Saxon Photovoltaic Open Space Ordinance (PVFVO)

Description

The WMS service for the Saxon Photovoltaic Open Space Ordinance is a non-binding tool for identifying potential locations for photovoltaic open space systems in disadvantaged areas with possible EEG funding. The legally binding assignment of areas to the area backdrop according to § 1 of the Saxon Photovoltaic Open Space Ordinance (PVFVO) is to be checked on its own responsibility. The data basis for the WMS service for the PVFVO was the agricultural law background of the less-favoured areas as at 13 March 1997 on the basis of the administrative municipal or municipal boundaries at that time and, since the entry into force of the EEG 2023, the new delimitation for less-favoured areas in Saxony from 2015/2020. From this, the nature conservation exclusion areas defined in the PVFVO were deducted as so-called hard taboo zones. The WMS service for the PVFVO makes no statement as to whether the remaining areas are actually used for agriculture as arable land or grassland or are accessible to other (priority) EEG support. Therefore, the WMS service for the PVFVO may also include areas that do not belong to the area backdrop pursuant to § 1 PVFVO. The agricultural legal background of the less-favoured areas was presented in 1997 without a GIS system. Therefore, in individual cases, there may be blurring in the allocation of specific areas, especially at the border courses, which must be clarified on a case-by-case basis. Despite the utmost care in the creation of the WMS service for 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 or approval procedure) is decisive for the legally binding assignment of a specific area to the area backdrop pursuant to § 1 PVFVO. Therefore, regardless of the WMS service to the PVFVO, the allocation of the area considered as a disadvantaged area as well as the current spatial situation to nature conservation exclusion areas must be examined in the specific individual case. In addition, at the time of the decision to draw up or amend the development plan, the area must be used for agricultural purposes as arable land or grassland and must not be accessible to other priority EEG support. The area backdrop pursuant to § 1 PVFVO refers to § 37(1)(2)(h) and (i) EEG 2023 and dynamically refers to the legal definition in § 3(7)(a) and (b) EEG 2023. This means: For legal reasons, from 1.1.2023 only areas that are not drained, agriculturally used peatland, are located in less-favoured areas (Commission Decision 97/172/EC of 13.03.1997 and new demarcation for Saxony from 2015/2020), are used as arable land or grassland at the time of the decision on the establishment or amendment of the development plan, are not located in areas excluded from nature conservation pursuant to Section 1(1) or (3) of the PVFVO, i.e. do not fall within the national park, nature conservation areas or Natura 2000 areas (FFH and SPA areas) or, in the future, within the National Natural Monument and do not fall under one of the areas referred to in Section 37(1)(2)(a) to (g) or (j) of the EEG 2023 are eligible for photovoltaic open-area installations under the PVFVO. Therefore, e.g. forest or water areas, already sealed areas (e.g. transport/infrastructure, settlements, commercial areas), so-called conversion areas from economic, transport, residential or military use or also 500 m edge strips along motorways or railway tracks do not fall under the area backdrop of the PVFVO.

Resources

Name Format Description Link
0 https://luis.sachsen.de/arcgis/services/energie/photovoltaikfreiflaechen/MapServer/WMSServer?request=GetCapabilities&service=WMS

Tags

  • bewirtschaftungsgebiete
  • berichterstattungseinheiten
  • geregelte-gebiete

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