For a long time we have been tracking the work on amending the regulations on siting of wind power plants in Poland. In October 2024 we discussed a proposed amendment to the Wind Power Plant Act which would relax the rules for the distance between wind power plants and other facilities. In March 2025 this bill, in a slightly revised form, was submitted to the parliament and is finally being taken up. The key provisions are unchanged: the amendment is intended to expedite the development of onshore wind power in Poland, mainly by eliminating the “10H rule” and introducing a new limit of 500 metres as the minimum distance from residential structures. In this article we discuss the major differences between the current bill and the previous version.
New restrictions on siting of wind power plants
The earlier draft provided for introduction of a minimum distance of 500 m from Natura 2000 areas. The current version additionally imposes a ban on siting of wind power plants that qualify as aviation obstacles (height of 100 m or more) in the airspace of a Military Route (MRT) or Military Control Zone (MCTR). According to the justification for the proposal, the existing need to consult proposed local spatial development plans with the relevant military authorities has often led to protracted litigation, hence the need to clearly designate areas excluded from this type of development.
The amendment also introduces restrictions on the distance from national roads. A wind power plant would have to be located at a distance from the road right-of-way of no less than the maximum height of the turbine (as provided in the local plan). The drafters indicate that such phenomena as the motion of the blades and flashing lights may have a negative impact on traffic safety, and icing falling from the rotors poses an additional threat.
In specifically justified instances, the General Director for National Roads and Motorways (GDDKiA) could agree on a local plan setting a distance from a national road of less than the maximum height of the turbine, taking into account the requirements for proper preparation, execution and operation of national roads, including potential upgrading of the road or expansion of its traffic capacity, while maintaining the required level of traffic safety.
Importantly, and of potential concern for wind power projects, in the permit to execute a road project the province governor could set limitations on the use of adjacent property, ordering the demolition of a wind power plant sited at a distance less than the limit indicated above. Within the same road project permit, the province governor would include a ban on issuance of permits for construction, reconstruction or expansion of wind power plants at a distance less than that allowed under the amendment. Such decisions would be immediately enforceable. However, the bill does provide for an exception allowing GDDKiA, in particularly justified instances, to indicate in the application for a road project permit that despite failure to maintain the relevant distance, demolition of existing wind power plants or a prohibition on issuing building permits for wind power plants should not be ordered.
Compensation would be due for the restriction of the use of the property because of the order to demolish a wind power plant located less than the permissible distance from the road right-of-way. Significantly, and controversially, it would be the owner of the real estate who would be entitled to receive compensation. Any claims between the owner and the tenant of the property would be based on the contract between them. For this reason, it is essential that tenancy agreements or separate contracts between the owner and the investor include appropriate provisions reflecting this type of risk. However, if a wind power plant was executed without a required building permit, or not in compliance with the permit, the demolition order will not give rise to a claim for compensation.
Changes in the distance from the power grid
One aim of the bill is to increase the availability of land for development of wind power projects. One facet of this is narrowing the definition of “extra-high-voltage power networks” to overhead power lines, thus cutting the list of barriers requiring a buffer zone of distance.
The current regulations require that the distance from the grid be at least three times the diameter of the rotor, including the blades, or twice the total height of the unit, whichever is greater. The amendment provides for the possibility of using another, smaller distance, if indicated by the transmission system operator at the stage of filing comments on the proposed local plan, with an appropriate justification consulted with the investor.
Simultaneous environmental and planning procedures
The Act on Access to Environmental Information would also be amended. The bill would allow the procedure for issuance of an environmental decision to be launched prior to adoption of the local development plan or adoption of an integrated development plan. Before issuance of the decision, the investor would be summoned to submit the plan, with the possibility of suspending the proceeding until the plan is submitted. This appears to be the right solution, but the wording is vague and may need to be clarified in the future.
Siting of wind power plants
A new provision has been added to the proposal establishing an exception from the duty to prepare a local development plan under which a wind power plant is to be sited, at least for the area inside the borders of the commune where the plant is located, within the protected zone (i.e. 500 m, under the amendment). The obligation will not apply to areas where there is already a local development plan in force preventing construction of residential buildings. This change reduces the potential area which would have to be covered by a local plan. This would also apply as relevant to neighbouring communes. According to the drafters, this change will not have any negative consequences for the safety of local communities, because the extent of the protected zone will be the same.
The main change from the version we discussed before, with respect to siting of wind power plants on the basis of an integrated development plan, is the inability to use simplified public consultations. The amendment excludes the possibility to apply the provision allowing the forms of public consultations to be limited to collecting remarks and conducting consultations for at least 21 days, when the integrated development plan foresees the siting of a wind power plant. Moreover, the integrated development plan, as with the local development plan, will be subject to opinions by the executive of the neighbouring communes and consultation with GDDKiA.
Further changes involving virtual prosumers
One of the main changes is to include the opportunity for communes to become virtual prosumers. The proposal provides for a 15-year settlement period from the date of the first sale of power to the grid. The commune could report numerous energy consumption points, obtaining prosumer status for each of them separately. If the capacity of the installation is not exhausted, neighbouring communes could also take advantage of the opportunity to become virtual prosumers.
Under the amendment, the investor will not be required to conclude contracts for sharing in the total installed capacity of a wind power plant if the inhabitants of the commune and neighbouring communes, and the governments of the commune and neighbouring communes, are not interested in taking up a capacity of more than 50 kW.
The amendment also clarifies the rules for settlement from the date of notification of prosumers. As stated in the justification, apart from exclusions expressly stated in the Wind Power Plant Act, the Renewable Energy Sources Act will apply directly, because prosumers established on the basis of the Wind Power Plant Act have the exact same legal status as other virtual prosumers.
The bill also includes provisions on upgrading of existing wind power plants (known as “repowering”). We will address this topic in detail in a separate article.
Radosław Wasiak, adwokat, Zuzanna Poleszak, Energy practice, Wardyński & Partners
