Today, i.e. on May 4, 2021, a draft act amending the act on investments in wind farms and certain other acts (UD list number 207) has been submitted to public consultations and interministerial arrangements.

According to the letter referring the project for consultation, comments may be submitted within 30 days of publication.

As is clear from the justification, the main assumption of the project is to maintain the basic principle of locating a new wind farm, which states that a new wind farm may only be located on the basis of the Local Plan. However, the obligation to prepare a local development plan or change it for the purposes of the investment in question will apply to the area of the projected impact of the wind power plant, and not, as yet, to the entire area designated in accordance with the so-called The “10H rule” (ie for an area within a radius defined by ten times the total height of the designed wind farm).

The local development plan will be able to determine a different distance between the wind farm and the residential building, taking into account the range of the wind farm’s impact, taking into account the absolute minimum distance specified in the draft amendment (500 m). The basis for determining the required minimum distance from residential buildings will be the results of the environmental impact assessment prepared for the local development plan. In order to additionally strengthen the significance and quality of the forecast made for the purposes of the project or changes to the local development plan for a wind farm, they will be obligatorily agreed, and not consulted so far, with the relevant Regional Director for Environmental Protection (RDOŚ). The identical, minimum, absolute distance will apply to the placement of new residential buildings in relation to the existing wind farm.

The Act does not change the rules for applying for compensation for property owners related to the adoption of the Local Plan. The provision of Art. 36 of the Act of 27 March 2003 on spatial planning and development (Journal of Laws 2020, item 293, as amended).

The final distance from residential buildings will be verified and determined as part of the procedure for issuing decisions on environmental conditions for a given investment by RDEP, on the basis of a detailed environmental impact report, while maintaining the new minimum absolute distance from residential buildings, which will be specified in the Act. According to the draft amendment, it will be possible to issue additional, detailed regulations including guidelines for RDEP and municipalities regarding the study and determination of the impacts of wind farms and their maximum levels.