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Elimination of the 10H rule. Wind farms even closer to residential buildings

Likwidacja zasady 10H. Farmy wiatrowe jeszcze bliżej zabudowań mieszkalnych

In the list of the government's legislative works, we can see the initial assumptions of the draft amendment to the Act on investments in wind farms.

The current regulations contained in the Act of May 20, 2016 on investments in wind farms (Journal of Laws of 2024, item 317) do not ensure sufficiently effective development of onshore wind energy – emphasize the authors of the project from the Ministry of Climate and Environment.

The liberalization of regulations is related to the government's plans of the Ministry of Infrastructure and Environment to systematically increase the share of renewable energy sources (RES) in the electricity sector to at least 50%. by the end of 2030

The government plans for the total installed capacity of onshore wind farms to exceed approximately 15.8 GW by 2030. The liberalization of rules related to locating and investing onshore wind turbines is intended to help achieve these ambitious plans.

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Rule 10H goes into the trash, and will be replaced by a minimum distance of 500 m between turbines and buildings

The amendment to the Act accelerating investment in onshore wind farms assumes, first of all, liberalization of the rules for locating onshore wind farms, including: elimination of the general rule 10H.

Changes to the Act will introduce a minimum distance of 500 m between wind farm installations and residential buildings.

Tighter limits, similar to the 10H rule, will remain for locating wind turbines in close proximity to national parks, reserves and Natura 2000 areas.

However, these are not the only changes that this amendment will introduce.

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They will accelerate investments in onshore wind farms

Companies specializing in investing in and generating electricity from onshore wind farms will be able to implement renewable energy investments faster on the basis of a special type of Local Development Plan, which is the Integrated Investment Plan.

The government also plans to simplify the implementation of investments in onshore wind turbines by unifying the planning process currently included in the Act on investments in wind farms with the general principles contained in the Act on Spatial Planning and Development.

The proposed changes are also intended to improve the rules regarding the provision of at least 10 percent. wind farm capacity to interested residents using the generated renewable energy in the formula of a virtual prosumer or energy cooperatives.

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When will the act on investments in wind farms come into force?

The Ministry of Environmental Protection plans that the draft act amending the Act on investments in wind farms and certain other acts will be adopted by the government with a slight delay in the third quarter of 2024.

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