New draft law on wind turbines location


Today, 19/02/2016, the Law and Justice Party brought to the Sejm (lower chamber of the Parliament) a project of an Act on wind turbines investments.

The breaking points introduced with respect to the wind turbines investments are:

  • New wind turbines may be only located on the basis of a local zoning plan;
  • The minimum distance between the wind turbine and households or buildings of mixed purpose should be equal or higher than ten-times total height of the wind turbine (mast plus blade);
  • Operating wind turbines which do not meet the distance requirement may only be under maintenance works;
  • Operating wind turbines require obtaining a new type of operation permit from the Technical Supervision Authority (UDT) within one year from the entry in force of the Act;
  • Issued building permits will remain in force under the condition that the occupancy permit will be obtained within 3-years from the entry in force of the Act;
  • Where existing local zoning plans allow for location of wind turbines new building permits will not be issued if the minimum distance requirement is not met;
  • Zoning decisions for wind turbines issued before the entry in force of the Act which do not comply with the minimum distance requirement expire, unless a building permit was issued before laps of this 1-year period.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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