On July 14th, 2022 the Council of Ministers referred to the Sejm a draft law amending the Law on Wind Power Investments and certain other laws. The draft is related to the current so-called “10h” rule, which in practice almost completely blocks the establishment of new wind power plants in Poland.
The draft maintains the general rule that the distance of a new wind power plant from an existing residential building must not be less than 10 times the height of the planned wind power plant. At the same time, the draft stipulates that this distance can be exceptionally modified by the municipality within the framework of the local spatial development plan being adopted, and assumes that due to safety criteria, the distance set in the local spatial development plan can in no case be less than 500 meters.
The justification for the bill points out, on the one hand, the need to provide structured legal protection for residents of areas in the vicinity of which such facilities are located, and on the other hand, the high and constantly rising cost of conventionally generated electricity. The law would thus be a kind of compromise. However, legislative work has not yet been undertaken and the fate of the proposed amendments is unknown.