Poland submits draft law to bolster the growth of onshore wind energy sector
The Polish government has sent parliament a long-anticipated draft amendment to the law regulating investments in onshore wind farms, which contain measures expected to fuel growth in Poland’s onshore wind energy sector. Specifically, the amendments propose liberalising regulations that could unlock the full potential of the sector, significantly increase the country’s installed renewable energy capacity and stimulate greater investment in onshore wind energy, which is seen as a key strategy in Poland’s efforts to address rising energy needs and expedite the transition to a more sustainable, greener energy future.
Poland’s energy transition requires significant investments in renewable energy to reduce dependence on fossil fuels and curb greenhouse gas emissions. Wind energy is pivotal in this transformation because it is clean and cost-effective. The Polish government has identified onshore wind energy as one of two key technologies driving the economy’s decarbonisation. Government policies indicate that onshore wind energy will continue to develop, reinforcing the sector’s crucial role in Poland’s transition to a sustainable low-carbon future.
Poland’s Distance Act and the 10H rule
The first law regulating Poland’s onshore wind energy sector was the 2016 Distance Act (i.e. the 10H Act), which introduced several key requirements, including the stipulation that the location of onshore wind farms must be based on local zoning plans. The most significant limitation, however, was the 10H rule, which set a minimum distance between wind turbines and residential or mixed-use buildings at ten times the total height of the turbine (approximately 1500 metres) measured from the ground to the highest point of the turbine.
Because this law imposed precise and restrictive limitations on wind farm construction, planning and implementing new onshore wind energy projects became highly complicated, effectively stalling the growth of the wind energy sector for years despite the rising demand for renewable energy.
Amendments to the Distance Act in 2018 and 2019 introduced changes to ease restrictions for older wind projects, which provided some flexibility for existing projects but had only a marginal impact on attracting new investments. The key obstacle, the 10H rule, remained in effect for new onshore wind farm projects, restricting their development and implementation.
Partial market reopening in 2023
In April 2023, the Distance Act was amended in a way that maintained the 10H rule as the primary regulation for locating onshore wind farms, but granted municipalities greater flexibility when adopting local zoning plans. Municipalities were allowed to set a different distance between wind farms and residential or mixed-use buildings, provided that the distance was no less than 700 metres.
The amendment also introduced measures to enhance transparency in the zoning process and increase public participation in procedures related to the adoption and changes of local zoning plans for onshore wind farms. Additionally, new distance requirements were introduced for onshore wind farms relative to high-voltage power grids.
Despite these changes, the amendment did not fully unlock the onshore wind energy market. Easing the 10H rule may have been a step in the right direction, but the 700 metre minimum distance requirement, along with new regulatory and distance provisions, maintained barriers for developments.
2025 draft amendments
In March 2025, the Polish government sent parliament a draft amendment for the Distance Act. The proposed changes aim to abolish the 10H rule, which has historically restricted the construction of onshore wind farms near residential areas. Under the new regulations, municipalities will be granted the authority to determine the minimum distance between wind farms and residential or mixed-use buildings. This distance cannot be less than 500 meters, and wind-farm locations must comply with local zoning plans.
Another positive change draft amendment introduces is the option to use “integrated investment plans” in the onshore wind energy sector, which are a special type of local zoning plans that streamline the investment process. For more details on these, refer to our earlier article here: Polish ‘Spatial Planning’ amendment facilitates cooperation between business and local authorities.
The draft also allows investors to proceed with environmental permits and local zoning plans simultaneously. This change should significantly speed the approval process, since under the current legal framework, investors could only apply for environmental permits when local zoning plans were adopted by municipalities. This streamlined approach should reduce delays and enhance the efficiency of wind energy project development.
The government has also decided to support the repowering of older wind farm projects that are reaching the end of their technological life. Given advancements in technology, repowering will often lead to an increase in the installed capacity of the entire wind farm while reducing the number of turbines. The draft amendment proposes that, in some cases, repowering processes will be significantly simplified, removing the need for adapting new local zoning plans or even obtaining environmental permits. Instead, a simplified building notification will be sufficient. The simplified process is expected to expedite the processing of repowering applications, enabling quicker upgrades in the wind energy sector.
The draft amendment, however, has certain drawbacks. It maintains existing regulations regarding the minimum distance between wind farms and high-voltage power grids, but introduces some simplifications. Firstly, the definition of high-voltage power grids will now apply only to overhead lines, reducing the number of lines from which wind turbines must maintain a minimum distance. Secondly, wind farm investors will be able to negotiate a shorter distance with grid operators, and if an agreement is reached, the adjusted distance will be recorded in the local zoning plan.
The draft introduces a requirement for maintaining a minimum distance of 500 metres between wind farms and Natura 2000 areas, which are protected under EU environmental regulations. This stipulation could pose challenges for the development of wind projects, especially considering that nearly 20% of Poland’s land area is covered by Natura 2000 areas.
Additionally, the draft includes a proposed minimum distance of the maximum total height of wind turbines (i.e. the 1H rule) between wind farms and national roads. The new proposal offers some flexibility for authorities, allowing them to approve a shorter distance than the prescribed 1H under certain circumstances.
Furthermore, the draft imposes a complete ban on locating wind turbines within the airspace of Military Control Zones and Military Routes for the safety and operational efficiency of military aircrafts.
Summary
Poland’s proposed amendments to the Distance Act are going through the legislative process in parliament with work expected to continue in both the Sejm (i.e. the lower house) and the Senate (the upper house). The draft legislation is expected to be finalised, passed and signed into law by the President before the end of 2025.
The proposed changes are expected to create more favourable conditions for new investments in the onshore wind energy sector. Key adjustments include expanding the areas eligible for wind farm development, a crucial step toward creating a more sustainable energy future for Poland. While the regulations still impose limitations on the construction of onshore wind farms, they strike a balance between fostering wind energy growth and ensuring environmental protection and proper zoning planning.
This legislative overhaul is widely viewed as a green light for the expansion of onshore wind energy, which is expected to increase Poland’s share of renewable energy in the national grid and bolster the country’s energy security.
For more information on these amendments and opportunities in Poland’s alternative energy sector, contact your CMS client partner or these CMS experts:
