In March 2025, the Sejm adopted an amendment to the Act on Investments in Wind Power Plants, which assumes the repeal of the 10H rule that had effectively blocked the development of onshore wind farms for almost a decade. Instead, a minimum distance of 500 meters from residential buildings, simplified investment procedures, and mechanisms involving local communities in project implementation were proposed. However, the Act has not yet been finally passed – the legislative process is not complete. The amendment was voted through by the Sejm but is still awaiting a decision from the Senate and the signature of the President. Until the Act is published in the Journal of Laws, the provisions remain legally ineffective. In the case of a presidential veto, the project may be returned to the Sejm and require reconsideration. Nevertheless, the direction of change proposed by the government signals an intention to move away from the existing restrictions on the location of wind farms and to increase the share of renewable energy sources in Poland’s energy mix.
What is the 10H rule?
Introduced in 2016, the 10H rule required wind turbines to be located at a distance of at least ten times their total height from the nearest residential buildings. For a typical turbine with a height of 150 meters, this meant a buffer of 1.5 kilometers. The provision was introduced as an amendment to the Wind Power Investment Act and was controversial from the outset, due to its arbitrariness and lack of justification in environmental or health studies.
The 10H rule practically made it impossible to locate new wind farms across most of the country. According to estimates, only a few percent of Poland’s territory met the required distance criteria, which resulted in the near-complete halt of new onshore wind investments. Many projects were abandoned, and municipalities lost real influence over shaping local spatial policies in this area. As a result, renewable energy development was significantly slowed, and Poland began to fall behind EU energy transition targets.
Planned changes to the wind energy law
The bill adopted by the Sejm provides for changes to the rules on the location of wind farms. The most important change is the abandonment of the 10H model and the introduction of a fixed minimum distance – 500 meters from residential buildings. This proposal was preceded by public consultations and analyses of noise and safety. The government argues that the half-kilometer distance will balance investor needs with the protection of residents’ interests. The draft provisions also include safeguards for ecologically valuable areas. Wind farms may not be located closer than 1,500 meters from national parks and 500 meters from nature reserves and Natura 2000 sites. Additionally, where habitats of protected bird or bat species occur, further location restrictions are planned. This approach is intended to ensure compliance with EU law and prevent environmental conflicts.
Faster investment procedures
One of the key elements of the amendment is the simplification of the investment process. Previous procedures were lengthy – from the start of design work to the launch of a wind farm could take up to 6–7 years. The bill aims to reduce the number of required administrative steps and shorten the entire process to 3–5 years. Simplifications are foreseen in environmental and planning decisions.
The changes also apply to repowering, i.e. the modernization of existing installations. Currently, investors must go through almost the entire process anew, resulting in lengthy proceedings and additional costs. The amendment proposes that replacing turbines with newer models should be possible under a simplified procedure, reducing project implementation time to about 2.5 years. This is expected to improve energy efficiency and speed up the adaptation of the grid to conditions in a renewable-based system.
Greater involvement of local communities
An important change in the draft law is the introduction of an obligation to offer the local community the opportunity to take up to 10% of shares in the investment. Previous provisions allowed for such an option declaratively, but lacked legal tools to make it enforceable. Once the law enters into force, this mechanism would become a mandatory element of every new project.
The purpose of this solution is twofold: on the one hand, to give residents real influence over shaping local energy policies, and on the other, to increase social acceptance of the presence of wind turbines near homes and farms. The Ministry of Climate and Environment emphasizes that the proposed changes are intended to strengthen the role of residents as active participants in investment processes, not just as recipients of the effects of decisions made.
Although the bill does not include direct mechanisms affecting energy prices, its authors point to possible economic impacts. Energy produced by onshore wind farms is currently among the cheapest sources – the cost of generating one megawatt-hour averages around 192 PLN. For comparison, coal-based energy costs about 441 PLN for the same amount.
Wider use of wind energy could therefore lead to lower wholesale energy prices, which in turn could affect household bills and production costs in industry. The government also highlights the energy security aspect – the development of domestic renewable sources could reduce the need for fossil fuel imports and limit the risk of dependence on external suppliers, especially in the gas sector.
New support for biomethane and nature protection
The draft amendment also includes solutions supporting the development of biomethane – a renewable fuel that can complement unstable energy sources such as wind or solar. The plan is to cover biomethane plants with a capacity of more than 1 MW under a support scheme, as well as to enable biomethane transmission to the gas grid and the construction of direct pipelines.
Biomethane, derived from agricultural and municipal waste, can be used in heating and transport, aligning with the EU strategy to reduce greenhouse gas emissions. Regulating the rules for its production and distribution in national law is also important for Poland’s compliance with EU climate policy commitments.
The draft law also includes environmental protection requirements for new investments. Wind turbines may not be located near national parks, nature reserves, or Natura 2000 sites. In addition, investors will be required to conduct impact assessments on protected bird and bat species. The proposed provisions are therefore designed to combine energy goals with the duty to preserve biodiversity.
Legislative and political background of the amendment
Work on the draft lasted more than a year and was turbulent. The legislative initiative first appeared in December 2023, but the original bill did not include clear provisions to amend the 10H rule. It was only after the change of government and the appointment of Paulina Hennig-Kloska as Minister of Climate that work on a comprehensive amendment accelerated.
The bill faced numerous objections from other ministries, including the Ministry of Culture and National Heritage, which raised concerns about locating turbines near historic sites. Disputes also concerned mechanisms for local community participation and environmental protection standards. Ultimately, the bill was adopted by the Sejm in March 2025, but it has not yet completed the legislative path – it awaits Senate consideration and the President’s decision. Under the Constitution, the President may sign the law, refer it to the Constitutional Tribunal, or veto it. In the case of a veto, the law may be returned to the Sejm, which can override it with a three-fifths majority. A potential veto could block the new provisions from entering into force, delaying the opening of the market for new renewable energy investments.
What does the amendment mean for investors and RES development?
If the amendment is finally passed and signed, it will mark the opening of the onshore wind energy market after years of stagnation. The proposed changes aim to simplify administrative procedures, increase the availability of investment land, and shorten project implementation times. According to estimates by the Ministry of Climate and Environment, by 2030 the installed capacity of wind farms could increase from the current 10 GW to 20 GW.
For investors, the new legal framework on local community participation and environmental requirements will also be important considerations at the planning and implementation stage. Despite these obligations, the proposed regulations create conditions of greater legal stability and predictability, which may also attract foreign investors.
The bill adopted by the Sejm amending the Wind Power Act is an attempt to break the deadlock caused by the 10H rule. It sets out new rules for the location of farms, simplifies procedures, and increases local community involvement. It also includes support mechanisms for biomethane and stronger environmental safeguards. However, the law has not yet been passed – its fate depends on the Senate and the President. Only after the legislative procedure is completed and the law is published in the Journal of Laws will the new provisions come into force. For the RES market, this could be a turning point, provided that the bill does not stall at the final stage of the legislative process.
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