Amendment to the 10H Act adopted by the Sejm – what may change for wind energy?

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.

Frequently asked questions (FAQ)

1. Has the 10H rule already been abolished?
No. Although the Sejm has adopted an amendment to the Act on Investments in Wind Power Plants, the law has not yet been finally enacted. The legislative procedure is still ongoing – the project awaits the Senate’s decision and the signature of the President of Poland. Until it is published in the Journal of Laws, the new regulations do not apply.

2. What is the 10H rule and why is it criticized?
The 10H rule requires that wind turbines be located at a distance of at least ten times their height from residential buildings. In practice, this almost completely prevents the development of new wind farms, limiting the availability of land and hindering Poland’s progress toward climate goals.

3. What will change after the amendment comes into force?
The most important change will be the establishment of a fixed minimum distance of 500 meters from buildings. The rules for environmental protection will also change, and investment procedures will be simplified. In addition, investors will be required to offer local communities a share in the investment.

4. What will be the new rules for locating wind farms?
A wind farm will be allowed to be built at least 500 meters from residential buildings, 1,500 meters from national parks, and 500 meters from nature reserves and Natura 2000 areas. Where protected species habitats occur, additional restrictions may be introduced.

5. Will the new regulations speed up the investment process?
Yes. The amendment assumes that project implementation time will be reduced from the current 6–7 years to about 3–5 years, and in the case of repowering – even to 2.5 years. Environmental and planning procedures will also be simplified.

6. What is the obligation for local community participation in the investment?
Every investor will have to offer residents the opportunity to acquire up to 10% of shares in the implemented wind farm project. This aims to increase local acceptance and enable residents to benefit directly from the investment.

7. Can the changes affect energy prices in Poland?
Indirectly, yes. Energy from onshore wind farms is among the cheapest, so its greater share in the energy mix may reduce wholesale energy prices and improve the country’s energy security.

8. Does the amendment cover only wind power plants?
No. The project also includes provisions supporting the development of biomethane, such as including biomethane plants in the support system, enabling transmission to the grid, and allowing the construction of direct pipelines. The new regulations aim to support renewable energy development in a broader context.