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700-meter distance stays, nut will the procedures be simplier?
Our specialists
2026-08-28

The planning revolution of 2023 introduced to the Polish legal system integrated investment plans (ZPI). Unfortunately, as most of the Polish communes intensely works on general plans, it is hard to talk about the success of the new solution. As for now, well over 2,000 Polish communes have adopted slightly over 20 integrated investment plans.

Yet investors seeking to locate wind power plants see more and more opportunities. At first, only Korfantów Commune acted as the pathfinder in making it possible to locate wind turbines on their territory. This was made possible after a judgement by the Supreme Administrative Court dated 15 April 2026 (ref no. II OSK 7/26) which decided that the ZPI may account for such types of investments. Thus, a court trial was necessary in order to make location of such type of power plant.

If court proceedings are to resolve the possibility to locate wind power plants, we can assume that investors will face an extremely complicated process. That is why the government draft bill on amendment of Act on Renewable Energy Sources that has made its way to the Sejm aims at shedding some light on obscure procedures. The draft bill confirms and specifies the use of the ZPI model for wind power plants. The new provisions also provide for a “nearby commune” to prepare local plan (or ZPI) at least for the area within a 700 m radius of the wind power plant located on the territory of the neighbouring commune and allow for the nearby commune to use the ZPI procedure.

Another amendment pertains to releasing communes from the obligation to prepare a separate plan for the 700 m zone if the given area is covered by a local plan precluding housing or mixed development. This narrows down the area required to be covered by the new planning procedure. The amendment also touches upon other impediments and doubts concerning interpretation. The basic planning procedure for wind power plants will be described in the Spatial Planning Act, and the so-called Wind Turbine Act will cover primarily provisions related to the wind power plant itself.

One of the biggest problems existing in the current legal situation are the special, more extensive requirements regarding the participation of residents in amending the Local Zoning Plan to account for wind power plants. The draft bill aims at integrating these elements with general rules for consultation provided for in the Act on Local Planning. Another key change is the possibility to parallelly conduct the planning and environmental procedures. The investor would be able to, at their own risk, start preparing the environmental impact report when the commune prepares the plan, instead of waiting with the environmental works until the end of the whole planning procedure.

At the end, it is worth adding that the draft bill, although sorting many issues related to planning the location and development of wind turbines, pertains mainly to biomethane investments. It appears though that it will not be another infamous rider. Looking at the bill in the context of the long-lasting dispute on the distance between wind turbines and residential buildings, it is worth noting that the amendment does not change certain things at all. The discussed draft bill does not aim at lowering any distance. The binding provisions will still provide for a minimum of 700 m between the wind turbine and residential building.

As for now, the draft bill is solely in the form of parliamentary document no. 2821 dated 15 July 2026. This means that although there is a light at the end of the tunnel, there is still a long way for the proposed provisions to enter into force.

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