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New draft law on wind turbines location
Credit: By Tomasz Janas, Michal Motylewski, Agnieszka Skorupinska | Dentons | 2/22/2016 | www.jdsupra.com ~~
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Today, 19/02/2016, the Law and Justice Party brought to the Sejm (lower chamber of the Parliament) a project of an Act on wind turbines investments.
The breaking points introduced with respect to the wind turbines investments are:
- New wind turbines may be only located on the basis of a local zoning plan;
- The minimum distance between the wind turbine and households or buildings of mixed purpose should be equal or higher than ten-times total height of the wind turbine (mast plus blade);
- Operating wind turbines which do not meet the distance requirement may only be under maintenance works;
- Operating wind turbines require obtaining a new type of operation permit from the Technical Supervision Authority (UDT) within one year from the entry in force of the Act;
- Issued building permits will remain in force under the condition that the occupancy permit will be obtained within 3-years from the entry in force of the Act;
- Where existing local zoning plans allow for location of wind turbines new building permits will not be issued if the minimum distance requirement is not met;
- Zoning decisions for wind turbines issued before the entry in force of the Act which do not comply with the minimum distance requirement expire, unless a building permit was issued before laps of this 1-year period.
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