The Ministry of the Environment of Finland has published a draft government proposal for a new Land Use Act. One of the most significant proposals made therein concerns a statutory minimum distance from wind turbines to residential areas. The document also recognizes the need to increase the distance between wind turbines that follows from the increasing size of the turbines.
Most wind power projects in Finland are based on master plans that guide wind power construction. The current Land Use Act (132/1999) that regulates such plans does not include specific requirements on minimum distance from wind turbines to residential areas. Master plans are, however, subject to certain content requirements applied on a case-by-case basis, which are of relevance in the siting of wind turbines, including the distance to residential areas.
Under the draft proposal, the minimum distance between a wind turbine and an existing residential building, a residential building site with an approved building permit, or a site designated for residential use in a detailed plan would be eight times the turbine’s total height. For example, for a wind turbine with a total height of 250–300 meters, this would establish a statutory minimum distance of 2–2.4 kilometres, which exceeds the distance resulting from the application of the current criteria.
An important exception in the draft proposal is that the minimum distance requirement would not apply if the master plan is located in an area that is designated for wind turbines in a regional plan. Furthermore, deviation from the proposed minimum distance, when applicable, would be possible if all landowners and relevant rights holders within the proposed minimum distance provide their written consent.
While some stakeholders may welcome the proposed minimum distance, it has faced criticism from the wind power industry. Statements on the draft proposal can be submitted to the Ministry of the Environment until 11 July 2025.
As regards disputes over wind power master plans, the current Land Use Act provides that municipal appeals concerning plans that are significant for renewable energy production are temporarily processed on an expedited basis in administrative courts. On average, this may mean processing times of approximately 9–12 months in local administrative courts, and a similar timeframe in the Supreme Administrative Court, should a leave to appeal be granted. The current provision is valid until the end of 2028. The draft proposal would extend the validity of the provision until the end of 2032 and expand the scope of the provision also to plans that are significant for nuclear power production.
The draft proposal includes also various other changes that are not addressed herein, including modifications to planning procedures, rights of appeal, and provisions related to solar energy development. The final content of the proposed legislative changes and their implementation timeline remain subject to the ongoing legislative process.
For more information and advice in relation to renewable energy transactions, projects or disputes, please contact Sampsa Suominen, Minna Katajoki, Lotta Nahkala, Eeva Riivari and Antto Junkkari.