Wind Power Licensing Procedures

In the case of wind power construction, regulatory control is needed for safety, landscape and environmental reasons, among others. The construction of a wind power plant always requires either a building permit or an operating permit (Land Use and Building Act, MRL Sections 125 and 126). A light structure or small installation is also a building if it has specific land-use or environmental impacts. Thus, a building permit may also be required for a small wind turbine if, for example, it is located in a landscape-sensitive area.

The decision on whether to obtain a building permit and a building measure permit is taken by the municipal building control. The permit application is accompanied by, among other things, a site management report, the main drawings of the wind turbine and other annexes to the permit application required by the building control authority (requirements may vary from one municipality to another). In most cases, the studies carried out during the planning or environmental impact assessment are sufficient.

Other permits under the Land Use and Building Act

In some situations, the construction of a wind farm may require a derogation decision. A derogation can be granted, for example, from a plan and its regulations. However, a derogation may not be granted if it leads to construction with a significant impact or otherwise causes significant adverse environmental or other impacts.

With the amendment to Section 172 of the MRL, which entered into force in 2014, the construction of a wind turbine in an area already designated as an industrial or port area in the land-use plan is not considered a construction with a significant impact. If other conditions are met, a deviation from the zoning plan may be granted for the construction of a wind turbine.

If the wind turbines are located in a coastal area that is not specifically designated for wind energy in the plan, a derogation decision is always required for the need for planning in the coastal area.

Elsewhere online:

Wind power project licensing in Finland 5/2019

As a rule, wind farms do not require an environmental permit. Wind power construction may require an environmental permit under the Environmental Protection Act if the wind turbine may cause an unreasonable nuisance within the meaning of the Neighbourhood Relations Act due to noise or flicker.

Such impacts from wind turbine operation may arise mainly from the noise of the turbine running and the flashing of the shadow of the rotating blades. The permit is handled by the municipal environmental protection authority.

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Environmental permit (YM)

In practice, the construction of a wind farm in a water body always requires a permit under the Water Act. Construction on land also requires a permit under the Water Act if the construction will have an impact on the water body. The Regional State Administrative Agency (AVI) handles the permit application.

In practice, the consideration of a water permit for a wind turbine is based on a balancing of interests under the Water Act. A condition for granting a permit is that the benefits of the construction are significant in relation to the damage, harm or other loss of interest resulting from it. The balancing of interests takes into account not only the economic benefits of the wind turbine but also, for example, the increase in emission-free electricity production.

The harms taken into account include harm to fisheries, nearby residents and the environment. In addition, when considering the conditions for granting a water permit, account will be taken of the existing or planned development plan for the area.

The airspace in Finland is divided into two categories: controlled and uncontrolled. Controlled airspace is the protected areas around airports. In the uncontrolled area, wind energy construction is less restricted than in the controlled area.

Because of their height, industrial wind turbines are classified as aerodromes as defined in the Finnish Aviation Act (864/2014). The construction of power plants may be restricted to ensure the safety and smooth flow of air traffic.

If the planned location of the wind turbines is within the distance defined in the Aviation Act from an aerodrome, light airfield or runway of a reserve landing site, an application must be made to the Finnish Transport and Communications Agency (Traficom) for a no-fly permit for their construction.

In practice, all structures over 30 metres high near airports and over 60 metres high anywhere in Finland require an application for an anti-aircraft permit.

Changes to the Aviation Act

Amendments to the Aviation Act have been made, which entered into force on 20 February 2023, and amendments to the Act concerning flight-check services, which are intended to simplify the regulation of the flight-check process. In future, the application for an air traffic control licence will no longer need to be accompanied by a statement from an air traffic service provider, which is subject to a fee. The regulation on the air traffic control authorisation process entered into force on 1 October 2023.

Pre-flight lights for wind turbines

Airborne flares are one of the most significant environmental impacts in the vicinity of a wind turbine. Wind turbines must be marked with aeronautical warning lights for aviation safety reasons. The required obstruction lights will be included in the conditions of the permit to fly. According to Traficom guidelines, obstacles higher than 45 or 70 metres (depending on their location) must be equipped with aeronautical obstruction lights.

The guidelines allow for different types of lights, including changing them to a red light that is less striking at night, which will reduce the disturbance caused by lights to residents in the vicinity. At night, it is also possible to choose between a continuously lit or flashing light. However, it is essential for both the environment and air traffic that the flashing lights flash simultaneously.

Statement by the Defence Forces

All wind turbines with an overall height of more than 50 metres require a positive opinion from the Defence Forces before they can be built. The rotating blades of wind turbines may cause interference with Defence Forces air or sea radar. Individual small wind turbines less than 50 metres high may be built provided they are not confined to areas permanently used by the Defence Forces.

If the Defence Forces alone cannot clearly demonstrate the potential harm based on the preliminary assessment, the matter will be clarified in cooperation with VTT. The starting points for the study will include the height, location and number of power plants and the distance from, for example, radar.