The Ministry of Economic Affairs to Revise Photovoltaic Distance Regulations, Set to Take Effect in Q1

To resolve disputes over the distance between photovoltaic (PV) facilities and residential areas, the Bureau of Energy under the Ministry of Economic Affairs plans to revise landscape principles. Previously, only PV sites over 2 MW were required to adhere to setback regulations. The revised rules will apply to all PV sites regardless of size, setting a dividing line at 2 hectares with different setback distances. The new rules are expected to take effect in the first quarter of this year.

Key Changes in the New Regulations:

• Sites of 2 Hectares or Larger: Must have a minimum setback of 20 meters on all sides or a 15-meter setback combined with a 1.5-meter-high green hedge.
• Sites Smaller than 2 Hectares: Must maintain a setback of at least 5 meters from residential buildings.
• Transformer Substations: Must have a setback of 20 meters to minimize noise impacts.

Background:

In the past, ground-mounted PV facilities were mainly installed on non-urban land and located far from residential areas. As a result, the "Guidelines for Landscape and Ecological Environmental Review of Ground-Mounted Solar PV Facilities" only required PV sites larger than 2 MW (typically covering about 2 hectares) to comply with setback regulations.

However, with an increase in PV installations on construction land within residential areas, disputes have escalated. For instance, recent cases include planned PV sites directly behind residential homes, sparking local protests and delaying project approvals.

New Approach:

The Bureau of Energy revealed that three stakeholder meetings with local governments and industry representatives were recently held, achieving a consensus that all PV sites, regardless of size, should maintain a certain distance from residential buildings. The revised regulations will use land area, rather than capacity, as the key standard.

Officials explained that although capacity was previously used as the benchmark, local governments noted practical challenges. For example, some applications claimed capacities under 2 MW but covered over 5 hectares of land, prompting the shift to area-based regulations.

Timeline and Additional Measures:

According to the draft amendment, the changes will extend regulations to smaller sites and expand setback requirements to include residential and commercial construction land. A public notice of the draft is expected before the Lunar New Year. Projects that have not yet obtained construction permits will need to comply with the new regulations.

To accelerate PV deployment, the Ministry of Economic Affairs is also revising other rules, such as the "Electricity Registration Regulations" and the "Guidelines for the Use and Supervision of Electricity Development Assistance Funds." The ministry will collaborate with the Ministry of Agriculture to implement a "fast-track" review mechanism for land-use changes and agricultural land permits (e.g., solar-fishery and solar-agriculture co-existence projects), aiming to address development bottlenecks effectively.

(Source: Central News Agency)