Energy & Enviroment /

An opportunity for green energy development in Poland? New regulations on biogas and biomethane

For many years, Poland has had significant but still underutilized potential in the production of energy from biogas and biomethane. Although the country possesses rich raw material resources- primarily in the form of agricultural, municipal, and industrial waste- the development of this sector has long been hindered by inconsistent legal regulations, the lack of a dedicated support system, and insufficient incentives for investors.

Recent legislative efforts, including a key self-amendment to the draft act, mark a new chapter for biogas and biomethane plants, offering an opportunity for dynamic growth in this segment of renewable energy sources.

Biomethane straight to the consumer: amendment UD89 opens direct pipeline system

On April 28, 2025, the Ministry of Climate and Environment introduced a self-amendment to the draft amendment of the Act on Investments in Wind Power Plants and Certain Other Acts (UD89).

The most significant change proposed in this self-amendment is the extension of previously planned regulations on direct pipelines- originally applicable only to biogas and agricultural biogas- to also include biomethane.

The amendment aims to simplify procedures for investors planning to build transmission infrastructure, enabling the direct delivery of biomethane to end users without using the national gas grid. This solution could significantly reduce capital expenditures, particularly in locations far from main pipelines, thereby increasing the economic viability of biomethane projects.

Another key change is the inclusion of biomethane- just like biogas- in technical and construction regulations, reflecting its physicochemical properties such as flammability and explosion risk. This will ensure uniform safety standards for all renewable gases transported via direct pipelines.

Biogas and biomethane quality parameters and RES auctions for biomethane >1 MW

The self-amendment also grants new powers to the minister responsible for climate, who will be obliged to define- through regulation- the quality parameters of biogas, agricultural biogas, and biomethane, as well as the methods for their measurement and monitoring. This measure aims to ensure high fuel quality while taking environmental and end-user safety concerns into account.

As part of the legislative reform, the support system for biogas and biomethane producers has been expanded. One of the most important elements of the new regulations is the introduction of an auction system for RES installations producing biomethane with a capacity above 1 MW. This mechanism is intended to scale up biogas projects and improve their profitability.

One of the most important elements of the new regulations is the introduction of an auction system for RES installations producing biomethane with a capacity above 1 MW. This mechanism is intended to scale up biogas projects and improve their profitability.

In a broader context, these regulations align with a deregulatory trend aimed at supporting the development of local, decentralized renewable energy sources.

The changes are expected to stimulate the creation of new biomethane installations, particularly near industrial facilities and within the transport sector.

The new provisions strengthen biomethane’s position as a low-emission alternative to natural gas, facilitate its integration into the local energy market, and support the development of a circular economy. An additional benefit is the effective utilization of organic waste- including agricultural residues- which supports local communities and counteracts their marginalization.

Will this package unlock the biomethane market? Implications for investors and the state

Biomethane is one of the most promising renewable fuels. It can be injected into the gas grid, compressed or liquefied, and used as a transportation fuel. Its production is part of the circular economy and enables the efficient use of organic waste, particularly from the agricultural sector.

The new regulations could trigger the long-awaited development of this sector. Simplifying administrative procedures, introducing support mechanisms, and opening the market to investors will increase the number of installations, improve their profitability, and reduce Poland’s dependence on imported fossil fuels.

This is also a chance to enhance local energy independence and improve the country’s energy security.

The Wind Farm Act: end of 10H, green light for new capacity until 2030.

In parallel with the regulations on biogas and biomethane, the government has taken steps to support the development of onshore wind energy.

In March 2025, the Council of Ministers adopted an amendment to the so-called Wind Farm Act, aimed at unblocking investment in new wind power plants.

The most groundbreaking change is the departure from the restrictive 10H rule (a minimum distance of ten times the turbine height from residential buildings) in favor of a fixed minimum distance of 500 meters. Construction is contingent on the adoption of a local zoning plan and approval by the municipal council. This reform significantly increases the availability of land for investment and could result in a 60-70% increase in installed capacity, translating into an additional 6 GW by 2030.

The most groundbreaking change is the departure from the restrictive 10H rule (a minimum distance of ten times the turbine height from residential buildings) in favor of a fixed minimum distance of 500 meters.

The amendment also supports the modernization of existing wind farms (so-called repowering), allowing older turbines to be replaced with newer, more efficient models in reduced numbers. This enables the doubling of farm capacity while minimizing landscape impact.

Additional investor incentives include exemption from advance payments, lower grid connection fees, and shorter administrative procedures.

The concept of the virtual prosumer has also been expanded. At least 10% of a wind farm’s capacity must be made available to residents of the municipality in which the installation is located. After the amendment, this solution was extended to neighboring municipalities, increasing public acceptance and supporting local participation in the energy transition.

The new regulations also set minimum distances from protected areas:

  • National parks- 1,500 meters
  • Natura 2000 areas- 500 meters
  • National roads- a distance equal to the turbine’s height (so-called 1H rule)

Is this the target model for renewable energy sources? Synergy between wind and biomethane in Poland’s transition

Both the Wind Farm Act and the regulations on biogas and biomethane are part of a broader strategy for Poland’s energy transition.

Wind energy, as one of the cheapest sources of electricity, contributes to lowering energy costs—which is particularly important for energy-intensive industries. Biomethane, due to its flexibility and compatibility with existing infrastructure, can serve as a green fuel for transportation, heating, and industry.

The synergy between these two sectors makes it possible to build a sustainable energy system based on local resources while reducing dependence on fossil fuels.

Additionally, revenues from investments in renewable energy can strengthen local government budgets and support regional development.

The development of green energy in Poland

The new regulations on biogas and biomethane, combined with the Wind Farm Act reform, represent a breakthrough in the development of renewable energy in Poland. Simplified procedures, deregulation, and clear rules for investors create a favorable environment for green energy growth.

Is your company ready? Contact us if you are planning to invest in biogas or biomethane.
We will help you safely navigate the legal process and use the new regulations to your business’s advantage!

Author team leader D&P Legal Anna Cichoń
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