National Contact Point for Renewable Energy Sources

Please note that, pursuant to Article 20 of the Act on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants and Their Operation, this procedure is temporary and applies only until 31 December 2025.

The purpose of the resolution on the determination of the location of an agricultural biogas plant is to enable the implementation of the investment regardless of the existence or provisions of the local spatial development plan, while ensuring compliance with the municipality’s study of conditions and directions of spatial development and the resolution establishing a cultural park. This allows for control over the location and compliance of the investment with the municipality’s spatial policy.

The resolution is required when the planned investment is to be implemented regardless of the existence or provisions of the local spatial development plan, provided that it is not contrary to the municipality’s study of conditions and directions of spatial development and the resolution establishing a cultural park, and the municipal council has adopted a resolution on the determination of the location of the agricultural biogas plant.

1. A base map or, if unavailable, a cadastral map from the national geodetic and cartographic resource, covering the area concerned by the application and the area affected by the investment, at a scale of 1:500 or 1:1000, in the following form:
   1. Electronic – in the applicable national spatial reference system
   2. Paper
2. Definition of the boundaries of the area covered by the application
3. For an agricultural biogas plant whose activity involves the production of:
   1. Electricity – specification of the maximum total installed electrical capacity
   2. Heat – specification of the maximum total thermal capacity
   3. Agricultural biogas – specification of the maximum annual production capacity of agricultural biogas
   4. Biomethane – specification of the maximum annual production capacity of biomethane from agricultural biogas
4. Specification of the substrates used for the production of agricultural biogas, electricity from agricultural biogas, heat from agricultural biogas, or biomethane from agricultural biogas
5. Analysis of the connection of the agricultural biogas plant to the technical infrastructure
6. Description of the agricultural biogas plant, including:
   1. Water and energy demand, methods of wastewater disposal or treatment, other infrastructure needs, and waste management methods
   2. Planned land development and characteristics of the buildings and land use, including the intended use of the proposed construction facilities, presented in both descriptive and graphic form
   3. Key technical parameters of the agricultural biogas plant and data characterizing its environmental impact
7. Indication of the properties, according to the land and mortgage register and cadastral records, on which the agricultural biogas plant facilities are to be located
8. Indication of the extent to which the planned investment does not comply with the provisions of the local spatial development plan, if the application concerns an area covered by such a plan
9. Confirmation that the planned investment is not contrary to the municipality’s study of conditions and directions of spatial development and the resolution establishing a cultural park

1. A document confirming compliance with the conditions specified in Article 3(1) of the Act of 13 July 2023 on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants
2. A statement from the investor with the following wording:
   “I am aware of the criminal liability for making a false statement under Article 233 § 6 of the Penal Code. I declare that I am an eligible entity referred to in Article 3(1) of the Act of 13 July 2023 on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants and Their Operation, and that the planned agricultural biogas plant covered by this application meets the conditions specified in Article 4(1) of that Act.”
3. A statement from the investor confirming that there is no conflict between the location of the agricultural biogas plant and the investments referred to in Article 18 of the Act of 13 July 2023 on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants
4. An environmental decision, if required under the Act of 3 October 2008 on Access to Information on the Environment and Its Protection, Public Participation in Environmental Protection, and Environmental Impact Assessments (Journal of Laws of 2023, items 1094, 1113, 1501, and 1506)

The investor submits an application for the determination of the location of an agricultural biogas plant to the competent municipal council via the mayor (village head, town mayor, or city president).

If the application does not meet the requirements listed above, the mayor shall request the applicant to correct the formal deficiencies, setting a deadline for their correction not exceeding 14 days, and informing that failure to correct the deficiencies will result in the application being left unprocessed.

No later than 3 days from receiving the application, the mayor shall publish the application and its attachments on the municipality’s Public Information Bulletin (BIP) website, or, if the municipality does not have a BIP website, on its official website. The publication must include the form, place, and deadline for submitting comments on the application, counted from the date of publication. The mayor shall also announce the publication in a manner customary in the locality.

Comments may be submitted in paper form or electronically using the means of electronic communication referred to in the Act of 18 July 2002 on the Provision of Services by Electronic Means, within 21 days from the date of publication.

No later than 3 days from the date of publication, the mayor shall notify the competent authorities and entities referred to in Article 20(12) of the Act of 13 July 2023 about the possibility of submitting opinions.

These authorities must submit their opinions within 21 days of receiving the notification. Failure to submit an opinion within this period is considered as no objections. The mayor shall forward the received opinions to the investor no later than 3 days after receiving them.

No later than 3 days from the date of publication, the mayor shall request agreement on the application from the competent:

1. Geological administration authority

2. Voivodeship monument conservator

3. Road administrator

These authorities must provide their agreements within 21 days of receiving the request. Failure to respond within this period is considered as agreement. The mayor shall forward the received positions to the investor no later than 3 days after receiving them.

Until the resolution is adopted, the investor may modify the application. Modifications may result from submitted comments, received opinions, and agreements. In case of modification, the provisions of Article 20(1–15) of the Act of 13 July 2023 shall apply.

The mayor shall submit to the municipal council the draft resolution along with the opinions, comments, and results of the agreements. If the application concerns an area covered by a local spatial development plan, the mayor shall also submit an eco-physiographic study and an environmental impact forecast prepared for the purposes of that plan.

The determination of the location may not be made conditional on the investor’s commitment to fulfill obligations or conditions not arising from separate regulations.

The municipal council shall adopt a resolution on the determination of the location or refusal to determine the location within 60 days from the date the investor submits the application.

If the resolution cannot be adopted within the 60-day period, the chairperson of the municipal council must notify the investor within that period, stating the reasons for the delay and indicating a new deadline for adopting the resolution, which may not exceed 30 days from the end of the initial 60-day period.

Municipal council.

The resolution expires if, within 3 years from the date of its publication in the voivodeship official journal, the building permit for the agricultural biogas plant has not become final. The municipality shall notify the investor of the expiration no later than 7 days from the date of expiration.

The service is free of charge.

There is no possibility to appeal; however, the resolution may be challenged before an administrative court after first requesting the municipal council to rectify the identified violation of law.

It is recommended to contact the competent authority to confirm whether the application may be submitted electronically.