As the global energy sector shifts toward renewable energy, wind power plants (WPPs) have become a cornerstone of sustainable energy projects. In Turkey, the legal framework for establishing wind power plants is both extensive and complex. It aims to balance energy efficiency, environmental protection, public interest, and investor security.
In this article, we will discuss the legal requirements, licenses, permits, and regulatory steps needed to establish a wind power plant in Turkey. We will also explore the environmental, financial, and operational obligations that investors must meet.
1. Legal Framework for Wind Power Plants in Turkey
Several laws and regulations govern the establishment of wind power plants in Turkey:
- Law No. 6446 on Electricity Market
- Law No. 5346 on the Use of Renewable Energy Resources (YEK Law)
- Environmental Law No. 2872 (for Environmental Impact Assessment – EIA)
- Energy Market Regulatory Authority (EPDK) Licensing Regulations
- Zoning Law No. 3194
- Occupational Health and Safety Law No. 6331
The Energy Market Regulatory Authority (EPDK) is the key regulatory body responsible for granting licenses for electricity generation and overseeing compliance. Additionally, the Ministry of Environment, Urbanization, and Climate Change and General Directorate of Forestry may be involved if the project site affects protected land or forests.
2. Land Selection and Zoning Requirements
2.1. Land Feasibility
The first step in establishing a wind power plant is selecting suitable land with sufficient wind potential. The site must:
- Be compatible with the municipality’s zoning plans.
- Be located in an area with adequate wind measurements (usually verified with at least 12 months of wind data).
- Avoid conflict with residential areas, military zones, and protected natural sites.
2.2. Zoning and Expropriation
- If the selected land is not designated for energy generation, investors must request zoning plan modifications from local municipalities.
- In some cases, expropriation may be required for public interest, which must be approved by the Energy Ministry.
3. Environmental Impact Assessment (EIA)
Environmental protection is critical for renewable energy projects.
- EIA Process: Wind power plants with a capacity of 25 MW or more are subject to a mandatory Environmental Impact Assessment under Law No. 2872.
- EIA Exemption: For projects under 25 MW, the authorities may issue an “EIA Not Required” letter.
- The EIA report includes detailed assessments of:
- Noise levels
- Bird migration routes
- Impact on flora and fauna
- Landscape and visual impact
Approval of the EIA is a prerequisite for obtaining a generation license from EPDK.
4. Licensing and Permits from EPDK
4.1. Pre-License Application
Before building a wind power plant, investors must apply for a pre-license (ön lisans) from EPDK. This allows the investor to:
- Conduct feasibility studies
- Secure land rights
- Obtain necessary technical approvals (e.g., grid connection)
The pre-license is typically valid for 24 to 36 months and cannot be transferred to another entity.
4.2. Generation License
Once the pre-license requirements are fulfilled, the investor can apply for the electricity generation license. The documents needed include:
- Corporate documents (trade registry gazette, articles of association)
- Technical project designs
- EIA approval
- Land title deeds or long-term lease agreements
- Grid connection agreement from TEİAŞ (Turkish Electricity Transmission Corporation)
The generation license is generally valid for up to 49 years.
5. Grid Connection and Technical Approvals
A wind power plant must be connected to the national grid to sell electricity. This requires:
- Connection Agreement with TEİAŞ or the relevant distribution company.
- Compliance with technical grid standards (such as voltage and frequency requirements).
- Investment in transformer stations or substations if required.
Failure to obtain grid approval will prevent the plant from operating commercially.
6. Construction and Safety Regulations
During the construction phase:
- Building permits must be obtained from the municipality or provincial directorates.
- The construction must follow TSE (Turkish Standards Institution) norms and international safety standards.
- Occupational safety protocols under Law No. 6331 must be strictly enforced, including:
- Safety harnesses for tower assembly
- Proper training for construction crews
- Compliance with ATEX standards for electrical installations
7. Incentives and the YEKDEM Mechanism
The Turkish government supports renewable energy projects through the Renewable Energy Resources Support Mechanism (YEKDEM):
- Investors selling electricity to the grid can benefit from feed-in tariffs, which guarantee a fixed price per kWh for a specific period (typically 10 years).
- Additional incentives are available if local equipment is used in the construction of wind turbines.
8. Operational and Reporting Obligations
After the wind power plant becomes operational, the license holder must:
- Submit monthly electricity generation reports to EPDK.
- Maintain regular inspections and maintenance of turbines.
- Comply with noise and environmental regulations during operations.
- Participate in TEİAŞ balancing markets and ensure grid stability.
9. Legal Risks and Disputes
Wind energy projects can face legal disputes such as:
- Land ownership disputes (especially when expropriation is involved).
- Environmental lawsuits by NGOs or local communities.
- Grid access conflicts with other energy producers.
These disputes often require expert legal representation and may involve both administrative and civil courts.
10. Timeline for Establishing a Wind Power Plant
On average, establishing a wind power plant takes 2 to 4 years, depending on:
- The speed of licensing and permitting processes.
- Completion of environmental assessments.
- Construction and grid connection works.
11. Why Legal Expertise Is Crucial
The legal process for establishing a wind power plant involves multiple agencies and technical requirements. A lawyer specializing in energy law can:
- Draft and review pre-license and license applications.
- Handle expropriation and zoning issues.
- Assist in grid connection negotiations.
- Defend against potential environmental or administrative claims.
12. Conclusion
Establishing a wind power plant in Turkey is a multi-stage legal and technical process. It involves obtaining EIA approvals, EPDK pre-licenses and generation licenses, zoning permits, and grid connection agreements. With the right planning, legal guidance, and use of YEKDEM incentives, wind power projects can be highly profitable while contributing to Turkey’s renewable energy targets.
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