Abstract

The purpose of this article is to present the legal aspects of landscape protection in the context of onshore wind energy investments in Poland, in comparison with the tendency in other European countries. Landscape protection can be considered in several contexts of meaning: natural, cultural and planning. The influence of wind farms on the landscape is identified in each of these contexts, but in the study of law, the impact of these investments on the environment and people is most often considered. Both landscape protection and the development of renewable energy sources are part of the paradigms of sustainable development. The balance between the designations of sustainable development: economy, society and environment, provides the background for the problem under study. Spatial conflicts, identified within this rule, but also within the public interest, are inevitable; both the protection of the landscape and the location of wind energy investments are in the public interest. The dynamics of wind energy development affects the landscape, causing landscape changes. This is considered a source of social tension and conflict at certain times. Public perception of wind investments in the context of landscape protection is not consistent: from approval of these investments, through a neutral approach to public resistance. In the area of the analysed issue, the principle that becomes apparent is “not in my back yard”. Polish law is lacking a unified model for landscape protection in the aspect of wind investment development, and the provisions in force are scattered in this area. The important question is how the Polish legislator implements the postulate of landscape protection and whether the regulations of the generally applicable law are adequate to the needs of landscape protection in the context of the realization of one of the most common renewable energy sources. Diagnosis of current legal barriers to the impact of wind energy investment implementation on the landscape can be presented in two ways: from a planning perspective and from an environmental perspective. For this it is required to present the concept of landscape with the rules of its protection under the European Landscape Convention. This study employs dogmatic and black-letter methods of analysing the provisions of the law in force in Poland, as well as a comparative method. The article utilizes also the method of legal semiotics, which is based on the premise that the primary focus of semiotic research on law is language. Studies have shown that the systems of countries in Europe and the world vary in this regard.