Government decree on reference values for outdoor noise of wind power plants

The Government has today issued a decree on reference values for outdoor noise emissions of wind power plants. The Government decree sets forth reference values for outdoors noise emissions of wind power plants to be applied in the areas specified in the decree. The introduction of the new decree will first and foremost streamline the current administrative practice and clarify the applicable administrative guidance regarding spatial planning and permitting of wind power plants in Finland.

The Government decree sets forth reference values for outdoor noise of wind power plants of 45 dB (day time) and 40 dB (night time) applicable to vacation homes and residential buildings, health care centers, educational facilities as well as recreational and camping areas. The night time reference values shall not be applied in regard to educational facilities or to recreational areas. Reference value of 40 dB (day/night time) shall be applied in regard to national parks.

However, there is a 5 dB penalty that will be added to the measured noise level in context of impact supervision in case the noise reaches the impacted area in impulses or in a narrow band.

Pursuant to the Government decree, the values for indoor noise emissions are set forth in the Health Protection Act (Terveydensuojelulaki, 763/1994) and the regulations issued on basis of the Act.

The Government decree will enter into force on 1 September 2015. As a rule, the Government decree will not be applicable to such wind power plants that already have a legally binding building or environmental permit. Instead, the new decree is applicable to all spatial planning proposals that are publicized after the decree has entered into force as well as in such permitting procedures under the Land Use and Building Act (132/1999) and the Environmental Act (527/2014) that have become pending after the decree has entered into force.

The new decree will also be applied in the event the environmental permit will be subject to amendments or the need for an environmental permit needs to be reassessed, for instance, due to neighbor complaints. Furthermore, the new decree will be applicable if a court of appeals revokes the environmental permit and refers the matter back to the permitting authority.

Should you require additional information, we would be happy to discuss the new Government decree and its impact with you.