"Solar Power Generation Banned Over Area Equivalent to Gangwon Province"... Constitutional Challenge Filed Against 'Setback Distance' Regulation

5 Environmental Groups File Constitutional Challenge Against Solar Panel Setback Regulations
"Regulations Ban Solar Installations Across Gangwon Province"
Residents Protest, Claiming Damage from Unregulated Installations

[Image source=Yonhap News]

Environmental groups have filed a constitutional complaint, arguing that the 'solar power setback distance regulation' is unconstitutional. The reason is that solar power generation is prohibited near roads or residential areas, hindering the use of eco-friendly energy. On the other hand, local residents support the regulation, saying that solar power generators could be indiscriminately installed near residential areas.

Five environmental organizations, including the nonprofit environmental group Climate Solution, held a press conference on the 8th in front of the Constitutional Court in Jongno-gu, Seoul, announcing that they would file a constitutional complaint, claiming that the solar power setback distance regulation excessively infringes on business operators' freedom of occupation and equality rights, as well as the environmental rights and pursuit of happiness of ordinary citizens.

The solar power setback distance regulation is a system that prohibits the installation of solar power generation facilities within a certain range of roads or residential areas. Although there is no such setback distance regulation in domestic law, more than 130 local governments are implementing it through ordinances.

The trigger for the constitutional complaint is Jinju City. Jinju recently announced an urban ordinance plan and strengthened the solar power setback distance regulation. Initially, Jinju regulated that solar power generation projects could not be conducted within 500 meters of sites only if there were 10 or more adjacent houses. However, the revised ordinance includes a plan to apply setback distance regulations of 200 to 300 meters even in areas with fewer than 10 adjacent houses.

"Damages Aesthetics and Causes Glare"... Regulations Persist Due to Resident Complaints

Environmental groups argue that Jinju City's strengthened setback distance regulation goes against eco-friendly policies. Choi Jaebin, a researcher at Climate Solution, pointed out, "Due to the solar power setback distance regulation, which is hard to find anywhere else in the world, the practical aspects of solar power generation are not being actively utilized," adding, "An area of 17,000 km², equivalent to the size of Gangwon Province, is prohibited from installation, reducing the potential market for solar power plants by 69.6%."

The government also believes that setback distance regulations should be minimized in principle. The Ministry of Trade, Industry and Energy recommended guidelines to local governments early last year, stating that setback distances should be limited to 'within 100 meters from residential areas' and should not apply to roads. This was because the inconsistent regulations, with some local governments setting setback distances up to 1,000 meters, caused disruptions in the spread of renewable energy.

Local residents argue that setback distance regulations are necessary. Without regulations, business operators who do not live in the area could indiscriminately install solar power generators, causing various side effects. Concerns about damaging aesthetics and causing glare are representative. It is also known that some residents have unfounded worries about health and agricultural damage.

Each local government lamented that they have no choice but to maintain setback distance regulations due to strong resident complaints about solar power projects. A Jinju City official explained, "Solar power operators bought land and left it unattended, which caused resistance among villagers," adding, "There are many complaints, including the formation of opposition committees that come to visit, so it is not easy to abolish the setback distance regulation."