The Government Wants to Abolish It... Solar Power Setback Distance Adoption by Local Governments Increases 16-Fold in 4 Years

Assemblyman Gu Ja-geun "If Policy Is Forced, Side Effects Erupt Nationwide"

[Asia Economy Reporter Moon Chaeseok] Contrary to the government's principle of restricting the application of setback distances to expand solar power generation, the number of local governments applying setback distances is increasing. This is interpreted as being influenced by residents' complaints and safety concerns. There are criticisms that the policy is being pushed forcefully despite not matching reality.

According to data received by Koo Ja-geun, a member of the National Assembly's Industry, Trade, Energy, Small and Medium Enterprises Committee from the Ministry of Trade, Industry and Energy and the Korea Energy Agency on the 7th, the number of basic local governments that have enacted ordinances regulating setback distances when installing solar power facilities increased from 8 in 2016 to 128 as of this year. This corresponds to more than half (57%) of the 226 basic local governments nationwide.

Currently, the 128 local governments stipulate through ordinances that solar power facilities must be installed at certain distances, with roads requiring a minimum of 50m to 1km (average 331m) and residential facilities requiring 50 to 600m (average 332m). This is because residents feel discomfort and file complaints about solar power facilities being installed close to roads and residential areas due to safety concerns.

This situation is out of sync with government policy. Previously, the Ministry of Trade, Industry and Energy prohibited local government heads from setting or operating setback distance standards for solar power facilities through the 2017 "Solar Power Facility Location Guidelines." Exceptions were allowed only if the setback did not exceed 100m.

However, since the announcement of the guidelines, no local government has abolished setback distance regulations, and rather, many local governments are newly introducing setback distance restrictions.

A bigger issue is that local governments applying setback distance regulations face disadvantages in government projects.

The Ministry of Trade, Industry and Energy introduced a system in 2018-2019 to award or deduct points based on the degree of setback distance regulation when evaluating local governments for selecting solar power project support targets.

In the case of convergence support projects, if the setback distance exceeds 200m, a maximum of 3 points are deducted. Considering that the average road setback distance of the 128 local governments is 331m and the average residential setback distance is 332m, most will receive a 3-point deduction.

In legal disputes between local governments and solar power operators over setback distance regulation ordinances, the Supreme Court has ruled in favor of the local governments.

In 2016, solar power operators in Cheongsong, Gyeongbuk applied for development permits for solar power construction, but when Cheongsong County rejected the application citing setback distance regulations, they filed a lawsuit.

In 2017, the Daegu District Court ruled in favor of the solar power operators, but last year the Supreme Court overturned and remanded the case, stating, "As long as the legitimacy and necessity of setback distance regulations for solar power facilities installation within Cheongsong County are recognized, it cannot be seen as contrary to the purpose of legal delegation or unfair."

Representative Koo said, "While the government is pushing for the expansion of solar power, the reality is that residents do not want solar facilities near their homes," adding, "If the government tries to forcibly expand solar power ignoring safety and residents' opinions, side effects will occur across the country."

This content was produced with the assistance of AI translation services.