Optimization of the environmental licensing process of wind energy projects

The Ministry of Environment and Sustainable Development issued Decree 1186 dated November 10, 2025 (the “Decree”), which adds a new chapter to Decree 1076 of 2015, creating an optimized procedure for the environmental licensing of wind projects with an installed capacity between 10 MW and 100 MW- LAEólica. The objective is to accelerate the just energy transition, reduce environmental impacts, and provide legal certainty, including specific rules for developments in Forest Reserve Zones established by Law 2 of 1959.

The Decree, among other things, grants ANLA the exclusive authority to evaluate and decide on the LAEólica, and allows for the incorporation of connection assets without requiring an Environmental Alternatives Diagnosis, provided that the inclusion criteria described below are met. If a project does not meet those criteria, it must undergo the regular environmental licensing procedure.
To qualify for the LAEólica, the project must simultaneously meet the inclusion criteria related to location, design, and technology. These include, among others:

1. Location criteria:

• Location within CORINE land cover categories 1, 2, or 3 (scale 1:10,000), with strict limits on forest use.
• The project must not overlap with watercourses, buffer zones or protection areas for springs, or water sources; coastal and marine areas are excluded. It must be located at least three thousand (3,000) meters from the coastline and from SINAP zones important for birds and bats, and at least one thousand (1,000) meters from the boundaries of SINAP-protected areas.
• A minimum separation between wind farms equivalent to ten (10) times the turbine height and a minimum distance of five hundred (500) meters from housing, populated centers, or settlements is required.

2. Criteria on technology adoption and design:

• Automated detection systems or smart shutdown mechanisms in response to flying fauna, modulation of nocturnal cut-in speed to mitigate barotrauma in bats, aerodynamic blade designs to reduce noise and turbulence, effective deterrent devices, a minimum turbine height of forty (40) meters, and a direct occupation area of one (1) hectare per turbine (including platforms, roads, substations, and maneuvering areas).
• ANLA may update these technologies and measures through circulars, providing a six-month transition period, without affecting projects already licensed or under review of Specific Terms of Reference or environmental impact study evaluation.

To request a LAEólica, the applicant must submit a request for Specific Terms of Reference-TdR, including: the coordinates of the area to be intervened, the infrastructure layout, a description of project phases, and technical justification demonstrating compliance with inclusion criteria. This request must be responded to by the ANLA within fifteen (15) days or reject them within five (5) days if requirements are not met. The TdR will be valid for one (1) year from the business day following their issuance. It is important to note that simultaneous processing of the Wind License and the ordinary environmental license is not allowed; however, a transition regime is provided for applicants to withdraw from the ordinary process and adopt the LAEólica process, upon payment of the corresponding fees.

In addition to the above, it is established that a Social Management Strategy must be implemented, which in no case replaces prior consultation, where applicable. Likewise, regarding compensation, the implementation of Energy Communities and related productive linkages is allowed as the main sustainable use measure.

Additionally, the Decree provides that, within the framework of projects developed under the Wind License, projects are considered of low environmental impact and social benefit and therefore do not require forest reserve clearance, as long as no new roads or accesses are required and the inclusion criteria are met. This applies to wind projects greater than 5 MW and up to 100 MW in Type C Zones, and wind projects of up to 5 MW in any forest reserve classification.

In conclusion, the Decree reduces evaluation timelines, clarifies technical and locational parameters, and strengthens legal certainty for medium-scale wind projects. It also streamlines the development of such projects with the aim of minimizing critical impacts and socio-environmental conflicts, while enabling compensation schemes aligned with local development and Energy Communities.