1. Local conflicts surrounding renewable energy

In recent years, we frequently see news reports on local conflicts surrounding the development of renewable energy projects such as mega-solar. Such reports may give a glimpse of problematic developments carried out by unscrupulous operators. While such reports contain elements of truth, they do not portray the whole picture. There is also a legal background in which sufficient mechanisms have not been established for properly coordinating the selection of sites appropriate for renewable energy development^[1].

In the past, there were repeated local conflicts over development sites for facilities such as thermal and nuclear power plants and waste treatment facilities including final disposal sites, as well as adult entertainment establishments. In response, the national government and local governments have addressed these issues through legal and institutional measures^[2], thereby establishing mechanisms for a basic level of interest coordination. A similar situation is now arising with renewable energy development, and both the national and local governments have begun to take legal measures. This article considers renewable energy and local conflicts from a legal perspective.

2. Existing laws governing renewable energy development and the local perspective

Many local conflicts related to renewable energy development involve solar power facilities (particularly mega-solar) and onshore wind power facilities. While various legal regulations exist concerning the development of such facilities, sufficient opportunities have not been established for appropriate site selection, coordination of sites, or participation by local residents.

In urban areas, sites can be appropriately selected through zoning under the City Planning Act. However, large-scale renewable energy developments are generally located outside city planning areas where such regulations do not apply. Consequently, the City Planning Act cannot be applied to ensure the appropriate selection of sites. Even outside city planning areas, farmland is subject to regulations under the Cropland Act and the Act on Establishment of Agricultural Promotion Areas, while forests are regulated under the Forest Act. In addition, land development activities such as the construction of embankments are regulated under laws such as the Act on Regulation of Housing Land Development and Specified Embankment. While these regulations can restrict development in inappropriate locations, they are primarily aimed at protecting farmland and forests and preventing disasters. As such, they do not extend to facilitating site coordination from the perspective of the local environment or incorporating local opinions^[3].

Furthermore, projects involving the installation of wind or solar power plants above a certain scale are subject to environmental impact assessments^[4], thereby providing opportunities for explanatory meetings and for local governments and residents to submit opinions. However, environmental impact assessments are generally conducted after the site has already been determined, and the assessments rarely function as a mechanism for prior site coordination. They also involve technical aspects such as assessment methods and content, which can make it difficult for residents to submit substantive opinions. Thus, while these assessments serve as a mechanism to require environmental consideration by operators, they do not function as a system for appropriate selection of sites in a manner that reflects the intentions of the local community.

3. Legal responses by national and local governments

Amidst these circumstances, the national government has taken certain measures in response to conflicts related to renewable energy development. These measures have been implemented through amendments to the Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (the FIT Act), which establishes systems such as the feed-in tariff (FIT) scheme to promote the spread of renewable energy. This act provides institutional support to renewable energy power generation operators whose business plans have been certified, including the purchase of electricity generated from renewable sources at fixed prices higher than market rates. Amendments related to this certification have led to a certain extent of responses to local conflicts.

First, the certification requirements for renewable energy business plans now include the implementation of public notification measures such as holding explanatory meetings, thereby institutionalizing a certain degree of resident participation (2023 amendment). Second, if a certified operator violates laws or local ordinances, the certification may be revoked (2016 amendment). Furthermore, subsequent revisions introduced provisions for the temporary suspension of subsidies and orders for their return in cases of violations (2023 amendment)^[5]. As will be discussed below, as local governments enact renewable energy regulatory ordinances, violations of such ordinances may result in the loss of financial support under the relevant legal framework, thereby functioning as a strong deterrent.

Nevertheless, measures by the national government do not currently enable site coordination or similar functions^[6]. In practice, systems established by local government ordinances play the primary role in site coordination and resident participation.

Such renewable energy regulatory ordinances are increasingly being enacted by both prefectural and municipal governments^[7]. While specific ordinances vary among local governments, they generally stipulate requirements on renewable energy-related development such as notification or permit systems, consultations with local authorities, explanatory meetings for residents, and post-installation maintenance and management^[8].

Some ordinances also introduce more sophisticated regulations through zoning unique to the local government. Among the most notable is the Aomori Prefecture Ordinance on the Coexistence of Nature, Local Communities, and Renewable Energy^[9]. This ordinance designates regulatory zones such as protected areas (where projects are generally prohibited) and conservation areas. It also establishes opportunities for participation at multiple stages, including early-stage meetings for exchanging opinions and explanatory meetings at more concrete stages of a project. These independent regulations and procedures enable coordination with local communities. Moreover, violations of the ordinance may result in sanctions such as the revocation of certification under the FIT Act as mentioned above, thereby ensuring the effectiveness of the ordinance.

4. Coexistence between local communities and renewable energy projects

The zoning system of the Aomori Prefecture Ordinance introduced above also establishes areas designated for coexistence. Unlike protected or otherwise regulated areas, these zones are intended to promote the introduction of renewable energy while achieving harmony with the natural environment and local communities. Rather than imposing restrictions, these provisions of the ordinance aim to foster high-quality projects (this approach is referred to as "positive zoning" in pursuit of better outcomes). In recent years, greater attention is being directed toward such frameworks for guiding and creating renewable energy projects with greater benefits for local communities through coexistence^[10].

This perspective is also reflected in national-level legislation. The Act on Promoting the Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and Fisheries, enacted in 2013, makes it possible to guide renewable energy projects that conform to basic plans formulated through consultations among councils of relevant agricultural, forestry, and fisheries stakeholders, as well as local residents. Similarly, renewable energy projects that emphasize coexistence with local communities can be promoted in a comparable manner under the regional decarbonization promotion projects introduced through the 2021 amendment to the Act on Promotion of Global Warming Countermeasures^[11].

As outlined above, by employing both regulatory and facilitative approaches, efforts will likely be undertaken across various regions to shape renewable energy projects in forms that enable coexistence with local communities.

5. Widening our discussion to the sea

Finally, although it may seem that I have already thoroughly covered the topic of conflicts surrounding renewable energy, please allow me to broaden our discussion to include the sea. This is an area in which I am recently conducting research^[12].

In considering renewable energy and local communities, the legal framework for offshore wind power generation differs significantly. While the selection of sites in marine areas may appear unrelated to local communities, projects located near coastlines may have visual impacts and affect local fisheries. For offshore wind power, the Act on Promoting the Utilization of Sea Areas for the Development of Marine Renewable Energy Power Generation Facilities (renamed the Act on the Maintenance of Marine Renewable Energy Power Generation Facilities following its 2025 amendment) establishes mechanisms for involving relevant prefectural and municipal governments, as well as local fisheries organizations, as members of councils from an early stage of the process. Legally, these councils are involved in the designation of sea areas for offshore wind power generation development. However, in practice, they are also operated in a way that reflects the opinions of local governments and fisheries organizations in the selection of project operators. As a result, the intentions of local authorities are reflected in decisions regarding the selection of sites and operators^[13]. Consequently, although local conflicts are not entirely eliminated, the council system tends to reduce the likelihood of such conflicts.

As discussed throughout this article, diverse legal responses have been developed within the broad theme of renewable energy and local communities. Because renewable energy projects have a certain level of impact on local communities and utilize local natural resources, it is desirable that their development and implementation proceed in a manner that enables coexistence with local communities. Renewable energy generation plays an important role in achieving decarbonization. Further development in legal practice and continued examination from the perspective of legal scholarship will likely be needed regarding the appropriate design of the legal framework governing a relationship between renewable energy projects and local communities. I myself am engaged in research from this perspective.

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[1] See the third page of the "Overview" in the "Survey Report on the Installation of Solar Power Generation Facilities," published by the Ministry of Internal Affairs and Communications (2024).
https://www.soumu.go.jp/menu_news/s-news/hyouka_240326000172382.html
[2] In many cases, local governments have taken the lead through various measures including ordinances, followed by the development of legal systems by the national government. Even after national legal frameworks have been put in place, where they prove insufficient from the perspective of local governments, those governments continue to coordinate local interests through their own ordinances and similar measures (for example, procedural ordinances governing the siting of waste treatment facilities).
[3] Regarding installation, solar and wind power generation facilities are subject to regulation under the Electricity Business Act. However, such regulations focus primarily on technical aspects and do not establish procedures for site coordination or resident participation.
[4] Solar power plants have been subject to environmental impact assessment since 2020. Even when not covered under national law, they may be subject to assessment under local government ordinances.
[5] Solar Journal, "METI Revokes 55 FIT/FIP Certifications: Initial Application of Order for Return of Subsidies"
https://solarjournal.jp/policy/63325/
[6] In the case of mega-solar projects, several problematic cases have been widely reported. Since 2025, a ministerial conference on large-scale solar power generation projects has been held to examine legal regulations and operational changes.
https://www.cas.go.jp/jp/seisaku/megasolar/index.html
[7] See "Ordinances on the Regulation of Solar Power Generation Facilities," published by Research Institute for Local Government.
https://www.rilg.or.jp/htdocs/img/reiki/005_solar.htm
[8] Local governments may also enforce certain regulations from a landscape perspective through landscape plans under the Landscape Act or through their own landscape ordinances.
[9] Aomori Prefecture Ordinance on the Coexistence of Nature, Local Communities, and Renewable Energy
https://www.pref.aomori.lg.jp/soshiki/kankyo/kankyo/reene_kyousei_jyourei_seido.html
[10] In addition, the Iida City Ordinance on Sustainable Regional Development through Introduction of Renewable Energy (Regional Environmental Rights Ordinance) promotes coexistence through forms such as community ownership; i.e., an arrangement in which residents and neighborhood associations hold ownership or make investments.
[11] However, it is difficult to say that these systems are fully utilized. On the other hand, there has been widespread adoption of "agrivoltaics," which allows coexistence with agricultural activities and is permitted in practice under the Cropland Act.
[12] For example, Horasawa, H., "Offshore Wind Power Generation and Environmental Law," Hogaku Kyoshitsu (Magazine for Law Students) No. 544 (2026), pp. 44 et seq.
[13] However, this applies only to projects located within territorial waters; different mechanisms apply in the case of projects in exclusive economic zones (EEZs), where, aside from fisheries stakeholders, the involvement of local actors is not provided for by law.

Hideo Horasawa／Professor, Faculty of Law, Chuo University
Areas of Specialization: Administrative Law, Urban Law, and Environmental Law

Hideo Horasawa was born in 1975. He graduated from the Department of International Legal Studies, Faculty of Law, Sophia University in 1998. He completed the Doctoral Program without obtaining degree in the Graduate School of Political Science, Waseda University in 2003. After teaching at Sapporo Gakuin University and Nanzan University, he assumed his current position in 2023.
His research examines legal issues related to cities and the environment through the perspective of administrative law. In recent years, his work in the urban field has focused on legal formation and application at the local level; for example, area management and local rules. In the environmental field, he studies appropriate siting of renewable energy projects (particularly offshore wind power facilities) and environmental impact assessments. In his seminars, he teaches students interested in urban and environmental issues.
His written works include “Autonomy and Participation of Interested Parties, and Administrative and Urban Laws” (Chuo University Press, 2026) and more.

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