For Greater Deployment of Wind Power-- Examining Land Use Regulations and Environmental Impact Assessment
English Abridged Version

August 2017

English Abridged Version

About the English Abridged Version
The Japanese original of this report was released in April 2017 by Renewable Energy Institute, specificallyanalyzing the problems of land use regulations and Environmental Impact Assessment schemes in Japan, which are
the major factors hindering the development of wind power generation in the country.
The land use regulations and Environmental Impact Assessment schemes adopted in Japan are quite different fromthose of Germany, the United States, and other leading countries in wind power development. This English abridged
version contains extracts and partial summaries of important sections from the original report, as an attempt to
inform Japan’s international counterparts the current state and challenges that Japan is facing.
The report is based on the findings of the ‘Study Group on the Schemes to Promote Greater Deployment of Wind
Power Generation,’ established by the Institute in July 2016.

Members List
Study Group on the Schemes to Promote
Greater Deployment of Wind Power Generation◎

Keita Azechi
Sachihiko Harashina
Akira Mihoya
Kazuo Noguchi
Hisashi Saito
Fumihiko Seta
Norihiro Sugano（Alphabetical order）
Shizen Energy Inc.
President, Chiba University of Commerce
Advisor, EOS Engineering & Service Co., Ltd
Noguchi Urban Laboratory
Director, Corporate Planning Department, Japan Wind Power
Association
Associate Professor, Graduate School of Engineering,
University of Tokyo
Lawyer, R-Rights Law Office◎：Chairman

Authors
Ryo Kitakaze, Senior Researcher, Renewable Energy InstituteTakanobu Aikawa, Senior Researcher, Renewable Energy Institute

About Renewable Energy InstituteRenewable Energy Institute is a non-profit think-tank which aims to build a sustainable, rich society based on
renewable energy. It was established in August 2011, in the aftermath of the Fukushima Daiichi Nuclear Power
Plant accident, by its founder Mr. Son Masayoshi, Chairman & CEO of SoftBank Corp., with his own resources.

2

Table of Contents
Note:This table of contents includes all the chapters in the Japanese original full version.
The English version is an abridged translation, and omits “Introduction,” “Chapter 1,” “Section 3.2 of Chapter 3,”
and “Chapter 4.” “Sections 2.3 and 2.4 of Chapter 2” and “Conclusion” are summaries of the corresponding sectionsof the original report. (Chapter 2 provides the summary of Sections 2.3 and 2.4 after incorporating the outline ofSection 2.4 into Section 2.3.)* JPN: Available in the Japanese original full version only

Summary
4
Introduction: Background and purposes
1.
Land use schemes of leading countries in wind power development: Comparison
with Japan*JPN
1.1. Differences between Japan, Europe, and the United States in their land use schemes
1.2. Germany: Its land use schemes and wind power development
1.3. The United States: Its land use schemes and wind power development
1.4. Key points of land use schemes in Germany and the United States
2.
Wind power generation and the land use schemes in Japan: The current stateand challenges
7
2.1. Land use for wind power generation in Japan
7
2.2. Coexistence between agricultural land and wind power generation
10
2.3. The current state of the agricultural land use schemes, and the position ofwind power generation
16
2.4. Act on Promotion of Generating Renewable Energy Harmonized with Healthy
Development of Agriculture, Forestry and Fishery: The status of its applicationand challenges*JPN
2.5. Course of action for coexistence with agriculture
19
3.
Wind power generation and the scheme for environmental impact assessment
21
3.1. The current state of environmental impact assessment for wind power
generation
21
3.2. Status of environmental impact assessment overseas*JPN
3.3. Issues for the environmental impact assessment for wind power development
24
3.4. Offer of specific actions for improvement28
4.
Policies of prefectures and their roles for greater deployment of wind power*JPN
4.1. Setting targets of new installation capacity
4.2. Identification of areas with development potential
4.3. Coordination with municipalities for possible locations
4.4. Commitment of local governments to take active roles
Conclusion: Courses of action for improving schemes to accelerate development
31
References/Abbreviations

3

Summary
Today, the world is witnessing rapid growth in installed capacities of wind power generation, while, in Japan, wind
power development lags behind. Among the factors pointed out as lying behind the delay are restricted gridconnection of wind power plants, and higher production cost compared with other countries. In addition, the legal
framework and regulations that Japan has in place, including its land use regulations and Environmental Impact
Assessment (EIA) schemes, are also mentioned as significantly influencing realization of wind power projects.
In Japan, wind power generation can be developed at an accelerated pace only when, based on its characteristics
including location of wind power plants, the related legal framework and regulations are reviewed and reformed in
an appropriate manner. From that standpoint, this report verifies the land use and EIA schemes of Japan, illustrating
the current state and identifying challenges through comparisons with other countries, and suggests courses of action
to improve such schemes.

Chapter 1
Land use schemes of leading countries in wind power development: Comparison with Japan
Chapter 1 examines differences between Japan and selected countries in their land use schemes, and outlines theschemes of Germany and the United States, two countries leading the world in wind power development.
Japan has several separate laws that regulate land use, such as the City Planning Act, the Act on Establishment ofAgricultural Promotion Regions (Agricultural Promotion Act), and the Forest Act, and these laws impose multiple
layers of land development restrictions for their own purposes, implemented under the responsibility of competentdepartments of national or local governments respectively, without integration. Procedures for permission andapproval for land use, EIA, and other requirements under related laws and regulations have been laid down
separately. Power producers planning to develop wind power are required to go through a thick layer of proceduresto clear land use restrictions and EIA, among others, in stages or all at once.
In contrast, Germany and the United States each have in place land use schemes designed to guide power producers
to suitable locations for wind power facilities. In most cases, developable land areas are designated by state
governments, while municipal governments are authorized to grant final permission for construction. Municipal
governments zone land as urban, agricultural, and forest areas in an integrated manner. Agricultural land and forests
can be converted (change of land use) by altering the zoning. Under their land use schemes, the process for alteringzoning includes procedures of EIA, which is found helpful for individual projects to complete total procedures
quicker.
In addition, state and municipal governments are working to set higher targets for the deployment of renewableenergy. Despite some failure at the earliest stage to define appropriate positions for wind power facilities or establish
reasonable regulations for them, some governments have started reviewing present regulations to replace them withmore relevant ones.

Chapter 2Wind power generation and the land use schemes in Japan: The current state and challenges
Chapter 2 outlines the current state of land use for wind power generation in Japan, and identifies the challenges ofthe present agricultural land use control, focusing on ‘agricultural land’1, a category of land known to be suitable as
location of wind power plants while strict regulations keep it hard to construct wind turbines.
In Japan, 80 percent of the land consists of agricultural land and forests. More than 80 percent of wind power plants
coming into operation between FY 1999 and FY 2009 were built on agricultural land or forests. Most of the
agricultural land has already been leveled, generally provided with farm roads and other infrastructure, mainly
1

The term ‘agricultural land’ includes land used for cultivation, grass collection, and livestock grazing.

4

through land improvement projects. Only with favorable wind conditions, many swathes of agricultural land would
be found suitable for wind power generation. Wind power plants occupy a smaller area of land for exclusive use for
their generation capacity, a characteristic that allows them to easily coexist with agriculture. Actually, many wind
power plants have been constructed on agricultural land around Japan.
However, any development on agricultural land must satisfy stringent requirements, as it is allowed only after
clearing the strict requirements to complete 2 layers of procedures; to be eliminated from the Agricultural Promotion
Scheme under the Agricultural Promotion Act, and to convert land use under the Agricultural Land Act.
There used to be several schemes, such as the System for Land Use Plans for Revitalizing Rural Communities, andplans prepared by local governments for promoting agriculture in communities, that allowed construction of wind
power plants on agricultural land. In fact, however, the schemes were often utilized to develop large-scale shopping
centers or similar facilities. In response, tighter regulations have been introduced in a uniform manner, making wind
power plants practically quite difficult to build.
Construction of wind power plants on agricultural land remained virtually impossible until 2014, when the Act on
the Promotion of Renewable Energy Electric Power Generation Harmonized with Sound Development ofAgriculture, Forestry and Fisheries (Rural Renewables Development Act) came into effect, opening up the
possibilities of construction on agricultural land again. However, to build wind power plants in a ‘designatedagricultural zone’, the proponents are first required to cancel the status to be included in the agricultural promotion
scheme under the Agricultural Promotion Act, even before formulating the basic construction plan; hence the Rural
Renewables Development Act has been used for only a few projects so far.
For enabling wind power plants to coexist with agriculture, power producers and the national and local governments
each have important roles to play. Under any schemes regulating the use of agricultural land, the local governments
have the authority to grant major permissions and approvals, and prepare plans. Power producers planning toconstruct wind power plants would find it critical to gain the understanding of the local government there. For that
purpose, power producers must demonstrate the benefits wind power generation can bring to agriculture and theentire community in both quantitative and qualitative manners, while working to minimize adverse effects that thedevelopment might bring.
At the same time, municipal governments are expected to enhance their function as coordinator for maximizing
benefits, and minimizing any harm, that wind power projects may bring to agriculture and communities. In turn, theprefectural and national governments power producers are expected to provide municipal governments with active
support for their initiatives.

Chapter 3
Wind power generation and the scheme for Environmental Impact Assessment (EIA)
Chapter 3 focuses on the scheme of EIA for wind power projects, examining the present conditions in Japan andother countries to identify challenges and suggest specific solutions.
Since wind power plants were added in 2012 to the list of facilities regulated under the EIA Law, project risks haveincreased, as power operators find procedures more time-consuming and costly to complete. Several factors arepointed out as keeping the procedures time-consuming and costly: that in Japan, since there is little basic
environmental information, including vegetation and migration routes, that is collected, compiled, and madeavailable on a database, power producers must conduct surveys from zero basis; that Japan has adopted more
stringent assessment requirements than most countries in terms of sizes of plants, as facilities with a capacity of “10MW or more” are classified as Class-1 where EIA is mandatory; and that under the pilot program to reduce EIA
processing time carried out by the national governments, power producers must bear the risks of cost increase andre-survey.
In Germany and the United states, in contrast, surveys are completed, on average, quicker than in Japan, for several
reasons: that together with size thresholds, they have adopted concise environmental assessment (EA) as a screening
process to maintain flexibility in implementation of their schemes; that assessment is carried out while selecting

5

zones suitable for wind power plant construction, so that the zoning does not unreasonably restrict appropriate landuse; and that databases of living things and findings of municipal surveys are offered to, and shared with, potential
project proponents.
To improve EIA for wind power generation in Japan, governments and power producers must fulfill roles they eachhave. Especially, governments must, first, immediately fully develop an information infrastructure, including the
Basic Environmental Information Database; second, immediately reconsider the size threshold, based mainly on
objective data of actual impact on the environment and conditions in other countries; and third, to make sureprocedures will get shorter and quicker, reduce risks and costs that power producers bear.
In the medium- and long-term, they must introduce the process of concise EIA and screening to allow certain typesof projects to do nothing more than simplified procedures while obliging even small-scale projects to conduct a full
assessment when they are found likely to give significant impact on the environment.

Chapter 4
Policies of prefectures and their roles for greater deployment of wind power
Given that, in Germany and the United States, broader regional governments, such as states, played significant roles
for development of wind power and construction of plants, Chapter 4 focuses on roles that prefectures have to play.
Especially, the chapter deals with Hokkaido and the six prefectures of the Tohoku Region to examine realities of
their policy programs for wind power development, and identify effects they produce and challenges they are faced
with.
Targets for installation of generation capacities are set by all seven prefectures at a higher level for their existing
capacities, with a large growth estimate. Among them, Fukushima has set an especially high target, around double
its installation potential. Development promotion areas have also been specified by several prefectures, including
Yamagata and Iwate. Fukushima identifies suitable places based on wind conditions survey, prepares environmental
consideration documents for EIA, and then makes public offerings and selects tentative power producers who shouldtake over the wind conditions survey and implement the project. In the case of Fukushima, a local government
actively commits itself to a development process to mitigate the project risks for the project proponents.

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2.

Wind power generation and the land use schemes in Japan: The current state andchallenges

Chapter 2 focuses on Japan’s land use scheme, examining its current state and identifying challenges. Specifically,
this chapter outlines the current state of land use for wind power generation in Japan, focusing on ‘agricultural land,’a category of land known to be suitable as location of wind power plants for its characteristics in land use andinfrastructure development, while strict regulations keep it hard to use for construction.
2.1.

Land use for wind power generation in Japan(1)

Current state of land use for wind power generation

So far in Japan, most of the wind power plants have been constructed on agricultural land or forests. A questionnaire
survey conducted by the Ministry of the Environment (MOE) for wind power plants with a total output capacity of
10 MW or more (FY 2010; n=78), shows that among the plants that came into operation in or before FY 2003 (FY1999 - FY 2003), 52 percent are located on agricultural land and the like, and 35 percent are in forests, wilderness,
etc. Among those which came into operation in or after FY 2004 (FY 2004 - 2009), the year when the New Energy
and Industrial Technology Development Organization (NEDO) issued its “NEDO EIA Manuals for Wind Energy ”(NEDO Manual)2, 27 percent and 56 percent are located on agricultural land and in forests / wilderness, respectively.
It seems that the two groups have switched their positions in share because, as mentioned later, construction on
agricultural land has been getting more difficult.
0%20%Coming into operationin or after FY2004 -Coming into operationin or before FY2003

Wilderness/Forest

40%

60%

80%

56.4%

27.3%

34.8%

52.2%

Agricultural land/Pasture/Meadow

Factory site

100%

7.3% 9.1%

4.3%8.7%

OthersFig. 1 Land use for wind power plants (with a total output capacity of 10 MW or more)
Source: MOE (2011a)
According to the data released by NEDO, wind power plants constructed around Japan with a total output capacityof 10 MW or more in FY 1999 - 2003 and FY 2004 - 2009 have installed capacity of 456 MW (70% of the total
capacity installed during the period) and 1,240 MW (80%), respectively. In either case, the plants with a capacityof 10 MW or more represent a significantly large part on an installed capacity basis in Japan. Slightly less than 90
percent of them are located on agricultural land, forests, and the like.
2

The Manual describes basic procedures for EIA, including ways to provide information for municipalities concerned, surveys on
any possible impact to the environment after a plant comes into operation, and methodologies of estimation and assessment. It
assumes as its target plants with a total output capacity of 10 MW or more.

7

(2)

Agricultural land and forests in Japan

In Japan, as demonstrated above, most of the wind power plants are located on agricultural land or in forests. Then,
how much area of agricultural land and forests does Japan have?
Around 80 percent of Japan’s territory is covered with agricultural land and forests. Agricultural land covers 4.5
million hectares (as of 15 July 2015), 90 percent of which is found in “highly productive agricultural land,”
agriculture land located in a zone designated to be secured for agricultural use. Especially, the Hokkaido & Tohoku
region, a part of Japan with an enormous potential of wind power generation, holds 44 percent of the total
agricultural land in Japan. The region also has a larger percentage of“highly productive agricultural land,” locatedin designated agricultural zones to the entire agricultural land (Figs. 5 and 6).
100%
96%
95%
90%

90%

86%
85%

80%

75%
National
average

Hokkaido &TohokuOthersFig. 2 Share of Japan’s agricultural land located in Hokkaido and Tohoku (left)
Fig. 3 Share of highly productive agricultural land in designated agricultural zones
to the entire agricultural land (right)
Source: MAFF
Meanwhile, Japan has 25 million hectares of forests, covering 70 percent of its territory. Around 50 percent offorests, or one-third of the territory, is designated as Protected Forest. Protected Forests are designated by the
Minister of Agriculture, Forestry and Fisheries (MAFF) or the prefectural governor for public purposes, such asconservation of water sources, prevention of landslide and soil loss, and preservation and development of living
environments. There, heavy restrictions are imposed on timber-felling, land modification, and other activities fordevelopment. The Hokkaido and Tohoku regions account for 41 percent of the entire forests covering Japan.

8

(3)

Potentials of agricultural land and forests for wind power generation

How much potential do agricultural land and forests have for installation of wind power generation capacities?
Potentials of forests have been estimated by MOE in its potential survey in two patterns: “Base scenario(development banned in Protected Forests)” and “Scenario of lifting the ban on development of Protected Forests.”
For the latter, only an estimate of the national total has been released. The difference between the former (282,940
MW) and the latter (440,890 MW), or 157,950 MW, should represent the potentials of Protected Forests for
installation.
Meanwhile, potentials of the entire agricultural land in Japan for installation are unknown. The MOE’s potential
survey, mentioned above, assumes in the first place that the land use as “rice field” is a condition that bansdevelopment. “Other agricultural land” is classified as available for development, but no estimate has been madefor potentials of agricultural land separately. However, several surveys have been conducted on a limited scale toestimate potentials of selected regions or types of agricultural land. For instance, a survey was conducted in
Hokkaido to examine capacity installation potentials of abandoned agricultural land there. It picked out agriculturalcommunities with a swath of 2.0 ha or more available in them, and assumed that a wind power generation facility
with a capacity of 2.0 MW could be installed on a site. It found that the Prefecture had an estimated installation
potential of 8,222 MW, 26-fold its actual capacities installed as of the end of FY 2014 (310 MW)3.

Installation potentials(Abandoned agricultural land)

822.2

Maximum output of HEPCO(FY2010)578.8

Actual capacities installed(FY2014-end)

31
0

100

200

300

400

500

600

700

800

900

Fig. 4 Potentials of abandoned agricultural land in Hokkaido for capacity installation (10 MW)
Source: Docon (2015)(4)

Conditions of locations suitable for wind power generation

Japan is covered with agricultural land or forests over 80 percent of its land. More than 80 percent of wind power
plants are located on agricultural land and forests. Given natural conditions, such as wind conditions, as well associal conditions, such as the distance from residential areas, many swathes of land suitable for wind power
generation seem to be spotted on agricultural land and forests.
It should be noted, however, that agricultural land and forests are different in impact that might be given to thesurroundings when a wind power plant is developed there. On forests, many of the wind power development projects
are carried out along mountain ridges, as wind conditions are rather favorable there. Construction work there needs
large-scale land modification, such as lumbering and reclamation for installing and transporting wind turbines. Most
parts of the agricultural land, in contrast, have already been leveled, provided with farm roads and otherinfrastructure, mainly due to land improvement projects. Especially, the ‘highly productive agricultural land’ indesignated agricultural zone has been fully leveled mainly through grant-aided projects, with vast areas of flat landavailable. For construction work, most parts of the agricultural land only need small-scale land modification, as

3Docon (2015) Report on the Survey of Potentials of Rural Communities for Developing Renewable Energy

9roads for transportation and transmission lines for grid connection have already been prepared for them. Only withfavorable wind conditions, suitable locations for power generation could be found among them.
2.2.

Coexistence between agricultural land and wind power generation

Here in section 2.2, several examples of wind power plants constructed on agricultural land are presented. First, thissection examines the area of land needed to construct a wind turbine, one of the conditions for coexistence between
agricultural land use and wind power generation, before providing two examples of coexistence, in Hokkaido andFukushima, to present key points for construction and coexistence.
(1)

The area of land needed to construct a wind power facility

A factor lying behind cases of coexistence between agricultural land and wind power generation is the fact that asmaller plot of land is needed to construct a generation facility for its capacity. Especially, the foundation of a facility
requires quite a small area for which exclusive land use is necessary. Figure 5 shows the area of land that a wind
power plant actually needs for construction.

Fig. 5 The area needed to construct a wind turbine for power generation
Source: Japan Wind Power Association et al.
For a wind turbine with a capacity of 2 MW, a rough estimate shows that it can be constructed on a foundation of
36m² built on a leased land of 400m², and that an average area of 1,600m² requires modification for the construction,leaving an area of app. 4,000m² occupied exclusively by a blade above the ground. As shown in the cases mentioned
below, the site of a wind turbine, other than parts on which foundations are constructed for structures for its directuse, is left available for other uses, meaning that any wind turbine needs to exclusively occupy quite a limited partof the land on which it is built.
In some cases, yards and/or roads may need development for building a wind turbine or transporting materials.
When a wind turbine is constructed on a mountain ridge, a road with a width of 4 - 6m must be constructed along a
distance of several or several tens of kilometers to carry a tower and a blade to the site, and a larger area of land
must be modified in proportion. In contrast, on agricultural land, already leveled off, with roads built andtransmission lines laid around it, constructors would need to modify a smaller area of land than on forests, anadvantage of agricultural land4.

4

According to a questionnaire survey conducted by the MOE among power producers with wind power plants in operation as of 1
April 2010, they had modified land of 0.39 and 0.08 hectares per MW for construction of a plant and development of facilities,
respectively (average among all responses).

10

(2)

Examples of coexistence

Characterized by a smaller area of land they need when constructed, wind power plants can be built on agriculturalland and coexist with agriculture. In fact, many wind farms have been developed on agricultural land around Japan(Table 1). Among the examples shown in the table, many plants are located on stock farms, although wind power
plants can also be found on rice paddies and other crop fields. However, agricultural land had only been available
for development of wind power plants before tightened regulations, and other factors, made it extremely difficult tobuild one on any farm (see Section 2.3 of Chapter 2).
Below, Tomamae Green Hill Wind Farm and Koriyama Nunobiki Plateau Wind Farm are cited as cases that
demonstrate how agriculture and wind power development coexisted before regulations for agricultural land weretightened.
Table 1 Large-scale wind power plants located on agricultural land (selected)
Municipality

Name

Put into
operation in:
October 1999

Tomamae Town,
Hokkaido
Tomamae Town,
Hokkaido
Kamaishi City,
etc., Iwate

Tomamae Wind FarmTomamae Wind Villa
Power Plant
Kamaishi Wide-Area Wind
Farm

October 2000

Wakkanai City,
Hokkaido

Soya Misaki Wind Farm

November, 2005

57.0 MW(57 units)

Koriyama City,
Fukushima

Koriyama Nunobiki
Plateau Wind Farm

December, 2006

65.98 MW(33 units)

December, 2004

Scale

Land use

20.0 MW
(20 units)30.6 MW
(19 units)42.9 MW(43 units)

agricultural land (stock
farm)
agricultural land (stock
farm)
agricultural land (stock
farm)forests (national forest)
agricultural land (stock
farm)forests (national forest)
agricultural land

Source: Renewable Energy Institute

11

1)

Tomamae Green Hill Wind Farm (Tomamae Town, Hokkaido)

The Wind Farm was constructed by Eurus Energy and Electric Power Development Co., Ltd. (J-POWER), major
wind power producers, as the first large-scale wind farm in Japan. It has a total capacity of 50.6 MW, and Eurus
Energy and J-POWER put their plants into operation in 1999 and 2000, respectively. The site on which it is locatedis classified as highly productive agricultural land (municipal stock farm).

Source: Tomamae Town’s website
What should be highlighted about the construction of this wind farm is the strong commitment shown by the Town
from the earliest stage. The municipal government conducted a wind conditions survey (FY 1995 and 1996) with
grants provided by NEDO and other institutions, and released the results to the public. Then, the Town placed apublic offer for wind power generation projects on its municipal stock farm (about 300 hectares). Especially, themunicipal government played a critical role to obtain permission and approval for development on agricultural land.
At that time, stringent conditions had imposed difficulties to develop highly productive agricultural land indesignated agricultural zones. As a solution, the municipal government produced a Land Use Plan for Revitalizing
Rural Communities to apply a special measure under the Plan and enable construction of a wind power plant.
The key points regarding the Town’s coexistence with agricultural land is the fact that a mere 0.17 percent of thestock farm area (about 300 hectares) was converted into land use to construct foundations of wind turbines, and thatthe municipal farm still has 130 - 250 cows grazing on the site even after the wind turbines were built there.

12

2)

Koriyama Nunobiki Plateau Wind Farm (Koriyama City, Fukushima)

The Wind Farm, developed by J-POWER, a major wind power producer, is one of the largest wind power plants inJapan. The plant, with a capacity of 65.98 MW, came into operation in 2006. The site on which it is located isclassified as highly productive agricultural land.
The Wind Farm was constructed on a field of 230 hectares developed for agriculture after World War II at a heightof 1,000 m above sea level. For 153 hectares of the area, farm consolidation has been completed. Severe cold, heavy
snowfall, and strong wind in winter limit the agricultural season there to six months between May and October,quite tough work conditions for farmers.

Photographed by Renewable Energy Institute.
The points to be highlighted in relation to its construction process are that the power producer set up a council withlocal stakeholders (community, vegetable growers’ association, agricultural cooperative, and municipal
government) to discuss how the power generation and agriculture could coexist and the land could be usedefficiently; that the “just-in-time” method5 was adopted to efficiently deliver and assemble components to minimize
any impact on agriculture; and that the power producer carefully coordinated with growers’ associations so that theconstruction work would impose little interference with the schedule for vegetable production and shipment.
As their efforts for coexistence with agriculture, the modification on agricultural land was limited to the minimum
possible area, and all the distribution lines were laid under the ground in the site to avoid hindering farm work or
harming landscape there. Especially, on the agricultural land, merely 1.48 hectares were developed in total (0.04
hectares per unit), or less than 0.6 percent of the entire cultivated area and less than one percent of the farmconsolidation area.
Farmers there enjoy some benefits, such as, earning rents and income from wind turbine site management, andfinding greater efficiency in farm work delivered by roads built for construction. Another benefit can be found in
the services of the wind farm as a tourism resource. Cited by the Koriyama government on its official website6 as“Nunobiki Wind Plateau,” the power plant attracts a large number of tourists. Beside the site, a farmers market is
opened, helping to achieve direct sales to the tourists.
Yoshimura (2008) points out that “Temporary storage of large wind turbine components normally requires vast storage fields. At
Nunobiki Plateau, in order to avoid jeopardizing its agricultural production, the storage yard was minimized by carrying large
components from Onahama Port just in time for the assembling schedule, or the “just in time” method, which enabled improved
efficiency.”
6 https://www.city.koriyama.fukushima.jp/shise/citysales/kankou/nunobikikaze.html
513

Monument

Viewing
platform

Position of wind turbines (Rotor diameter: 70 m)
Koriyama Nunobiki Plateau Wind Farm (Koriyama City,
Fukushima; 33 units; 65.98 MW)

Fig. 6 Koriyama Nunobiki Plateau Wind Farm: Arrangement of wind turbines
Source: Second Working Group of the Subcommittee on Regulatory and Institutional Reform, Cabinet Office(3)

Lessons learned from the examples of coexistence

In the case of Tomamae Town, the municipal government actively committed itself to the project from the earliest
stage of planning, working for the permission and approval to use agricultural land, and offering its municipal stock
farm as the project site. While, in Koriyama City, a power producer formed a council with stakeholders, working
actively to build a consensus among them and care for agriculture while carrying out the project. In either case,effort and ingenuity of the power producer or municipal government enabled coexistence of power generation andagricultural land. In addition to these, other cases of successful coexistence can be found around Japan (Table 8).
Examining these examples, three general lessons can be obtained.
First, wind power generation can coexist with agriculture both in physical and social terms. As described before,
construction of wind power plants requires quite limited space of land. Especially agricultural land, already leveled
off, with roads built and transmission lines laid around it, suffers less impact from land modification than forests.
This fact should offer the backdrop against which, and the ground on which, rationale and necessity for efficient
schemes and smoother procedures can be explained.
Second, several successful examples of coexistence indicate that local governments have made active commitment
from the earliest stage of planning, while assuming significant roles in obtaining/offering permission and approval.
That suggests particular importance of cooperation from local governments in the institutional and procedural
aspects. Power producers planning to construct wind farms in a municipality whose government seems reluctant
should clarify and explain the ripple effects and significance the project could produce for local communities, inorder to gain the understanding and cooperation of the municipal government.

14

Third, in the successful cases of coexistence, power producers work, for instance, to build a consensus among
stakeholders, care about agriculture, help local communities benefit from development, and consequently develop
a win-win relationship with farmers, local governments, the neighborhood, and other stakeholders. Only whenpower producers exert efforts and exercise ingenuity can they maximize the benefits of wind power plants and raise
the possibilities of coexistence, thereby gaining the understanding of local communities. They should also discloseknow-how and other knowledge on how to build relationships with local stakeholders and minimize impact on
agriculture, so that it can be shared among them.

15

2.3.

The current state of the agricultural land use scheme, and the position of wind power generation(1)

The agricultural land use scheme of Japan: Overview

Japan has a land use scheme designed to allow the competent departments of local governments and ministries andagencies of the national government to control land use under separate regulations, such as the City Planning Act
and the Forest Act. Agricultural land is placed under especially strict control against development. Especially with“highly productive agricultural land in designated agricultural zone,” a category which covers most of the
agricultural land in Japan, any development project must satisfy stringent requirements and complete twoprocedures: to be excluded from the Scheme for the Establishment of Agricultural Promotion Regions (Agricultural
Promotion Scheme) under the Agricultural Promotion Act; and to be permitted to convert land use in accordancewith the Scheme for the Agricultural Land Conversion Permission under the Agricultural Land Act.

Fig. 10 Obtaining permission for a wind power plant project on agricultural land
Source: Renewable Energy Institute(i)

Procedure in accordance with the Agricultural Promotion Scheme (Exclusion from Agricultural Promotion
Scheme)The Agricultural Promotion Scheme assigns the national, prefectural, and municipal governments totake roles to designate highly productive areas as ‘designated agricultural zones’ where agriculture
should be promoted. As mentioned above in Section 2.1 of Chapter 2, 90 percent of the agriculturalland in Japan, and 96 percent in Hokkaido and Tohoku, regions especially rich in wind power resources,
are located in designated agricultural zones. When anyone plans to build a wind power plant on a partof agricultural land, it often turns out to be in a designated agricultural zone. In order for a wind power
plant to be constructed in the designated agricultural zone, the land must first be excluded from thezone. A set of procedures that must be completed for that purpose are referred to as "exclusion from
Agricultural Promotion Scheme.”
Exclusion from Agricultural Promotion Scheme is allowed only when all five of the strict requirements are satisfied,including that "No alternative site is available outside the designated agricultural zone" and that "Eight years havepassed since the completion of land improvement or any other relevant program administered directly by thenational government or carried out with grants it provided" (Fig. 11). Exclusion from the Agricultural Promotion
Scheme cannot be authorized by a relevant municipality at its sole discretion, as consent of the prefectural governor
is needed.

16

No other site is available as a substitute. Exclusion from the Agricultural Promotion Scheme is needed and appropriate.

No harm is anticipated to efficient and integrated use for agriculture.

No hindrance is anticipated to services of the land improvement facilities.

No obstruction is anticipated to agricultural land use consolidation.

Eight years or more have passed since completion of any land improvement project.

Fig. 11 Five requirements for the exclusion from Agricultural Promotion Scheme
Source: Renewable Energy Institute(ii) Procedures under the Agricultural Land Conversion Permission Scheme (Agricultural Land Conversion)
Even when Exclusion from Agricultural Promotion Scheme is authorized for a project site, no wind power plant canbe constructed there immediately. The next step that must be performed is to follow the procedures for AgriculturalLand Conversion Permission Scheme, specified under the Agricultural Land Act (Agricultural Land Conversion).
The Agricultural Land Conversion Permission Scheme is designed to secure highly productive agricultural land
while facilitating systematic land use. Whether Agricultural Land Conversion permission is granted for a site isdetermined by a person authorized under the Act to grant permission and approval, or the prefectural governor,
according to permission criteria. However, any area of agricultural land larger than 4 hectares can be converted toanother use only when permission is obtained from the Minister of Agriculture, Forestry and Fisheries7.
Under the Agricultural Land Conversion Permission Scheme, areas of agricultural land are classified according
mainly to their productivity and the land use around them. For any agricultural land located within a designatedagricultural zone or similar categories of highly productive agricultural land, conversion cannot be permitted inprinciple, as stricter permission criteria have been set.
(2)

History of the agricultural land use scheme, and its impact on wind power generation business

Since the period of rapid economic growth, agricultural land has been decreasing steadily, mainly along with urban
development. Half a century after peaking in 1961 at 6.09 million hectares, agricultural land area has shrunk byalmost a quarter. Among factors Takahashi (2001) points out as lying behind the phenomenon are land-use
conversion control, placed under pressure of demand from the urban areas for deregulation, having been loosened
gradually, and rapid developments having been seen in deregulation of land-use conversion control under the
Agricultural Land Act since around 1990. Regulations had been relaxed against social backgrounds of the day, suchas intensified competition between urban and agricultural land use, rising prices of agricultural land, and decreasing
successors of agriculture. The wind power plants mentioned in the preceding section as examples of development
on agricultural land were successfully constructed by applying various schemes and mechanisms adopted as part ofthe deregulation.
However, the systems intended to enable construction of wind power plants on agricultural land have since beenaltered in a manner to make them difficult to apply. With the revised Agricultural Land Act of 2009, construction ofwind power plants on agricultural land has become virtually impossible at last. Even on a site suitable for wind
power generation, a power plant is quite difficult to build if it is located in highly productive agricultural land.
In addition, the current agricultural land system presents difficulties to maintenance of wind turbines or otheroperations. For instance, before a wind turbine has a large component replaced by a crane carried in and installed
beside it, iron plates must be laid on the ground to prevent subsidence. For that, parts of the agricultural land need
temporary conversion to approach roads. Indeed, the hurdle is not so high as that for land-use conversion for
For any site measuring 2 – 3 hectares, the prefectural governor consults with the Minister before determining whether conversion
permission should be granted.
717

constructing wind turbines, but it sometimes takes two or three months just to complete procedures for temporary
conversion, a barrier to operation of wind power plants.
Even when, instead of new facilities being installed, any existing wind turbines are replaced, procedures for the
Exclusion from Agricultural Promotion Scheme and Agricultural Land Conversion must be completed, given thatwind power facilities are getting larger in size, and that expansion of their foundation area and modification of theirarrangement are expected. Wind power plants constructed under any past schemes would be faced with tighter
restrictions imposed by the stricter rules of the day.
(3)

Enforcement of the Rural Renewables Development Act, and its challenges

With the introduction of stricter rules in FY 2009 for the implementation of the agricultural land use scheme,
agricultural land became more difficult to convert to other uses, turning construction of wind turbines on agriculturalland virtually impossible. After the Great East Japan Earthquake, which occurred in March 2011, and the adoptionof an FIT system in July 2012, calls arose that construction of renewable energy power generation facilities,
including wind power plants, should be allowed on agricultural land. In response, the Act on the Promotion of
Renewable Energy Electric Power Generation Harmonized with Sound Development of Agriculture, Forestry and
Fisheries (Rural Renewables Development Act) was established, and put into effect in May 2014. The new Act
enables parts of agricultural land that satisfy specific conditions to be converted to other uses even when they arelocated on highly productive agricultural land, where no conversion had been permitted before.
However, as some point out, two years or more have passed since the Act came into effect, with few wind farms
built on agricultural land. Behind the lack of progress lie two possible factors.
First, the Act does not apply to designated agricultural zones, which cover 90 percent of all agricultural land. In any
designated agricultural zone, construction of a wind power plant can get started only after the procedures for the
Exclusion from Agricultural Promotion Scheme are completed, a high hurdle for anyone who intends to use the Act
for development.
Second, local governments, which should take the lead for effective application of the Act, have some internal
problems, especially a lack of human resources. In general, few local governments hire employees with any
expertise in wind power or other types of renewable energy. Thus, some arrangements should be made to provide
local government employees with knowledge they need, of course, and make experts available to support them.

18

2.5.

Course of action for coexistence with agriculture

So far, this chapter has outlined the state of land use for wind power generation in Japan, focusing on agriculturalland, a category of land kept by strict regulations hard to use for construction of wind power plants, to present
examples of coexistence between wind power generation and agriculture, describe the scheme for agricultural land
use in general and the current state of the Rural Renewables Development Act, and identify challenges Japan should
address. Based on examinations above, this section summarizes this chapter, specifying what course of action power
producers, as well as municipal, prefectural, and national governments, should each take to facilitate coexistence
between wind power generation and agriculture.
(1)

Power producers

Under the current scheme, agricultural land is dually regulated by the Agricultural Promotion Act and theAgricultural Land Act. It is quite difficult to satisfy stringent requirements both for the Exclusion from Agricultural
Promotion Scheme and Agricultural Land Conversion. Now, the Rural Renewables Development Act is available
to convert agricultural land, though procedures for the Exclusion from Agricultural Promotion Scheme must becompleted before constructing a wind power plant in any designated agricultural zone. Since the local governments
have the authority to grant major permissions and approvals, and prepare plans for both of the above schemes, power
producers planning to construct a wind power plant on a specific location would find it critical to gain theunderstanding of the local government there. However, cooperation of any local government would be difficult toobtain unless a power operator successfully leads the municipality to recognize benefits brought to them throughconstruction of a wind power plant, such as revitalization and development of agriculture, or increase in local
employment and tax revenue.
To obtain understanding and cooperation of local governments, power producers must demonstrate benefits wind
power generation can bring to agriculture and the entire community both in a quantitative and qualitative manner.
At the same time, as seen in the example of Koriyama City, effort must be made to minimize modified land area
and the impact on agriculture, while holding full consultation with local stakeholders. As the Rural Renewables
Development Act is used effectively, with cases of coexistence piled up, and understanding deepened among
municipalities and agriculture stakeholders, it is expected that more local governments will fully engage themselvesin development of wind power.
Once a positive cycle is established, enabling a development project to induce another, and the position of wind
power generation is recognized as a power source that promotes public welfare, especially through its contribution
to agriculture, exceptions from the Agricultural Promotion Act or Agricultural Land Act, and radical overhaul of
the Rural Renewables Development Act which still imposes strict procedures for the Exclusion from Agricultural
Promotion Scheme, would be laid on the table.
(2)

Municipality

Success of wind power generation in coexistence with agriculture also depends greatly on what actions
municipalities will take. In many cases, as seen before in the examples of Tomamae, etc., municipalities take thelead in deploying wind power generation as part of their initiatives to revitalize agriculture and local communities.
Shrinking and aging population, and its consequence - decreases in the labor force and the decline of agriculture are among the common challenges that local municipal governments must address. For facilitating sustainableagriculture, and, by extension, sustainable community management, municipal governments are expected to work
positively to consider developing wind power generation. Once an actual development project gets started, theyshould avoid relying fully on power producers, and instead have regular meetings with them as well as local
stakeholders on a regular basis to exchange information and identify needs and local challenges they have with theaim of securing coordination for smooth development. In the medium- and long-term, they are expected to enhancetheir function as coordinator for maximizing benefits and minimizing any harm that wind power projects may bringto agriculture and local communities.

19

(3)

Prefecture & state

The prefectural and national governments are expected to provide power producers and municipalities with active
support for their initiatives. The current scheme assumes that the Rural Renewables Development Act can be usedeffectively to develop wind power plants in a manner that they can coexist with agricultural land. In fact, however,
only a few initiatives have been launched since the Act came into effect two and a half years ago. Behind thissituation lie several factors, such as shortage of resources governments can deploy though they should take the leadunder the current scheme, reluctance of some governments to disclose a basic plan they have already prepared, andcoordination several departments and bureaus need to establish among them. In the short-term, the current scheme
must be improved.
Prefectural governments, richer with resources, such as people with some expertise, than municipal ones, areexpected to back up power producers and municipalities in their initiatives. Under many of the laws and regulations
concerning wind power development, the prefectural governments have the authority to grant permissions andapprovals. When a wind power plant is planned on a site located in a designated agricultural zone, procedures must
be completed for Exclusion from Agricultural Promotion Scheme, for which consent must be obtained from theprefectural governor. Some arrangements must also be needed to help municipalities carry out their initiatives
smoothly. For instance, representatives from the prefectural government should take part in a council set up by themunicipal government under the Rural Renewables Development Act from the earliest stage.
As part of its short-term initiatives, the national government should expand its policy programs for supporting
prefectures and municipalities in their activities under the Rural Renewables Development Act, and secure a budget
for that purpose. The government should also oblige the municipalities to disclose basic plans. For the medium-and
long-term, the national government should desirably reconsider its scheme for agricultural land use. Under thecurrent scheme, wind power generation has no specific position given to it under either agricultural land-relatedlaws, such as the Agricultural Promotion Act and Agricultural Land Act, or any other official program, such as the
Basic Plan for Food, Agriculture and Rural Areas, prepared by the MAFF. Once enough evidence is obtained to rate
wind power generation in the society as a power source that promotes public welfare, an effective solution would
be to apply exceptions from the Agricultural Promotion Act or Agricultural Land Act, or a fundamental
reconsideration of the current Rural Renewables Development Act which still imposes procedures for the Exclusionfrom Agricultural Promotion Scheme.
Table 2 Basic course of actions each party should take
Party

Power
producer

Municipality

Prefecture

State

Basic course of action
Demonstrate benefits wind power generation can bring to local agriculture and farming management
on a quantitative basis.
Minimize any harm projects or development may cause (minimize land modification and impact toagriculture).
Compile successful cases of coexistence, facilitate understanding of agricultural policy & farming,and develop a win-win relationship.
Exchange information with local stakeholders, power producers, etc. on a regular basis (to identify
needs & challenges).
Enhance functions as coordinator for maximizing benefits wind power projects bring to local
communities and agriculture (minimizing harm).
Effectively use their expertise and resources to back up municipalities.
Implement efficient and effective policy programs to develop environments for wind power
generation.
Develop schemes for supporting power producers, prefectures, and municipalities in their initiatives,and secure the budget.
Fundamentally improve the legal framework (depending on how wind power generation is rated in
the society).

Source: Renewable Energy Institute

20

3.

Wind power generation and the scheme for environmental impact assessment

Wind power projects must be planned with consideration for mitigating possible adverse impacts on the environmentand human life, through environmental impact assessment (EIA) suitable to the projects. These are essential
procedures that must be taken before starting the projects, and are critical for sustainable development of wind
power generation. Japan has recently designated wind power generation as one of the activities subject to theEnvironmental Impact Assessment Law.
However, the current scheme of the EIA procedures for wind power projects has some problems, as it does not take
into account the size of projects it applies to and items of evaluation it requires. This makes the procedures timeconsuming and costly, consequently imposing greater project risks on power producers. This chapter focuses on thescheme of EIA for wind power projects, examining the present conditions in Japan and other countries to identify
issues and suggest specific solutions.
3.1

The current state of environmental impact assessment for wind power generation(1)

Application of the scheme to wind power generation: Background

In Japan, construction of wind power plants started around the year 2000. Originally, EIA was conducted by power
producers on a voluntary basis according to procedures based on the NEDO manual, mentioned previously. Somelocal governments, concerned about possible impacts on the environment and/or human health, added wind power
generation to the list of activities subject to their existing prefectural or municipal ordinances for EIA to oblige
power producers to carry out specific assessment procedures ("assessment by local ordinance").
However, some people living around wind power plants complained about health problems that they alleged had
been caused by noise and low frequency sound of the windmills. Others were concerned about bird strikes, cases ofbirds colliding with a windmill blade, degraded landscape, and other impacts wind power stations might give to theenvironment and living conditions (MOE, 2011a). In response, the Central Environment Council of the Ministry of
the Environment reviewed the existing scheme of EIA. In its 2010 report on a new system of EIA, the Council
stated, "Studies should be conducted on whether construction of wind power facilities should be included in theactivities regulated by law" (MOE, 2011a)8.
(2)

Changes to the scheme: Overview

In April 2011, the Law for Partial Revision of the Environmental Impact Assessment Law (Revised EIA;
"assessment by Law") was passed to add the planning stage in its coverage, while it originally covered the operation
stage alone. Then, the Revised Cabinet Order for Adding Wind Power Plants to the List of Activities, which cameinto effect in October 2012, added wind power plants (Class-1: capacity of 10 MW or more; Class-2: 7.5 MW or
more) to the list of facilities the Law applies to. Before the revision, the list contained only hydropower, geothermal,
thermal power, and nuclear power plants. After a series of revisions made to the Law and regulations mentioned
above, assessment for wind power projects over a specific size has been settled in five phases: environmental
consideration document scoping document, current conditions survey, draft environmental impact statement, andenvironmental impact statement (Fig 13).
Draft
environmental
impactstatement

Environmental
impactstatement

Fig. 13 Procedures for the environmental impact assessment by Law

Source: MOE

Environmental
consideration
document

Scoping
document

Current status survey(24-30 months)

Around 4 years

8

The report mentioned, "in places where wind power facilities were constructed, noise, bird strikes and other troubles have beenreported, and a quarter of the assessments that were not regulated under local ordinance lacked local hearings."

21

The assessment by Law, now covering wind power projects, affects power producers mainly in two points.
First, the EIA procedures takes much longer time than before. Power producers planning to construct wind power
plants with a capacity of 10 MW or more must now carry out the assessment by Law, instead of a voluntary
assessment or assessment by local ordinance. According to Japan Wind Power Association (JWPA), before theassessment by Law became mandatory, a voluntary assessment or assessment by local ordinance took 14 to 21 and
24 to 36 months, respectively9. An assessment by Law takes longer, around four years. In the first place, wind power
plants require a longer lead time before being brought into operation, as they must finish wind monitoring, basic
designing, approval and authorization, consensus building, and construction work. The newly adopted process ofenvironmental consideration document, together with other formalities, has made the preparation period even longer.
In a sense, however, preparation of an environmental consideration document allows power producers to performtheir internal process of planning as part of the assessment, and as a result, to start the assessment process ahead ofschedule. So, it is a significant process for a scheme that applies to large-scale development projects that may give
great impact on the environment.
Second, in addition to increased cost of the entire assessment process, the risk of sunk cost (irrecoverable cost)weighs heavily on power producers. Power producers are exposed to the risk of assessment results that might force
their plans to be altered or discontinued. Even after the completion of an assessment, the full cost for the assessment
may become a sunk cost once they fail to have their facilities connected to the grid or approved by the authorities10.
Prolonged procedures entail various types of project risk. For instance, before the reforms made in April 2017,
power producers could not complete some critical procedures that should determine whether or not a plant would
successfully start commercial operation, such as obtainment of facilities approval (determination of power purchaseprices), and application for grid connection, until the stage of draft environmental impact statement, just a step
before the final stage (environmental impact statement). As they had to wait for recommendations made by the
Minister to their draft environmental impact statement to see the procedures completed, they were exposed to someproject risks, such as fluctuating purchase prices and lost available transfer capacities, for a long time in thedevelopment phase.
(3)

Actions of the government (Pilot Program to Reduce the Processing Time for Environmental Impact
Assessment & Model Program for the Study of Zoning Methodologies)

In accordance with the "Japan Revitalization Strategy" and the "Implementation Plan for Regulatory Reform,"
Cabinet Decisions made in June 2013, the national government is working to meet its target, "aiming at halving theperiod needed to complete procedures."Among the major initiatives are reduction of the time of examination periods by the national government(examination of scoping documents, draft environmental impact statements, and environmental impact statements)from around 150 days to around 45 days, and the request to local governments for cooperation with reducing theexamination period, as well as the "Pilot Program to Reduce the Processing Time for Environmental Impact
Assessment " (FY2014 - FY2016), designed to obtain know-how for starting an environmental survey ahead of theschedule or conducting several surveys at the same time (front-loaded environmental research) and the study andpreparation of basic environmental information (such as that of habitation of rare species) helpful for the EIA ofwind and geothermal power plants.

9

Materials presented by JWPA to the 17th meeting of the Investment Promotion and Miscellaneous Issues working group, theCouncil for Regulatory Reform, Cabinet Office.
10 Some estimate EIA costs at 100 million yen per 10 MW of capacity.

22Fig. 14 Pilot Program to Reduce the Processing Time for Environmental Impact Assessment:
Flow of procedures

Source: MOE

In FY 2016, the Ministry of the Environment started the "Model Program for the Study of Zoning Methodologies,"planned as a two-year initiative. For the Program, four areas have been selected in Miyagi Prefecture and Naruto
City, Tokushima Prefecture, and others. In some countries, local governments, taking into account various
regulations and possible environmental impacts, recommend specific areas suitable for wind power plants and zone
them for that purpose, helping power producers set up wind power plants smoothly, with less burden imposed onthem. The Japanese government says that the Model Program aims to reduce the examination period, and facilitate
greater deployment of renewable energy while taking into consideration on the conditions of the natural and social
environments in individual regions.

23

3.3

Issues on the environmental impact assessment for wind power development(1)

Compiling basic environmental information

Among the EIA procedures, the most time-consuming and costly part is the field survey. It has a critical role for
accurate estimation of the impacts that the projects may have on the environment. What is important for completing
necessary examinations as quickly as possible at the lowest cost is availability of compiled basic environmental
information where the field surveys can base on. In countries that lead the world in wind power development,
national governments or other public institutions compile basic information and offer it in a user-friendly manner.
For instance, some of them produce maps that present environmental data of individual regions, and make themavailable on their websites.

Figure 16 Compiling basic environmental information (Example of vegetation maps)
Source: Biodiversity Center of Japan, MOE

In Japan, there is little basic environmental information, such as vegetation maps and birds’ migration routes, thathas been collected, organized, and made available on a database, and most power producers must conduct surveys
from scratch. For instance, if the Ministry of the Environment had finished vegetation surveys and made the findings
available, power producers could refer to them before starting their own surveys at sites where they plan to constructwind farms. In fact, the MOE survey program has made so little progress so far that power producers can only findold data for many areas. Even in Hokkaido, a prefecture highly suitable for wind power generation, there areconspicuously many areas left blank as surveys have yet to be finished (Fig. 16).
Then, is the national government making best efforts to provide necessary information urgently? Related budget
documents suggest that the answer is “No”. For instance, for the National Survey on the Natural Environment(Compiling of Vegetation Maps), planned by the Ministry of the Environment for FY 2016, the government
appropriated only 171 million yen (app. 1.5million USD ) in the budget.
Another factor causing the delay in compiling basic environment information is the failure of power producers andthe industry to accumulate and share data from follow-up surveys for existing plants and findings from completed
EIAs. Specifically, while power producers must report findings of environmental surveys and other information in
EIA documents, they have to make them open for public inspection only for one month. Once the period is over,browsing usually becomes restricted, thus making survey data difficult to share and examine. Copyrights ofenvironmental impact statements are believed to belong to power producers that conducted the assessment. Actually,24the power producers are allowed to decide at their discretion whether or not the reports should be made available
for the public. In many countries, in contrast, any EIA can be reexamined later, as EIA documents are consideredpublic records and they should lie outside the coverage of copyright, so that information can fully be disclosed.
(2)

Categories of projects subject to the Environmental Impact Research, and items of evaluation

In Japan, wind power plants with a capacity of 10 MW or more (Class-1) are obliged to undergo an assessment by
Law. Indeed, direct comparison among countries would be irrelevant due to different natural and social conditions,but in general, Japan has adopted more stringent assessment requirements than most countries in terms of size ofplants (Table 14) in the case of wind powers.
In the United States, the size threshold for mandatory assessment at the federal level (NEPA assessment) are set fora capacity of 50 MW or more, much larger than in Japan. But it does not mean that assessment is not required forwind powers smaller than 50 MW. A concise EIA, named environmental assessment (EA) under the US NEPA
process, is required to wind powers except a few especially designated ones by categorical exclusion. By this scheme,
even the plants with a capacity of 50 MW or more are not necessary to get into the EIA process directly. Instead,they could conduct a concise EIA (EA) first, and if they are found unlikely to cause significant impact to theenvironment, they can skip the detailed Environmental Impact Statement (EIS) process and finish the procedures
more quickly.
Table 14 Size threshold for environmental impact assessment in selected countries:
wind and thermal power plants

Source: MOE (2012)
The Ministry of the Environment refers to several factors that influenced the size threshold being set at 10 MW or
more: that the manual which had been used for the voluntary assessment scheme made by NEDO covered plants
with a capacity of 10 MW or more; that it was suggested that 150 MW of thermal power plant, which was alreadyset as a threshold for assessment by Law, should be considered equivalent to 10 MW of wind power plant since theyboth required 5 hectares of land alteration for their construction; that, at the time of discussion, the ‘10 MW or more’threshold covered 80% of wind power plants, as opposed to the ‘30 MW or more’ threshold covering merely 40%.11.
However, none would believe that the area of land alteration for thermal power plants was a reasonable standard
upon setting the size threshold for wind power plants. As shown in Chapter 2, 2.2, wind power plants may require
much smaller sites to construct. Especially when built on farmland or other types of land that are already developed,
only limited area of land needs alteration. For the 66 MW wind farm built in Koriyama City, for example, only 1.5
hectares of farmland was modified permanently, with another 2.2 hectares modified on a temporary basis forconstruction work, less than four hectares in total. In addition, access roads built for construction work can be also
used by farmers, another benefit wind power plants bring with them. In the first place, wind power, a distributed
power source, and thermal power, a centralized power source, are completely different in the way of calculating theland area that requires alteration. Considering that their location characteristics are different, and the types ofenvironmental impacts are different, size thresholds for wind power plants should be determined based on morescientific and objective data.

11

Materials presented by the MOE to the 17th meeting of the Investment Promotion and Miscellaneous Issues working group, theCouncil for Regulatory Reform, Cabinet Office.

25

According to a survey conducted by JWPA after the assessment by Law came into force, the threshold of ‘30 MW
or more’ now covers 86% of wind power plants, and even the ‘50 MW or more’ threshold covers 70%12. The
coverage became higher than that around 2010, when size thresholds were discussed for the first time, as power
plants have become larger in size. Thus the size thresholds should be reexamined based on objective data andupdated status of development.
Regarding the evaluation items and measuring methodologies, the Ministerial Ordinance stipulates typicalselections for reference. The ordinance states that different evaluation items and measuring methodologies are to be
selected for different power sources considering their characteristics. However, the assessment scheme being
originally designed based on environmental impacts of thermal power plants and the like, nitrogen dioxide, dust,
noise, and vibration are included in the evaluation items for wind power plants’ construction process as well. In thisregard, JWPA insists that, as demonstrated by actual measured data of land alteration area, wind power projects givesignificantly smaller impact on the environment than other types of power generation13. The current environmental
evaluation items (reference items) are not fully based on updated status of development or objective data, and theymust be revised to reflect the realities as soon as possible.

(3)

Issues on the government’s measures (Pilot Program for Reducing Process Time of Environmental Impact
Assessment)

For the governments’ measures aiming for quicker and shorter procedures of EIA, the following three challenges
must be addressed.
First, if a front-loaded environmental research is to be conducted, it must be performed over a broader area in moredetail, which often pushes up the cost.
Second, despite having conducted a front-loaded environmental research at a significant cost, power producers
might be required to re-do the research if their scoping document is rejected after examination. This "reworking
risk" makes power producers reluctant to conduct a front-loaded research. If a power producer that completed afront-loaded environmental research is directed at the scoping document stage to the ‘reworking,’ it must conduct
another research14. The assessment process shortening program is conducted on a pilot basis, and power producers
participate in it at their own risk, groping in the dark. Given that the front-loaded environmental research plays a
key role in shortening the assessment, the national government should provide power producers with active support
not only in financing but also in compiling and providing necessary information.
Third, Japan lacks any scheme similar to the concise EIA the United States has in place, a fundamental problem
lying in Japan's domestic assessment systems.

(4)

Summary of the issues regarding Environmental Impact Research

Below is the summary of the issues regarding EIA in Japan.
First, the national and local governments have yet to develop any infrastructure of information, including basic
environmental information. Given that the Basic Environmental Information Database and other elements of theinfrastructure are yet to be completed although they are needed for conducting environmental researches efficiently,
power producers must start surveys of vegetation and bird migration routes from scratch, which may lay too heavy
burden on them.
12

Materials presented by JWPA to the 17th meeting of the Investment Promotion and Miscellaneous Issues working group, theCouncil for Regulatory Reform, Cabinet Office. The coverage is calculated for the power plants constructed during a period of three
years from October 2012 and the projects for which assessment is being conducted (or has been completed).
13 ibid.
14 If the prefectural governor or the Minister of Economy, Trade and Industry orders the power producer to re-do the front-loaded
environmental research during the "scoping document process," it is called "reworking."

26

As a solution to this issue, the governments could provide effective support for them. For instance, the state
government of California develops a database of basic information of animals, so that power producers can use it
for screening the locations to construct wind power plants or other facilities. This is only a part of the considerable
effort California devotes to prepare sufficient information.
Second, power producers, and the industry, have yet to do enough to develop an information infrastructure, as they
fail to accumulate and share data they have obtained from follow-up surveys conducted for existing plants andfindings from completed EIAs. Power producers are presently obliged to make EIA documents open to the public
for a limited period, only one month, and after the period, they are allowed to decide at their discretion whether theyshould be kept publicly available. Once a plant comes into operation, follow-up surveys are performed on a
voluntary basis only.
When power producers of existing plants are allowed to hang on to basic environmental information they collected,
others who intend to develop a site in the neighborhood have to repeat the same research, which is inefficient. Oncebarriers to new entrance are lowered, the market can grow further. That should not happen without efforts of power
producers themselves. For instance, they need to make publicly available information they have obtained fromsurveys and/or researches they have conducted so far.
Third, the current size thresholds and evaluation items are not fully reviewed. As a result, power producers may berequired to do unnecessary surveys and/or researches and procedures they find time-consuming and costly. Any
requirements and items decided on sufficient scientific grounds would be fully accepted, however, as mentioned
previously, that seems unlikely for the current arrangements given the process where they were made.
Finally, despite a pilot program that the national government is carrying out for helping power producers complete
assessment procedures more quickly, the current initiative fails to reduce risk and cost on an acceptable level. For
front-loaded environmental researches, a key to quicker completion of an assessment, power producers are required
to conduct researches that cover broader areas, which would push up the cost. Once they finish a front-loaded
research, they must assume "reworking risk" as they may be required to do another research at the scoping document
stage. The current program for quicker assessment is less than satisfactory for reducing time and cost power
producers must spend for EIAs.

27

3.4

Offer of specific actions for improvement

At the end of this chapter, this section, based on the current state of EIA in Japan and other countries, and the issues
they face, offers specific solutions for improving Japan's EIA for greater deployment of wind power generation.
Below, actions the government or power producers should take for improvement are offered in two groups alongwith the time scale, short-term, and medium- or long-term solutions.
(1)

Actions the government should take for improvement

In the short term, the government should take three actions below for improvement.
First, the government should immediately fully develop an information infrastructure, including the Basic
Environmental Information Database. Through the "Model Program for Preparation of Basic Information of EIA
for Wind Power Generation, etc.," the Ministry of the Environment is working to develop a database ofenvironmental information. The Ministry should extend the range of the Model Program and enhance the effort tocollect information. For surveys conducted to obtain more and better basic information, such as the National Survey
on the Natural Environment (vegetation survey, bird habitat survey, etc.) and programs for compiling informationof migratory birds and sea eagles relating to wind power facilities, the Ministry should also enhance theimplementation scheme and information collection effort. Naturally, to speed up implementation of these initiatives,a sufficient budget must be secured.
Locations with great potential of wind power generation are distributed unevenly, concentrated in Hokkaido andTohoku. Priority should be given to some candidate places picked out based on wind conditions, grid capacities,
and other considerations to collect basic information there earlier and develop wind power plants in an appropriate
and efficient manner. As a future initiative, the Ministry of the Environment, JWPA, conservation NGOs/NPOs, andother organizations are expected to consider integrating their databases, so that they will be managed centrally by asingle public institution.
Second, the current size threshold for Class-1, a capacity of "10 MW or more," should be immediately reconsideredbased on objective data of actual impact on the environment and the socio-economic conditions in other countries.
The reference items should also be reviewed based on characteristics of wind power generation. The Fourth Reportfor Regulatory Reform mentions "narrowing down reference items" as "Start examining in Fiscal Year 2016; draw
conclusions and take measures upon gaining needed data." Work for that should get started as soon as possible.
Third, to make sure procedures will get shorter and quicker, risks and cost that power producers need to bear must
be reduced. On the theme of shortening the EIA period, the Fourth Report for Regulatory Reform, by the Cabinet
Office, refers to establishing a methodology for front-loaded environmental researches and generalizing termhalving methods as initiatives that should be addressed. It is actually important for the national government toimplement a pilot program for achieving shorter assessment periods. At the same time, however, some measures
should be taken to control cost increases for an expanded range of examination and reduce the reworking risk. In
this regard, development of an information infrastructure, mentioned previously, would be helpful, once any
progress is made. Other solutions should also be considered.
As one of the medium- and long-term actions for improvement, study should get started on introduction of a newscheme, performing a concise EIA regardless of size thresholds. In the United States and other countries, reasonable
arrangements have been developed, as concise EIA and screening process are conducted to identify any projects
that may have significant impact on the environment and ensure they will undergo a full assessment, while others
are allowed to finish assessment procedures in a shorter period (Table 15). In the US, most proponents could finish
the process after the concise EIA.
Japan could also avoid applying uniform size threshold when deciding whether a project must undergo theassessment by Law, and instead introduce the process of concise EIA and screening to allow certain types of projects
to do nothing more than carrying out simplified procedures while obliging even small-scale projects to conduct afull assessment when if they are found likely to give significant impact on the environment.

28

Once concise EIA and other procedures are adopted, together with size thresholds for the ordinary assessment, tolegally oblige smaller projects than those coming under the requirements to examine whether they may have any
environmental impact, they would also work positively for any effort to build consensus between the proponent andthe stakeholders. When reconsidering size thresholds, it is also important to prevent any unnecessary worries
spreading among stakeholders around a planned site by offering them opportunities to express their opinions at theplanning stage as one of the measures taken to guarantee considerations on the environment and the society there.
Table 15 Size thresholds by environmental impact assessment stage (selected countries)
US

Germany

FranceSpain

Size thresholds
for ordinary
assessment>50 MW≥50 m in totalheight & ≥20units>50 m intower height≥50 units

Size thresholds
for concise
assessment

Other thanspecifiedabove

Size thresholds
for decision byscreening

UK

China
≥50 MW &built inNot specified
environmental
sensitive area

Other thanspecifiedabove≥50 m in totalheight & 6 - 19
units: ordinary
screening; 3-5
units: location
screening

Other thanspecifiedabove

Other thanspecifiedabove≥3 units or>15 m in hub
height;decided by
local
government;≥50 MW:
decided by the
Secretary ofState for
Trade andIndustry

Source: MOE (2012)(2)

Actions power producers should take for improvement

In the short term, power producers should take two actions below for improvement.
First, power producers should also help develop an information infrastructure. For that, they should work with the
Ministry of the Environment to develop its Basic Environmental Information Database, and disclose more of theinformation they hold by, for instance, making their assessment documents permanently available in public. JWPA
says that, believing that they can make their opinions convincing enough to justify introduction of quicker
assessment procedures and reconsideration of size thresholds only with data and scientific grounds accumulated
through follow-up surveys and other activities, they will ask power producers for cooperation to collect information
including environmental impact statements and reports of assessments and follow-up survey reports and have themshared among them. Power producers should develop a database to accumulate and share data they collect fromfollow-up surveys for existing plants and knowledge they obtain from projects for which assessment has been
finished as soon as possible. They should also work to integrate this data, together with assessment data collected
by JWPA from them, including data they collected in the days of voluntary assessment, with the MOE's Basic
Environmental Information Database to build a more useful public database.
Second, given that assessment documents are made publicly available for inspection for only one month, before
they usually become inaccessible, which makes survey data hard to share and/or examine, power producers should
keep assessment documents permanently accessible, and disclose to the public "final reports" they must present
after finishing construction and related work.

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There are some who say that assessment documents cannot be disclosed due to copyright problems. But they seemto think quite differently from global standards. Even in the United States, a country where copyright is heavily
protected, they consider that assessment documents should be disclosed as a matter of course.
Table 16 Specific measures to be taken for improvement
Government
Short term

Intensive preparation of basic environmental information and development of a database
Review of size thresholds for EIA
Narrowing of reference items based on characteristics of wind power generation
Facilitation of quicker procedure, with reduction of risk and cost that power producers mustbear

Medium andIntroduction of concise EIA and screening process
long term
Power producers
Short term
Cooperation with the MOE to develop its Basic Environmental Information Database
Further disclosure of information by making assessment documents permanently available tothe public, etc.
Source: Renewable Energy Institute.

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Conclusion: Courses of action for improving schemes to accelerate deployment
What is important for accelerating the deployment of wind power generation, as seen in Germany and the UnitedStates, is reform of the land use and EIA schemes, which this report has reviewed so far, as well as other legal
frameworks and regulations in an appropriate manner, in terms of both their designing and implementation. At theconclusion of this report, we offer, based on key points that have been identified through the examinations of Japan's
system so far, three suggestions on the course of action for improving systems that Japan should take for accelerating
deployment of wind power generation.
First, steady effort must be exerted to make improvements under the current schemes.
As seen in several examples mentioned in this report, such as the Pilot Program to Reduce Processing Time forEnvironmental Impact Assessment, and the Rural Renewables Development Act, gradual progresses have alreadybeen observed in some initiatives for making improvements under the current scheme. At the national government
level, new moves are appearing. A scheme is being developed to designate places with potentials for wind power
development as "deployment promotion areas," and invite stakeholders to consider ways to secure smoothcoordination among them concerning regulations in the areas, and share benefits delivered by wind power
generation with local communities. The local and national governments should make steady progress in various
initiatives while recognizing the current state and identifying challenges to improve their implementation.
Second, some measures must be taken to maximize the benefits of wind power generation to establish apositive cycle where a case of development induces another.
Once it is widely recognized that wind power generation delivers great benefits to local communities, and that it is
an important power source that serves the public interest, more positive results could be achieved. For instance,
regulatory hurdles may be lowered, and wind power generation may be given a clearer position in the legal
framework. Some measures must be taken to maximize benefits of wind power generation and to transform it intoa power source recognized as advancing public interest, thereby opening the way for improving existing schemes
quickly or encouraging discussions about radical reform of the schemes for the medium and long terms. To achieve
the objectives, power producers are expected to fulfill significant roles. They should work to maximize the benefits
that wind power generation can deliver to the environment, society, and the economy, and demonstrate tocommunities and relevant government departments how much benefit it could produce, in a quantitative manner.
What is also important is that, in reference to successful examples in the past, they should analyze and study methods
for enabling wind power generation to produce benefits and share them with local communities, and approaches tocommunities for obtaining their understanding and sympathy.
Third, the current schemes should be redesigned or replaced for striking the right balance between greater
deployment of wind power generation and minimization of the impact.
Neither Germany nor the United States, two of the leading countries in wind power generation, thinks light of land
use or EIA. Based on information disclosure and participation, governments play leading roles in inviting projects
to specific locations and simplifying procedures for EIA to save power producers time and cost, and any otherburden they must assume. They take the initiative in striking the right balance between greater deployment of wind
power generation and minimization of impact it may give to the environment and society.
By its nature, wind power generation can coexist with agriculture. Several examples of coexistence can also befound in Japan. This is not only because it only gives small impact on agricultural land but also because it is operated
in a manner to increase farmers' income and/or benefit their business in some other forms. The question of how
wind power generation can coexist with agriculture should be asked again not merely as a way of developing morewind power but also as an initiative for encouraging revitalization of agriculture. Coexistence of agriculture andenergy production as described here should be a promising approach to developing a sustainable society.

31References

Keita AZECHI (2015), Proposal of a Zoning Method for Improving the Process of Wind Power Generation
Development
MOE (2011a), Report of the Study Group for Basic Principles of EIA of Wind Power Plants
Ministry of the Environment (2011b), FY 2010 Study of Potential for the Introduction of Renewable Energy
Ministry of the Environment (2012), Report of the Study on Addition of Wind Power Generation to the List of
Activities Regulated under the EIA Act
Ministry of the Environment (2015), FY 2013 Report of the Study Project for Development of Grids for Greater
Deployment of Renewable Energy
New Energy and Industrial Technology Development Organization (2014), FY 2013 Report of the Basic Survey
on Promotion of New Energy (Survey on Principles of Front-loaded Environmental Research for Environmental
Impact Assessment Procedures for Wind Power and Geothermal Generation)
Fumihiko SETA (2005), The System of Land Use Planning in Germany: Case of Meiningen, Thuringen
The City Planning Institute of Japan, City Planning Report No. 4
Juichi TAKAHASHI (2001), Agricultural Land Conversion, University of Tokyo Press
Juichi TAKAHASHI (2010), Management of Local Resources and Urban Legislation: Agricultural Land and theEnvironment, Citizens, and Local Governments under the German Building Code, Nippon Hyoron Sha
Juichi TAKAHASHI (2010), Policies and Regulations about Agricultural Land in Germany, the Japanese Journalof Real Estate Sciences, Vol. 24, No. 3
Mitsuru TANAKA (2014), Challenges for Local Governments in Their EIA Ordinances after Revision of the EIA
ActDocon (2015), Report on the Survey of Potentials of Rural Communities for Developing Renewable Energy
The Council for Regulatory Reform, Cabinet Office (2016), The Fourth Report for Regulatory Reform
The Institute of Energy Economics, Japan (2013), Study on Location of Renewable Energy Projects Overseas
The Institute of Energy Economics, Japan (2015), Study on Location of Renewable Energy Projects Overseas
Japan Wind Power Association (2016), Japan Wind Power Association (2016), Wind Vision Report: Aiming to Be
A Really Reliable Power Source
Ministry of Agriculture, Forestry and Fisheries (2016), Measures for Promoting Development of Renewable
Energy in Rural Areas
Sachihiko HARASHINA (2000), Environmental Impact Assessment (Revised Edition), Foundation for the
Promotion of The Open University of Japan
Sachihiko HARASHINA (2011), What is Environmental Impact Assessment?, Iwanami Shinsho
Sachihiko HARASHINA (2015), Environment: Why should "Concise Assessment" Be Adopted Immediately?,
Keizai Kyoshitsu, Nihon Keizai Shimbun, September 23, 2015
Yuichi FUKUKAWA (1995), The System for Land Use Planning and Regulations in California, the United States(Comprehensive Urban Studies, No. 55)
YOSHIMURA et al. (2008), Overview of Koriyama Nunobiki Plateau Wind Farm and Its Construction Work,
Kensetsu no sekou kikaku, Japan Construction Machinery and Construction Association
Environmental Law Institute (2011) State enabling legislation for Commercial-scale wind power siting and the
local government role
National Renewable Energy Laboratory (2009) Landuse Requirements of Modern Wind Power Plants in the US
Stemler Consulting (2007), Wind Power Siting Regulations and Wildlife Guidelines in the United StateThe International Renewable Energy Agency (2016) THE POWER TO CHANGE: SOLAR AND WIND COST
REDUCTION POTENTIAL TO 2025
Troxler (2013) Stiffing the Wind: California environmental quality act and local permitting. Columbia Journal ofEnvironmental Law

32

Website (* accessed on April 20, 2017)
Koriyama City official website
https://www.city.koriyama.fukushima.jp/shise/citysales/kankou/nunobikikaze.htm
Ministry of Land, Infrastructure, Transport and Tourism, On the System of Basic Land Use Plan
http://www.mlit.go.jp/common/001118983.pdf
Course of Actions for Policy Programs for Greater Deployment of Renewable Energy, Materials for 9th meetingof the New and Renewable Energy Subcommittee, Committee on Energy Efficiency and Renewable Energy,
Advisory Committee for Natural Resources and Energy
http://www.meti.go.jp/committee/sougouenergy/kihonseisaku/saisei_kanou/009_haifu.html
Materials presented by Japan Wind Power Association to the 2nd meeting of the 2nd Working Group of the
Subcommittee for Regulatory and Institutional Reform, Cabinet Office (December 16, 2011)
http://www.cao.go.jp/sasshin/kisei-seido/meeting/2011/energy/111216/agenda.html
Materials presented by Japan Wind Power Association to the 1st meeting of the Energy & Environment Working
Group of the Council for Regulatory Reform, Cabinet Office (March 15, 2013)
http://www8.cao.go.jp/kisei-kaikaku/kaigi/meeting/2013/wg/ene/130315/agenda.html
Regulatory Reform Hot-line (FY2013): Responses from Competent Ministries & Agencies to Requests for
Review (Agriculture), Council for Regulatory Reform, Cabinet Office
http://www8.cao.go.jp/kisei-kaikaku/kaigi/hotline/siryou2/item22.pdf
Materials presented by Japan Wind Power Association to the 17th meeting of the Investment Promotion Working
Group of the Council for Regulatory Reform, Cabinet Office (December 22, 2015)
http://www8.cao.go.jp/kisei-kaikaku/kaigi/meeting/2013/wg4/toushi/151222/agenda.html
Materials presented by the Ministry of the Environment to the 17th meeting of the Investment Promotion Working
Group of the Council for Regulatory Reform, Cabinet Office (December 22, 2015)
http://www8.cao.go.jp/kisei-kaikaku/kaigi/meeting/2013/wg4/toushi/151222/item2-1.pdf
The Japan Chamber of Commerce and Industry, etc., Request for Policy Programs for Establishing aComprehensive Land Use Regulation (1999))
http://www.jcci.or.jp/nissyo/iken/990715.html
The Japan Chamber of Commerce and Industry, Request on Exclusion from Agriculture Promotion Scheme andAgricultural Land Conversion for Locations of Large-scale Halls, Malls, Stadiums, and Similar Facilities (2007)
http://www.jcci.or.jp/nissyo/iken/070904nouchi-yb.pdf
Ministry of Agriculture, Forestry and Fisheries, Land Use Planning and the Systems for the agricultural promotion
region and Agricultural Land Conversion Permission: Overview
http://www.maff.go.jp/j/study/nouti_seisaku/03/pdf/ref_data1.pdf
Ministry of Agriculture, Forestry and Fisheries, Agricultural land Statistics
http://www.maff.go.jp/j/tokei/sihyo/data/10.html

Abbreviations
EIA
EA
MOE
MAFF
NEDO
HEPCO

Environmental Impact Assessment
Concise EIA
Ministry of the Environment of Japan
Ministry of Agriculture, Forestry and Fisheries of Japan
New Energy and Industrial Technology Development Organization
Hokkaido Electric Power Company

33

For Greater Deployment of Wind Power—Examining Land Use Regulations and Environmental Impact Assessment
English Abridged Version

August 2017

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