The Regulation Amending the Regulation on the Protection of Wetlands (“Amending Regulation”), published in the Official Gazette dated 5 September 2026, introduces a number of amendments to the Regulation on the Protection of Wetlands (“Regulation”). The amendments cover a broad range of issues, including the introduction of new definitions, rules governing water use in wetlands, permitting mechanisms applicable to existing facilities, planning and conservation instruments, and implementation principles for certain activities.

Although the Regulation is not a sector-specific piece of legislation governing energy investments, it is nevertheless relevant to hydroelectric power plants, dams, reservoirs, water storage facilities, and other energy projects that interact with wetlands. In this regard, Annex-2 of the Regulation lists hydroelectric power plant projects, water storage facilities, solar power plants, wind power plants above certain thresholds, and various energy infrastructure investments among the activities that are subject to the Ministry’s approval.

Against this background, the recent amendments introduce new provisions concerning water use, the permitting of existing water structures, the management of artificial wetlands, and renewable energy facilities in certain designated areas, alongside the existing mechanisms aimed at wetland protection. The key developments from the perspective of energy and infrastructure projects are discussed below.

Further Clarification of Rules Governing Water Use in Wetlands

The amendments expand the provisions governing water use in connection with wetlands.

Most notably, the Amending Regulation now introduces the concept of “environmental flow”. Environmental flow is defined as the quantity of water that must be released from a water structure to ensure the continuity of the river ecosystem downstream and the natural habitats of flora and fauna dependent on that ecosystem.

In parallel, water structures planned or operated for energy generation, irrigation, or drinking water purposes on wetlands, as well as on permanent or seasonal streams connected to wetlands, are now required to release the environmental flow quantity calculated in accordance with the procedures and principles to be determined by the General Directorate of Nature Conservation and National Parks (the “General Directorate”). The Amending Regulation further stipulates that this quantity may not be lower than the environmental flow quantity determined pursuant to the Regulation on the Procedures and Principles Regarding the Execution of Water Use Right Agreements for Electricity Generation Activities.

In addition, the amendments provide that, in order to maintain sustainable water levels within wetlands, an additional volume of water specified in the ecosystem assessment report must be released outside the irrigation season.

These requirements are likely to be particularly relevant for hydroelectric power plants and other energy projects dependent on water resources, as they may affect both project design and operational parameters. That said, the practical and economic implications of environmental flow obligations are expected to become clearer once the relevant implementing procedures and administrative practices are established.

Introduction of a New Permitting Mechanism for Existing Water Structures

The amendments are not limited to new projects and also introduce a transition regime for certain existing facilities.

Pursuant to Temporary Article 3, water structures operated by private sector entities for energy generation, irrigation, or drinking water purposes and commissioned after 30 January 2002 must obtain a permit document from the General Directorate within two years from the publication of the Regulation. Such permits will remain valid for five years and may be renewed upon confirmation of compliance with the applicable conditions. Failure to submit an application within the prescribed period may result in administrative consequences under the Regulation. In addition, where an environmental flow quantity has previously been determined, the amendments allow for its reassessment during the permitting process where required by climate change considerations or changes affecting upstream water use rights.

Accordingly, operators of facilities falling within the scope of the new transitional regime should carefully review their permitting status and assess the timelines introduced by the amendments. In particular, existing hydroelectric power plants and other privately operated water structures may need to evaluate whether their current permits and operational arrangements remain aligned with the revised regulatory framework.

Introduction of Artificial Wetlands and Artificial Water Pits into the Regulatory Framework

The amendments also introduce the concepts of “artificial wetland” and “artificial water pit” into the Regulation.

An artificial wetland is defined as a storage facility constructed for purposes such as recreation, drinking and utility water supply, wastewater treatment, agricultural irrigation, or electricity generation, while exhibiting wetland characteristics. An artificial water pit, on the other hand, refers to depressions formed through human activities such as mining, excavation, sand extraction, or material removal that are periodically or permanently filled with water.

The Amending Regulation further establishes management principles for these areas. Under the new framework, unregistered artificial wetlands will be managed by the relevant operating entity with due regard to the protection of biodiversity, while the management and use of artificial water pits will fall under the responsibility of the institution that created or is otherwise responsible for such areas.

These provisions are significant both because they broaden the range of areas that may be subject to the Regulation and because they clarify the allocation of administrative responsibilities in relation to such areas.

New Provision on Renewable Energy Facilities in Artificial Wetlands

One of the most notable developments from the perspective of the energy sector concerns the new provision relating to sustainable use zones.

The amendments provide that renewable energy generation facilities may be authorised by the General Directorate within sustainable use zones of artificial wetlands for which protection zones have been designated.

This provision establishes an explicit legal basis for the assessment of renewable energy projects in such areas. However, it does not identify any specific technology, capacity threshold, or investment model, nor does it create an automatic entitlement to obtain a permit. Each project will continue to be assessed on a case-by-case basis under the applicable legal framework.

Accordingly, the amendment may be viewed as introducing an additional regulatory pathway for the consideration of renewable energy projects in certain artificial wetlands. Nevertheless, the feasibility of any particular project will still depend on the legal status of the relevant area, the applicable protection measures, and the outcome of other permitting processes. The practical scope of the provision and the criteria that will be applied in the permitting process are expected to become clearer as administrative practice develops.

Adoption of a Cumulative Impact Assessment Approach

The amendments also introduce provisions aimed at assessing impacts on wetlands on a cumulative basis.

In this respect, organised industrial zones, industrial zones, free zones, and specialised organised industrial zones located within controlled use zones are now required to prepare a cumulative impact assessment report.

The Amending Regulation provides that a permit document may be issued in the name of the relevant zone administration where mitigation and compensatory measures are considered adequate. Importantly, however, such permit document does not eliminate other environmental permitting requirements, and each facility within the relevant zone remains individually responsible for compliance with obligations arising from its own activities.

This approach may have important implications for industrial and infrastructure projects located in areas interacting with wetlands, as environmental impacts may increasingly be assessed in conjunction with those arising from neighbouring activities rather than solely on an individual project basis. The scope and methodology of cumulative impact assessments will therefore be an area to monitor closely in future permitting processes.

Other Amendments Relating to Conservation, Planning, and Enforcement

The amendment package extends beyond provisions concerning energy projects and water use.

Among other changes, the Amending Regulation introduces the concept of a “National Wetlands Strategy” and sets out the principles governing its preparation in line with the Ramsar Strategic Plan. The strategy is to be prepared for ten-year periods and will enter into force following approval by the National Commission.

The amendments also require fisheries production areas to be taken into account when delineating wetland protection zones, revise the approval process applicable to management plans, and introduce new provisions concerning inspections aimed at identifying the impacts of activities carried out within wetlands.

Taken together, these changes indicate that the wetland protection framework is no longer centred solely on activity-based permitting mechanisms. Rather, it increasingly relies on an integrated system that incorporates planning, management, monitoring, and enforcement tools.

Concluding Remarks

The amendments published on 5 September 2026 introduce significant changes to the Regulation on the Protection of Wetlands, particularly in relation to water use, permitting requirements for existing water structures, the management of artificial wetlands, renewable energy facilities in certain designated areas, and cumulative impact assessment requirements.

From the perspective of energy and infrastructure investments, projects involving water resources, as well as activities interacting with wetlands, are likely to require careful consideration in light of these developments during both project development and permitting stages. At the same time, it should be borne in mind that the practical scope and implications of several provisions will depend on future implementing rules and the evolution of administrative practice.

Accordingly, the project-specific implications of the amendments should be assessed on a case-by-case basis, taking into account the characteristics of the relevant project, the legal status of the affected area, and the broader body of environmental and sector-specific legislation that may apply. As the regulatory framework begins to take shape through implementation, further guidance on the practical application of these provisions is likely to emerge.

@Zeynep EMİROĞLU