The formal and legal requirements as well as the support system for building agricultural biogas plants in Poland have been presented. There are currently 24 agricultural biogas plants operating in Poland. The fermentation substrates are slurry, food waste and maize silage. It is most often mesophilic fermentation. Produced biogas is combusted in cogeneration and thus obtained electrical and thermal energy is used for the biogas plant’s own needs and sold. The support system for biogas plants’ operation in Poland is based on a system of certificates. In this system it is cost-effective to use waste for fermentation whilst it is not cost-effective for a biogas plant to run on maize silage.