No to new ground-based photovoltaic systems on agricultural land, but OK to those intended for CER

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Emma Potter

Stop new land consumption

L’Article 5 of the decree limit therefore in general the installation of photovoltaic systems with modules placed on the ground in areas classified as agricultural by current urban planning schemes.

This is a ban that applies exclusively to systems to be built from scratchwhile in agricultural areas where systems of the same type are already installed it will still be possible to proceed with modification, reconstruction, strengthening or complete reconstruction interventions, provided that the intervention does not involve an increase in the occupied area.

There are some exceptions, however..

Exceptions for CERs and projects financed by the PNRR

The prohibition on using agricultural land ex novo to install photovoltaic modules on the ground will not apply Indeed:

  • in the event that the plants to be built or expanded are aimed at establishing a renewable energy community;
  • in cases where these are projects implementing other investment measures of the National Recovery and Resilience Plan (PNRR) and the National Investment Plan complementary to the PNRR (PNC);
  • in the case of projects necessary for the achievement of the objectives of the PNRR.

Yes to the completion of projects in the authorization phase

The transitional provision safeguards the construction of plants for which the application has already been submitted Request for authorizationor the first green lights have been obtained. The limitation on the installation of ground-based photovoltaic systems in areas classified as agricultural, therefore, does not apply:

  • to projects for which at least one of the administrative procedures, including environmental assessment procedures, necessary to obtain the green light for the construction and operation of the plants and related works has already been started;
  • to projects for which at least one of the authorisations required for the construction of the systems has already been issued.

Also fixed new terms for the duration of contractseven preliminary, of granting the right of surface on land for the installation and operation of renewable energy plants. From now on the duration cannot be under six years oldafter which the contracts are renewed for a further period of six years.

These provisions also apply to contracts not yet expiredwithout prejudice to the right of withdrawal to be exercised within sixty days.

The liberalized areas

When instead at areas where it will be possible to install the new systems on the ground photovoltaic the list includes:

  • quarries and mines that have ceased, have not been rehabilitated or have been abandoned or are in a state of environmental degradation and portions that are not susceptible to further exploitation, including those already subject to environmental restoration and those with a completed exploitation plan that has not yet been restored, as well as closed or restored landfills or landfill lots;
  • sites available to companies in the Ferrovie dello Stato Italiane group, railway infrastructure managers, and motorway concessionaires;
  • the sites available to airport management companies within the airport premises, including those belonging to airports on the smaller islands;
  • areas within industrial plants and factories as well as areas classified as agricultural whose points are no more than 500 metres away from the plant or factory itself;
  • areas adjacent to the motorway network within a distance of no more than 300 metres.