Agri-PV construction law & privileging of agri-PV systems or agri-photovoltaics - see Lower Saxony and Miriam Staudte (Minister of Agriculture)

Agriculture Minister Miriam Staudte welcomes the outdoor area privilege for Agri-PV systems under 2.5 hectares

The Minister of Agriculture of Lower Saxony, Miriam Staudte, commented positively on the new outdoor area privilege for Agri-PV systems under 2.5 hectares in building law in accordance with Section 35 Paragraph 9 of the Building Code. With this privilege, agricultural businesses have the opportunity to build photovoltaic systems on agricultural land without complex land-use planning, as long as the systems do not exceed a size of 2.5 hectares and are spatially and functionally linked to an agricultural or forestry business.

Agri-PV systems – the pioneering combination of energy production and agricultural use

The combination of agricultural land use and renewable energy production through photovoltaic systems, also known as agri-PV systems, opens up new perspectives for sustainable and efficient land use. This innovative form of dual use allows farmers to produce renewable energy without having to limit their agricultural activities. The Agri-PV systems can be built on stilts or frames above the agricultural crops, which means that the areas under the modules can continue to be used for agriculture.

Bifacial systems with east and west orientation – a sensible approach

Agriculture Minister Staudte emphasizes the importance of bifacial agri-PV systems that are oriented in east and west directions. This special orientation of the modules makes it possible to use both the morning sun and the afternoon sun efficiently and thus maximize the energy yield. Bifacial panels are able to absorb light from both sides, allowing them to use solar radiation more efficiently than traditional single-sided solar panels. This leads to higher electricity generation per installed kilowatt peak and increases the profitability of the systems.

Advantages of low land use and advantages in periods of drought

A key advantage of agri-PV systems is their low space requirement. Compared to traditional ground-mounted solar systems, they require significantly less space because they can be installed over agricultural crops. This means that more agricultural land is retained, which is particularly important in densely populated regions and in times of land shortage.

Another interesting aspect is the positive impact of agri-PV systems during periods of drought. The slight shading of agricultural land by the PV modules can help reduce soil temperature and reduce moisture evaporation. This can lead to better water storage in the soil during dry and hot periods and thus stabilize the yield of agricultural crops.

Contribution to more even utilization of the power grid

Orienting bifacial agri-PV systems in east and west directions also has positive effects on power grid utilization. Conventional solar panels typically produce their peak electricity at midday, when solar radiation is strongest. This leads to a so-called midday peak, which can put a strain on the power grids. Bifacial systems, on the other hand, provide electricity in the morning and evening, when consumption tends to be higher and solar energy can therefore be used directly. As a result, the decentralized energy generation of agri-PV systems contributes to more even utilization of the power grids and can help to avoid bottlenecks.

Meaning of the new outdoor area privilege

The newly introduced outdoor area privilege for agri-PV systems under 2.5 hectares is an important legal impetus for the promotion of agri-PV in Germany. By being exempt from the complex land-use planning process, agricultural businesses receive significantly simplified approval for the construction of such facilities. This creates incentives for farmers to produce renewable energy while continuing to use their agricultural land efficiently.

Previously, comparable privileges were only provided for ground-mounted solar systems along motorways and multi-track railway lines. The extension of this privilege to Agri-PV systems is a clear signal of recognition of the importance of this technology for the energy transition and climate protection. Promoting agri-PV systems as an innovative form of land use can help advance decentralized energy production in rural areas while reducing land use.

Outdoor area privilege for agri-PV systems under 2.5 hectares

The outdoor area privilege of Agri-PV systems under 2.5 hectares offers a promising opportunity for agriculture to make a valuable contribution to sustainable energy production and at the same time to prepare agricultural businesses for the future. It remains to be hoped that many farmers will take advantage of this opportunity and thus make an important contribution to the energy transition in Germany.

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Lower Saxony's Agriculture Minister Miriam Staudte - Image: Sven Brauers ( brauers.com/ ), Miriam Staudte c BRAUERS-Anschnitt , CC BY-SA 4.0

Statement from Lower Saxony's Agriculture Minister Miriam Staudte on the new outdoor area privilege for Agri-PV systems under 2.5 hectares in building law (Section 35 Paragraph 9 of the Building Code)
“With this privileging of Agri-PV systems, there is finally the necessary legal impetus to to advance this pioneering combination of energy production and agricultural use. I welcome the federal government's decision and would be happy if many agricultural businesses took advantage of this dual-use opportunity. The use of vertical, bifacial systems that are oriented in east and west directions is particularly useful. They require little space and in periods of drought, slight shading can even lead to better yields. They also promote a more even utilization of the power grid because they do not produce a midday peak like usual solar modules, but rather provide electricity primarily in the morning and evening.”

Privileging means that separate land-use planning by local authorities will no longer be necessary in future to approve an agri-PV system if it is less than 2.5 hectares in size and is spatially and functionally related to an agricultural or forestry operation . Previously, comparable privileges only existed for ground-mounted solar systems along motorways and multi-track railway lines.

Source: Press release from July 28, 2023

In recent years, the integration of photovoltaic systems in agricultural operations has developed into a promising trend. The decision in Lower Saxony to privilege agri-PV systems represents a necessary legal push for the connection between energy production and agricultural use. The new regulations eliminate the need for a separate permit for agri-PV systems under 2.5 hectares if they are functionally linked to agricultural or forestry operations. This move encourages the use of vertical, bifacial installations oriented in an east-west direction as they require less space and can even provide better results during drought periods. In addition, these installations promote a more even utilization of the power grid as they supply their energy mainly in the morning and evening, thus avoiding the typical midday peak seen with traditional solar systems.

Agri-PV systems and agriculture: A symbiotic relationship

Agri-PV systems offer a fascinating opportunity to combine agriculture and energy production. By installing solar panels on agricultural land, farmers can not only produce environmentally friendly energy but also increase their productivity. Installing solar panels on farmland or pasture opens up new sources of income for farmers as they can now provide not only food but also clean energy to the community.

The advantages of vertical, bifacial installations

The decision to promote vertical, bifacial agri-PV installations in the east-west direction is based on several key advantages. Firstly, these systems require less space compared to traditional solar systems that are installed horizontally. This allows farmers to continue carrying out their agricultural activities on the same land and prevents valuable cropland or pasture from being used exclusively for energy production.

Second, bifacial solar panels are able to absorb light from both sides, resulting in increased energy production. This is particularly advantageous in regions with high reflectivity or snow-covered ground, as the modules can also capture light reflected from below.

Contribution to network stability and peak load management

The timing of energy production from agri-PV systems offers another important advantage. By focusing energy production primarily in the morning and evening hours, these installations help reduce the load peaks that typically occur during midday on traditional solar systems. This contributes to a more stable overall power grid utilization and makes it easier to manage energy demand.

Agri-PV systems and water efficiency

An interesting aspect of agri-PV systems is their potential positive impact on water efficiency in agriculture. Because these installations require less land, they allow for better irrigation and water use on the remaining agricultural land. This is particularly significant in arid regions where water scarcity is a challenge.

Agriculture and energy production

Agri-PV systems represent a promising opportunity to balance agriculture and energy production. By privileging these systems and promoting vertical, bifacial installations in an east-west direction, we can support both the environment and farmers. The integration of high-quality solar panels on agricultural land opens up new opportunities for a sustainable future in which we can generate clean energy while increasing agricultural productivity.

The importance of Agri-PV systems for energy production in agriculture

Agri-PV systems, also known as agricultural photovoltaics, play a significant role in energy production in agriculture. The integration of energy production and agricultural use is a topic of great importance, and the minister from Lower Saxony underlines the importance of agri-PV systems in this context. This innovative technology enables agricultural businesses to use solar systems in a vertical bifacial orientation in an east-west direction. A notable advantage is that these installations take up minimal space and can even provide shade benefits during drought periods. In addition, Agri-PV systems are characterized by a more even distribution of electricity to the grid, with the main electricity generation occurring in the morning and evening hours. This new legal decision allows simplified approval of agri-PV systems of up to 2.5 hectares in connection with farms, further promoting the use of renewable energy in agriculture.

Advantages of Agri-PV systems

1. Sustainable energy production

The implementation of Agri-PV systems represents a significant step towards sustainable energy production in agriculture. By using agricultural land to install solar systems, farmers can not only cover their own energy needs, but also make a valuable contribution to the energy supply of the To keep company. The increased use of renewable energies helps to reduce dependence on fossil fuels and thus reduce emissions of climate-damaging CO2 in the long term. Agri-PV systems therefore make an important contribution to global climate protection.

2. Efficient use of space

The installation of Agri-PV systems in vertical bifacial orientation requires minimal space on the agricultural land. This aspect opens up the possibility for farmers to continue carrying out their agricultural activities on the land while producing renewable energy. Given the often limited availability of agricultural land, efficient use of space is of great importance, and agri-PV systems help to make optimal use of this land and thus promote sustainable energy production.

3. Shade benefits during droughts

Another key advantage of Agri-PV systems is that they can provide shade benefits during drought periods. The solar systems not only generate electricity, but also provide shade for agricultural crops. This has a positive impact on the microclimate of the areas and helps reduce water consumption. This aspect can be particularly important in times of drought and can have a positive impact on agricultural production.

The importance of even power distribution

Agri-PV systems are characterized by a special feature: the more even distribution of electricity into the grid. Due to their orientation and focus on energy generation in the morning and evening, they offer power distribution that counteracts peak load times. This means that the power grid is relieved and a more stable and efficient energy supply can be guaranteed. A reliable power supply is crucial for a sustainable energy future, and agri-PV systems make a valuable contribution here.

Simplified approval procedures

The current legal decision to allow simplified approval of agri-PV systems under 2.5 hectares in connection with agricultural operations is a significant step towards promoting renewable energy in agriculture. This measure will make it easier for farmers to install such systems and thus make their contribution to sustainable energy production. This not only promotes the expansion of renewable energies, but also strengthens agriculture as an important player in the energy transition and contributes to the diversification of energy sources.

Sustainable energy production and efficient use of space

Agri-PV systems represent a promising and innovative solution to successfully combine energy production and agricultural use. The minister rightly emphasizes the importance of this technology for a sustainable future. The advantages, such as sustainable energy production, efficient use of space, shade advantages during droughts, even electricity distribution and simplified approval procedures, make Agri-PV systems an important player in the promotion of renewable energy in agriculture. This step is of great importance to meet the challenges of climate change and shape a green and sustainable future.