Land Management and Utilization

Volume 2 Issue 1 (2026): In Progress

Research Article Article ID: 2317

Agrivoltaics in Italy: Agricultural Continuity, Authorisation, and Suitable Areas under Law No. 4/2026

Recent legislative reforms in Italy have reshaped the legal framework governing agrivoltaic installations, particularly following Law No. 4 of 15 January 2026, which converted Decree-Law No. 175 of 21 November 2025 and amended the Renewable Energy Sources Consolidated Act (Legislative Decree No. 190/2024). This article examines how the reform affects the legal classification of agrivoltaic projects and the conditions for their authorisation on agricultural land. The analysis adopts a doctrinal legal method based on statutory interpretation, review of relevant administrative materials, and comparison between the new provisions and the previous regime. It argues that the reform consolidates agrivoltaics as an autonomous legal category of integrated land use, distinct from ground-mounted photovoltaic installations, and introduces a more selective regulatory model. Key innovations include the strengthening of agricultural continuity as a substantive legal requirement, the introduction of a certified professional declaration linked to a minimum threshold of 80% of Gross Saleable Production (GSP), enhanced documentary obligations during the authorisation phase, post-installation municipal monitoring, and quantitative limits linked to the calculation of suitable agricultural areas. These measures increase the evidentiary burden on project developers and agricultural undertakings while reinforcing the protection of productive agricultural land. The article concludes that the reform establishes a more rigorous balance between renewable energy deployment and land preservation, although its practical effectiveness will depend on the development of consistent administrative practices capable of limiting territorial divergence and litigation.