Agrivoltaism must contribute to the establishment, maintenance or development of agricultural activity. The projects are therefore subject to several criteria, defined by a decree of 2024. Drouot Avocats takes stock of these obligations with explanations from Maître Camille Wautier and Maître Anne-Sophie Vargues.
Supporting agricultural activity
The project must above all participate in achieving one of these objectives : adaptation to climate change, protection against climatic hazards, improvement of animal welfare, or even improvement of the agronomic potential or the agronomic impact of the soil, recalls Me Wautier.
Agricultural activity must remain the main activity on the plot. For this, the maximum coverage rate of the total surface area is limited to 40%, for installations of more than 10 megawatts peak not appearing on the list of proven agrivoltaic technologies.
In addition, the area of the plot which is no longer usable due to the agrivoltaic installation must not exceed 10% of the total area covered by this installation. Furthermore, the height of the installation and the spacing between rows must allow normal operation, that is to say easy circulation. It must not hinder the passage of machinery on mechanized farms.
Finally, agricultural production must remain significant. This criterion is assessed based on production: the yield must be at least 90% equal to the yield of a control plot without agrivoltaic installation. For greenhouses, it is evaluated based on local historical data. Finally, for breeding, we observe the rate of biomass, productivity, or stocking to assess this significant character, explains Maître Wautier.
The average income after the installation of the agrivoltaic installation must not be lower than that observed before the installation.
Note that, in accordance with the objective of zero net artificialization set by the Climate and Resilience law, the installation must be reversible.
Controls and sanctions
The decree provides for several control phases: a prior control, a control six years after installation, and periodic controls whose frequency and dates depend on the nature of the projects.
Sanctions are also provided for in the event of non-compliance with the criteria set by the decree. They can be administrative, financial, and can go as far as dismantling the operation.
