Decree No. 425 / 2024 Coll.
Ordinance on Agrovoltaic Electricity Production
Valid
Order
Effective from 01.01.2025
425
DECLARATION
of 17 December 2024
o agrovoltaic electricity production plant
The Ministry of the Environment and the Ministry of Agriculture provides pursuant to § 22 (3) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 402 / 2010 Coll., Act No. 64 / 2014 Coll., Act No. 41 / 2015 Coll. and Act No. 183 / 2024 Coll., for the implementation of § 8a (1) of this Act:
Subject matter
This decree provides
(a) the types of agricultural culture registered under the Agriculture Act, which may be located on the agricultural land on which the agrovoltaic electricity plant is to be located;
(b) the conditions relating to the execution of the agrovoltaic electricity plant;
(c) the conditions relating to the installations which are essential to the purpose of the agrovoltaic electricity generation plant (hereinafter referred to as "the necessary equipment") and the facilities used for the storage of electricity from the agrovoltaic electricity plant (hereinafter referred to as the "electricity storage plant"); and
(d) the conditions for subsequent reclamation after the closure of the agrovoltaic electricity plant and the storage facility.
Species of agricultural culture
(1) On the agricultural land on which agrovoltaic electricity production is to be located, only the types of agricultural crop of vineyards, hops, fruit orchards, nursery, container area or truffle area complying with the conditions laid down by the Government Decree on the details of the land use register according to user references (1) may be located on the agricultural land on which agrovoltaic electricity production is to be located.
(2) The agricultural land on which agrovoltaic electricity production is to be located may be the type of agricultural culture of standard arable land after the start of the agrovoltaic electricity production project, provided that at least 90% of the area of the part of the soil block on which the agrovoltaic electricity production is to be located is supported at least once in the preceding three subsidy periods for the production of very high-working vegetables or high-working vegetable species under the Government Regulation on direct payments to farmers. The condition under the first sentence concerning the grant of production aid in successive subsidy periods must be fulfilled by the share of the land block during the entire period of operation of the agrovoltaic electricity plant.
(3) The agricultural area on which the agrovoltaic electricity production is to be located may also temporarily include the agricultural eel culture after the implementation of the agrovoltaic electricity production project is launched, if:
(a) the new agricultural culture referred to in paragraph 1 shall be established within a maximum of 2 years from the date of the start of the implementation of the agrovoltaic electricity production plant;
(b) the agricultural culture referred to in paragraph 1 is renewed, but only for a maximum period of 2 years from the date of the update of the land register on the basis of the declaration of the user pursuant to Article 3g (1) (e) of the Agriculture Act; or
(c) the agricultural culture referred to in paragraph 1 shall be converted into another agricultural culture referred to in paragraph 1, but only for a maximum period of 2 years from the date of the update of the land register on the basis of the declaration of the user pursuant to Article 3g (1) (e) of the Agricultural Act.
Conditions for agrovoltaic electricity production
(1) The photovoltaic modules of the agrovoltaic electricity production plant must be located at a height which allows the agricultural area under them to be managed in accordance with the agricultural culture referred to in Article 2, at least 210 cm above the surface of the agricultural land (the horizontal agrovoltaic electricity plant). The area of the project on which the necessary facilities are placed below the first sentence is not an area allowing agricultural management (hereinafter referred to as "agricultural area '). The agricultural area shall represent at least 95% of the total area of the project of the horizontal agrovoltaic electricity plant.
(2) If the agrovoltaic electricity production does not meet the requirements referred to in paragraph 1, the photovoltaic modules shall be located in one or more rows alternating with the agricultural area (the "vertical agrovoltaic electricity production '). The proportion of the width of spacing between the rows of photovoltaic modules of the vertical agrovoltaic electricity production plant and the maximum height of these photovoltaic modules above the surface of agricultural land shall not be less than 3. The area up to 50 cm on the sides of the photovoltaic modules of the vertical agrovoltaic power plant and the area of the project on which the necessary facilities are located in a way that does not allow agricultural management of the area below them is not an agricultural area available. The agricultural area shall represent at least 80% of the total area of the project of the vertical agrovoltaic electricity plant.
(3) The total area of the agrovoltaic electricity production project is determined on the basis of the project documentation under the construction law as the sum of the area enclosed by the link between the outer edges of the photovoltaic modules located on the outside of the agrovoltaic electricity production plant and other areas on the agricultural land on which the necessary facilities and storage facilities are located. The area of agricultural land under the electricity storage facility is not an agricultural area.
Agrovoltaic power plant with mobile modules
(1) In the case of a horizontal agrovoltaic power plant with mobile photovoltaic modules, the minimum height of 210 cm above the surface of the agricultural land referred to in Article 3 (1) shall be determined in the horizontal position of the photovoltaic modules or in the nearest horizontal position, excluding the technical solution for turning the photovoltaic modules into a completely horizontal position.
(2) In the case of a vertical agrovoltaic power plant with mobile photovoltaic modules, the ranges between the rows of photovoltaic modules and the distance from the photovoltaic module according to § 3 (2) shall be determined in the vertical position of the photovoltaic modules or in the nearest vertical position, excluding the technical solution for rotation of photovoltaic modules to the fully vertical position.
Necessary electricity storage and storage facilities
(1) Installation, operation or removal of the necessary equipment must not lead to permanent damage to the physical, chemical or biological properties of agricultural land.
(2) Photovoltaic modules and their supporting structures can only be located on areas forming part of a soil block with a type of agricultural culture under Section 2 of this Decree.
(3) Necessary facilities must be linked to the ground in a way that does not require a cover of cultural layers of soil. If this is not possible, such a way of connecting the necessary facilities with a country which limits the cover of the cultural layers of the soil to the extent necessary should be chosen. A pedological survey shall only be carried out at the site of a plot of cultural layers of soil. The necessary equipment, other than photovoltaic modules and their supporting structures, must preferably be placed on less quality agricultural land.
(4) The necessary equipment shall be designed and installed in such a way that it does not damage drainage and irrigation systems located on the project surface.
(5) For electricity storage facilities, paragraphs 1, 3 and 4 shall apply mutatis mutandis.
Reclamation plan
(1) The implementation of the agrovoltaic electricity plant shall allow for the complete removal of all installations after its completion so that the agricultural land can be reclamated in accordance with the approved recovery plan.
(2) The recovery plan contains:
(a) a description of the reclamation involving:
1. information on the hiding of cultural layers of soil, the location of temporary deponics and their proper treatment against degradation, where the proposed method of solution and the technology used justify the plot of cultural layers of soil; and
2. the objective and method of landscaping the land concerned by the intention and related actions, the procedure for removing the necessary facilities and the return of any cover of cultural layers of land;
(b) indication of the target status of the land;
(c) the reclamation time;
(d) maps drawn up on a photograph of a cadastral map of at least 1: 5 000 scale, showing the information referred to in (a) (1) and (2) and (b) and (c); and
(e) the budget for the envisaged costs of carrying out reclamation.
(3) During the period of carrying out the reclamation, the beneficiary shall, by agreement with the intention of the agrovoltaic electricity plant, maintain a protocol in which he records the procedures used for the reclamation, the course and dates of the reclamation work.
(4) For electricity storage facilities, paragraphs 1 to 3 shall apply mutatis mutandis.
Efficacy
This Decree shall take effect on 1 January 2025.
Minister of Environment:
Mgr.
Minister for Agriculture:
Mgr. Excellent v. r.
1) Decree of the Government No. 307 / 2014 Coll., on establishing details of land use records according to user relations, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 425 / 2024 Coll., on Agrovoltaic Electricity Production |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0