Constitutional Court

Ground-mounted solar panels: ban on installation in agricultural areas deemed lawful

It is in line with constitutional values and EU principles, reaffirming the need to protect land set aside for crop cultivation and livestock farming as far as possible

by Camilla Curcio

17 July 2026

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Translated by AI

Versione italiana

Key points

What did the Lazio Regional Administrative Court challenge?
The Council’s guidance
The Ministry of Agriculture’s position

3' min read

Translated by AI

Versione italiana

Is the ban on installing photovoltaic panels with modules situated on the ground in areas classified by town planning schemes as land designated for agricultural use.

What did the Lazio Regional Administrative Court challenge?

In Judgment No. 127/2026, filed on Thursday 16 July, the Constitutional Court referred back to the Lazio Regional Administrative Court the questions of constitutional legitimacy raised by that court – through four non-final judgments of 13 May 2025 – concerning the provision establishing the veto. This refers to Article 5, paragraphs 1 and 2, of Decree-Law 63/2024 – also known as the Agriculture Decree, converted into Law 101/2024 and containing urgent measures for agricultural, fisheries and aquaculture businesses – and to Article 2, paragraph 2 of Legislative Decree 190/2024, which regulates ‘the administrative regimes for the production of energy from renewable sources’.

In the administrative court’s view, the risk was that the legislative provisions would conflict with various principles of the Constitution, including those on the protection of the landscape and those relating to obligations in this area energy transition arising from European law.

The Council’s position

To untangle this knot, therefore, the Constitutional Court first of all highlighted the error that had been made: the Regional Administrative Court had failed to take into account that the provision in question did not – indiscriminately – prohibit the installation of all solar power plants on agricultural land, but only those with modules placed in close contact with the ground. Other systems with modules not mounted on the ground and which do not damage the plots are therefore excluded.

Subsequently, the focus shifted to the absence of a legislative definition of ‘ground-mounted modules’. This is a recognised shortcoming which, however, may be offset by the objectives of the law, which was introduced to curb the consumption of agricultural land and safeguard crops and livestock. This is also confirmed by Decree-Law 175/2025, which links the label ‘agrivoltaic plant’ only to those equipped with modules raised off the ground.

There remains an important disclaimer regarding the ban: the ruling points out that, in reality, it is not set in stone. On the contrary: Legislative Decree 199/2021 provides for exceptions which, in certain contexts, allow for derogations.

In addition to demonstrating that, contrary to the Lazio Regional Administrative Court’s ruling, the restrictions do not conflict with EU objectives on renewables and that the reference to town-planning classification of agricultural areas is not unlawful, as it provides a clear basis for applying the ban, the Constitutional Court has settled the matter, rejecting the challenges to Articles 3 and 9 of the Charter: the contested provision strikes a coherent balance between constitutionally relevant interests linked to environmental protection.

The Ministry of Agriculture’s position

It did not take long for the Minister for Agriculture, Food Sovereignty and Forests Francesco Lollobrigida to issue enthusiastic statements regarding the ruling: “They said we were wrong, that we had to resign ourselves to the idea that our countryside – our land shaped by the daily labour of farmers – would have to be sacrificed on the altar of green ideology,” he commented in a statement. “Today, however, the Constitutional Court has ruled in our favour. The judges have determined that putting a stop to the consumption of agricultural land does not violate the principles of European law and, above all, is not at odds with the values of our Constitution; on the contrary, it recognises the protection of land and agricultural production as an asset to be safeguarded.”

The priority of maintaining Italia’s leading position remains clear in the agri-food sector: ‘We have never said no to renewable energy; we have said that, if new plants are to be installed, they must allow for agricultural activity, and today the judges have confirmed that this decision is correct. We want Italia to be self-sufficient, including in terms of food, and without agricultural land, this objective would be unattainable.”