Solar development has been increasing in popularity in the U.S. recently, and there’s been a lot of discussion about incorporating more solar panels on agricultural land. This has caused a lot of tension, as farmers are concerned about a potential drop in the ag economy as well as the loss of prime ag soil and protected farmland. However, solar developers prefer using farmland for their solar projects, as the land is already cleared and has generally flat terrain. How do we find a compromise?
Peggy Hall, attorney and director of the Ohio State University Ag & Resource Law Program, and Jesse Richardson, a professor of law and lead-land use attorney in the West Virginia University College of Law, hosted a webinar to explain the importance of agrivoltaics – the practice of combining solar energy production with agriculture on the same land. Hall and Richardson believe this practice could potentially be a solution for the tension between solar and ag.
Agrivoltaics can be designed in two ways: Ag production can occur beneath solar panels or between rows of solar panels. Although there are approximately 567 projects occurring in the U.S., “production is going so quickly that the research is lagging behind,” explained Richardson.
Through research, the industry is learning what type of agriculture thrives best in agrivoltaic settings, such as sheep grazing and shade-tolerant/preferring crops like kale, peppers and potatoes. Fruit trees don’t seem to succeed in these environments, and goats tend to climb on and cause damage to the solar panels.
Agrivoltaics can provide an additional source of income for the landowner, with reports showing some “producers getting $1,000 an acre,” noted Richardson. The solar panels provide shade that livestock and some crops enjoy, provide habitats for pollinators and the shade and vegetation can help conserve water on the property. This vegetation is beneficial for the solar developer as well, because solar panels are less efficient as they get hot – and vegetation can lower the temperature by as much as 9º.
There are a lot of challenges that come with agrivoltaics, especially for landowners. If the land was previously being used for crops or livestock, Richardson said, “you have to make sure that the solar project is designed to accommodate your production.” These accommodations, which are an additional cost, could be widening the rows between panels so equipment can fit or elevating the panels to fit your crops or livestock underneath. There’s also the risk of livestock damaging the panels.
There have been multiple federal proposals to regulate the conversion of ag land into solar development projects, but none have received enough traction. Instead, many states have taken over this responsibility within their borders, with many providing incentives to get involved in agrivoltaics. Richardson explained, “State and local governments are often saying ‘We want renewable energy’ and ‘We want to protect farmland,’ but how do you integrate those two?” One way to compromise is through zoning.
Zoning helps define what can be built on a certain plot of land. In this case, a farmer can only participate in agrivoltaics if they fit the zoning regulations. Some aspects to be considered are small-scale vs. large-scale solar projects, fencing requirements, drainage requirements, the properties’ access to roads and plans for soil removal and decommissioning.
If a state or local government doesn’t have regulations, “the solar producers decide where, how much and when they’re going to put the solar farms in,” Richardson said.
With the current tension between using land for either agriculture or solar projects, agrivoltaics can be a great solution. However, agrivoltaics isn’t a realistic goal for all farmers.
Richardson noted, “Agriculture and solar production can coexist in certain places and in certain situations, but not all the time.”
by Kelsi Devolve
