Energia da fonti rinnovabili e tutela del patrimonio culturale e del paesaggio: il caso dell’agrivoltaico

Abstract

The essay analyses the regulatory context in which the regulation of photovoltaic systems in agricultural areas and, in particular, agrivoltaics has been articulated in the Italian legal system in light of the legislator’s guidelines, including those introduced with the d.l. n. 63 of 2024, and administrative jurisprudence. There is, in fact, an immanent dilemma between the development of alternative energy sources and the protection of the landscape and agricultural traditions of the territories. The “Italian way” is now to inhibit the allocation of photovoltaic systems on agricultural land and to develop agrivoltaics by combining with the right balance, energetic transition and environmental and landscape sustainability. This choice takes on even more significant connotations for the Islands subjected to a greater degree of vulnerability, environmental sustainability needs and energy dependence. In this sense, the experiences of the Sicilian Region and the Sardinia Region should be remembered