Carinthian Photovoltaic Systems Ordinance 2024 – (no) separate zoning required

On August 15th, 2024, the Carinthian Photovoltaic Systems Ordinance 2024 (LGBl 58/2024; in short: “K-PhV 2024”) came into force, aiming to bring more dynamism and, above all, speed up the expansion of photovoltaic systems. The main focuses include the elimination of zoning procedures for certain photovoltaic systems, self-sufficiency, and the protection of agricultural production areas. The ordinance applies to all photovoltaic systems, including agrivoltaic systems, that are installed in Carinthia. The K-PhV 2024 does not affect photovoltaic systems that legally exist at the time of entry into force.

Caroline Weiß has outlined the key content of the K-PhV 2024 below:

I.) No separate zoning required (see section 4 K-PhV 2024)

Photovoltaic systems on physical structures or on land for installations

Photovoltaic systems that are installed on physical structures or erected on land designated for installations subject to waste management law, electricity industry regulations, water law, railway law, cable car law, commercial law, aviation law, mineral resources law, shipping law or road law, or on emission protection strips as well as photovoltaic systems used for shading and protecting parking lots, generally do not require a separate designation in the zoning plan.

Photovoltaic systems in commercial or industrial areas

Photovoltaic systems may be installed on land in commercial and industrial areas, provided that they are in direct spatial relation with a commercial, industrial or municipal operation and the energy generated must primarily serve to cover the annual energy needs of this operation (regardless of the operator).

Photovoltaic systems in special areas according to section 24 K-ROG 2021

Photovoltaic systems may be installed on land in special areas (such as areas designated for excursion restaurants, mountain refuges), provided that they are in direct spatial relation with the building and other associated structures legally erected there and, based on the annual energy needs, primarily serve to supply these structures (regardless of the operator).

Photovoltaic systems adjacent to buildings or other structures

Photovoltaic systems that are primarily used for the self-supply of legally constructed buildings and other associated structures may be installed in direct spatial relation with them, provided that this area has the same zoning as the land on which the buildings and other structures to be supplied are located. The total area of the PV modules must not exceed 2,200 m².

Photovoltaic systems in the back or front yard

Contrary to the previous provisions, photovoltaic systems with a module area of up to 100 m² may be installed in an associated back or front yard of a legally constructed building, irrespective of the designated land use.

Agri-photovoltaic systems for intensive fruit growing, poultry farming or fish farming

For agri-photovoltaic systems as defined by the ordinance that are erected on land used for sustainable agricultural production and that also serve to protect and shade areas used for intensive fruit growing with stone and pome fruit, poultry farming or fish farming (see section 3 para. 1 (1) K-PhV 2024), no separate land designation in the zoning plan is required.

II.) Separate zoning required (see section 5 K-PhV 2024)

Photovoltaic systems on grassland

Photovoltaic systems that do not meet the criteria for the omission of a separate zoning designation (see point I.) may only be erected on land that is designated as “grassland – photovoltaic system” in the zoning plan.

The contiguous zoning areas may, in principle, not exceed 4 ha. In certain cases, an area of 10 ha is permissible (e.g., on areas that are already contaminated or sealed) and in particularly justified individual cases even more. A minimum distance of 1,000 m must be maintained between the designated areas, although a smaller distance is (only) permissible in certain particularly justified individual cases.

Agri-photovoltaic systems in grazing areas

An agri-photovoltaic system within the meaning of this ordinance is also a photovoltaic system erected on cultivated land used for sustainable agricultural production, which is located within an area intended for grazing with a minimum livestock density of 1.5 livestock units (livestock units according to Annex A of the Special Guideline ÖPUL 2023) per hectare for at least 120 days per year (see section 3 para. 1 (2) K-PhV 2024). These may only be erected on land that is designated as “grassland – photovoltaic system” in the zoning plan.

With regard to the extent of the contiguous zoning areas and the minimum distance between the designated areas, the above statements on photovoltaic systems on grassland also apply to agri-photovoltaic systems in grazing areas.

III.) Site requirements for zoning (see section 6 K-PhV 2024)

The sites for photovoltaic systems must be selected in such a way that they are not expected to have any significant environmental impact. For example, they may not adversely affect road safety, e.g., due to glare or reflections. The interests of monument protection need to be appropriately considered and areas with high-quality soils have to be protected as far as possible with regard to the productive function of the soil.

To protect the open countryside, sites for photovoltaic systems (with the exception of agri-photovoltaic systems in grazing areas) must be located in the vicinity of existing infrastructure facilities and other structures, such as transformer stations. Locations for photovoltaic systems may not include, for example, nature reserves, certain landscape protection areas, wildlife corridors, sites within specific hazard zones, locations with a high susceptibility to mass movements (such as rockfall, landslides, mudslides, avalanches) and prime contiguous areas of at least 30 ha which also include soils of particular importance with regard to the production function.

Conclusion

The elimination of zoning procedures can indeed accelerate the expansion of (at least certain) photovoltaic systems. However, project applicants must carefully consider in advance (i.e., justify and document the relevant reasoning) where and for what specific purpose (in addition to the mere generation of electricity) the photovoltaic system or agrivoltaic system is to be realized (in the long term). We will be happy to support you in all these considerations and generally on the way to a successful system implementation.

The expert team of the 360° Renewable Energy practice group will be happy to answer any further questions and provide legal advice on this topic. Further articles on the topic of renewable energy can be found on the 360° Renewable Energy website.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.

20. August 2024