ADMINISTRATIVE LAW | Where can a renewable energy plant be built? Italian Regions given the power to identify suitable areas

On 2 July 2024, the “eligible areas” Ministerial Decree of 21 June 2024 (the “Decree”) was published. The Decree sets out the principles that the Italian local regional administrations (the “Regions”) are to comply with when identifying suitable areas for the installation of renewable energy plants. Under Article 1 of the Decree, within 180 days from the entry into force of the Decree (i.e. 31 December 2024), the Regions must distinguish between locations that are eligible for a simplified procedure for the construction of a renewable power plant, areas that are not suitable, areas where the ordinary authorisation regimes apply and areas where the installation of photovoltaic plants with ground-mounted modules is prohibited. Article 7 of the Decree states that, when identifying eligible sites, the Regions must take into consideration the need to preserve cultural heritage, landscape, agricultural and forest areas, and air and water quality. Hence, they shall prioritise the use of built-up areas, designated for industrial, craft, service and logistics purposes. Moreover, Article 7 deems as ineligible all the areas that are included in the scope of cultural assets and landscape assets, under Articles 10 and 136.1(a) and (b) of Legislative Decree No. 42 of 22 January 2004. Furthermore, the provision provides the Regions with the discretionary power to designate additional areas as unsuitable.

Newsletter n. 98 – July 2024