Constitutional Court of Bulgaria annuls exemptions for renewables on agricultural land

The Constitutional Court of Bulgaria scrapped a legal provision that enabled investors to build agrivoltaic facilities on high-grade agricultural land without changing its purpose, and one that simplified the procedure of changing the purpose to build renewable energy plants intended for non-agricultural needs.

Authorities can’t simplify procedures for renewable energy plants at the expense of agricultural land, a limited and non-renewable resource, according to the Constitutional Court of Bulgaria. The judges scrapped controversial measures aimed at promoting agrivoltaic and green energy facilities.

President Rumen Radev challenged them a year and a half ago, after the National Assembly changed the Agricultural Land Protection Act. He argued that it increases the risk of uncontrolled land conversion. The amendments have also affected energy legislation.

The court said the country’s constitution obligates the government to protect the environment and biodiversity and ensure the rational use of natural resources. Arable land is only for agricultural purposes and changes are allowed only exceptionally, if there is proven need and in line with the procedure determined by law, it added.

Agrisolar exemption lacked clear, precise criterion

It is unacceptable for basic legal provisions to be introduced in a bylaw to fill gaps in the law, the ruling reads.

The Constitutional Court annulled the exemption for agrivoltaic (agrisolar) projects from the obligation to change the purpose of the land. The definition of the concept in a bylaw, that it allows unhindered use of agricultural land, is insufficient for an exception, judges explained. They said a clear and precise criterion is required.

The other legal provision that the court scrapped was the simplification of the procedure to repurpose agricultural land for investments in renewable energy plants for non-agricultural purposes. Radev has disputed another similar measure, but parliament deleted it from the law in the meantime, so the Constitutional Court rejected his complaint.

Notably, investors now face higher expenses.

Upon Radev’s complaint, lawmakers reinstated rule protecting higher-quality arable land

In 2013, the president also moved to overturn allowing wind, solar, hydropower and geothermal and bioenergy facilities on agricultural land graded 5 to 10.

But lawmakers soon limited the scope to grades 7-10, like before, so the panel rejected his request to determine the constitutionality of the original rule.