Agrivoltaics Ordinances for Greater Deployment of Solar with Agriculture

Introduction

Agrivoltaics combine solar-generated electricity and agricultural activities in a dual use of farmland. Agrivoltaics present a way to expand solar capacity, while maintaining land in agricultural production. An agrivoltaics project has ground-mounted solar photovoltaic panels to produce electricity, along with intensively grown berries and vegetables, pollinator habitats, or the presence of grazing livestock—especially sheep.

There are three general types of solar projects that incorporate agrivoltaics (Daniels and Chen 2025; Edington 2024):

1. Solar electricity is used exclusively on the farm;
2. Community solar, in which a solar developer sells the generated electricity to a utility company, which then provides a credit on the electricity bills of local residents; and
3. Utility-scale solar, in which a solar developer sells the generated electricity to a utility company for distribution across the electrical grid.

Although solar development has faced recent setbacks, it has proven to be increasingly popular, as the U.S. strives for further energy independence. In 2012, solar deployment made up just 10% of America’s new electricity generating capacity. In 2024, it made up over 60% (Solar Energy Industries Association (SEIA) 2025).

The passage of the One Big Beautiful Bill Act in 2025 ended the 30% investment tax credit for solar development. In addition, 166 county governments across the U.S. have reportedly adopted either restrictions or bans on solar development (Weise et al. 2024). In nearly every state, agrivoltaics projects require specific approval from the local government.

While cutbacks to financial incentives and increases in obstacles from local governments pose challenges for future solar development, they also highlight the importance of investigating alternatives to traditional solar, such as agrivoltaics, which have the potential to garner greater public support. The purpose of this study is to investigate how local government zoning ordinances could promote agrivoltaics to help overcome local opposition to solar development. This opposition to solar projects has emerged over four key issues:

1. Aesthetics: Solar panels look industrial, which can change the character of a rural community (American Farmland Trust (AFT) 2022);
2. Loss of Productive Farmland: Farmland under solar panels usually does not support crops or livestock, which can disrupt a local farming economy (Carlson 2026);
3. Competition for Land: Solar developers typically pay more to rent farmland than local farmers can afford (AFT 2022); and
4. Potential Impact on Property Values: Some neighboring landowners fear that solar development would reduce the value of their property (Weise et al. 2024).

Although agrivoltaics projects are relatively new, more than 600 now exist across the U.S. (National Renewable Energy Laboratory (NREL) 2026). In Virginia, the Roundabout Meadows Community Farm is using their agrivoltaics project to power farm equipment, such as pumps, electric fences, and lighting—as well as to provide pasture for sheep and raising crops. Although their operation is small (only a quarter acre), it serves as an example of how agrivoltaics can be used to create a closed-loop system for food and renewable energy (Vaughan 2025).

In Colorado, Jack’s Solar Garden (JSG) provides a model for community solar agrivoltaics projects. The five-acre project produces 1.2 megawatts (MW) of electricity, enough to power 300 homes in the greater Longmont, Colorado community (Gilchrist 2024).  In addition to their energy production, JSG grows a diverse range of crops and hosts a pollinator garden under the solar panels.

Utility-scale solar agrivoltaics projects are relatively rare, as they typically involve at least 30 acres, though they often cover several hundred acres or more. Currently, elevated solar panels that would enable farmers to operate tractors beneath them are prohibitively expensive. Growing extensive crops, such as corn and wheat, in agrivoltaics projects is unfortunately not yet financially feasible. Alternatively, growing vegetables or berries under and between solar panels on dozens or hundreds of acres would require a large labor force.

Most commonly, utility-scale agrivoltaics projects incorporate grazing sheep, as they do not damage the panels (Figure 1). According to the American Solar Grazing Association, there were approximately 113,050 sheep on 129,000 acres across more than 500 solar sites with an electrical generating capacity between 18,000 and 26,000 MW (Andrew et al. 2025). The largest utility-scale agrivoltaics project to date is in Texas, with more than 13,000 sheep on eight solar facilities totaling 12,600 acres (Sotirakopoulos 2025).

Although agrivoltaics projects are promising, they  generate a very small share of the nation’s renewable electricity capacity (U.S. Department of Energy (DOE) 2025). The U.S. DOE has projected that solar, mainly from utility-scale projects, will produce 45% of the nation’s electricity by 2045 (U.S. DOE 2021). With current solar technology, reaching this level of production would require 10 million acres of land.

American Farmland Trust (AFT) has projected that 83% of solar development will occur on agricultural land (AFT 2022). In response, many counties in rural areas have imposed limits on solar development (Weise et al. 2024). Agrivoltaics could prove crucial to reducing opposition to solar deployment and contributing to the transition to clean energy. However, to ensure that solar developers incorporate agrivoltaics into their projects, as opposed to exclusively solar arrays, they will need incentives from local, state, and federal governments.

Goals of the Study

This study sought to answer five questions related to agrivoltaics ordinances through a general web search of zoning and agrivoltaics-specific ordinances and publications:

1. What is an agrivoltaics ordinance and how can it be used by local governments?
2. How many local zoning ordinances address agrivoltaics?
3. Do any ordinances distinguish agrivoltaics projects from exclusively solar projects?
4. Can a local zoning ordinance favor agrivoltaics over exclusively solar developments?
5. What specific language should be included in a model agrivoltaics ordinance?

What is an Agrivoltaics Ordinance and How Can Local Governments Use It?

A local government can allow for agrivoltaics projects through its zoning ordinance, or in a separate solar ordinance. Zoning is the most common land-use regulation tool for local governments—it controls the types of development, the height of buildings and structures (such as solar panels), the setbacks of buildings and structures from property lines, the coverage of land in impervious surfaces (again, such as solar panels), and densities (how many acres of a property can be covered in solar panels).

Solar developers will often avoid areas where local governments do not clearly regulate solar, because this can lead to a longer, more uncertain and expensive approval process as developers attempt to negotiate locations and permits for their projects.

Unlike other structures permitted in zoning ordinances, solar panels have a limited lifespan (typically 25 to 30 years). Their eventual de-commissioning and removal requires the remediation of the site and a performance bond from the solar developer to ensure that the remediation is completed should the developer go bankrupt—a process not typically addressed in a zoning ordinance. To regulate the special situations that arise with solar development, several local governments have adopted a solar ordinance which is separate from their zoning ordinance (AFT 2022).

Solar ordinances enable local governments to control the installation of solar electricity-generating facilities, including the siting of the solar panels. These ordinances usually include requirements for erosion and sedimentation plans, stormwater management plans, vegetative screenings and fencing of the solar areas, limits on the size in acres of the solar generating facilities, and plans for de-commissioning and remediation of the solar sites after they cease operation.  

Local governments can encourage the deployment of agrivoltaics projects through solar ordinances. For instance, these ordinances can relax limits on project size or locations on prime farmland if the solar projects above a certain minimum acreage include an agricultural component.

How Many Local Zoning Ordinances Address Agrivoltaics?

Most solar ordinances include no specific mention of agrivoltaics. Often, agrivoltaics are assumed to be implied as a permitted use because they combine agriculture with solar electricity production.

A common problem with the development of agrivoltaics is that many local governments do not have specific solar ordinances. Even when local governments have solar ordinances, they may not explicitly describe, define, or incentivize agrivoltaics. Solar ordinances from the Town of Montgomery in Orange County, New York, and San Luis Obispo County, California provide models for agrivoltaics regulation and incentives (Town of Montgomery, NY 2026; San Luis Obispo County, CA 2026).

Do Any Ordinances Distinguish Agrivoltaics Projects From Exclusively  Solar Projects?

We found very few solar ordinances that distinguished agrivoltaics projects from solar projects, except in the definitions section of the ordinance. For example, the model solar ordinance in Appendix One identifies and specifically defines agrivoltaics projects.

The model ordinance drew from existing local government solar ordinances. Some solar ordinances either disallow or discourage solar development on prime farmland. Solar ordinances in the Town of Montgomery, Orange County, New York, and San Luis Obispo County, California waive the restriction on prime farmland if a solar project incorporates agrivoltaics

In the Town of Montgomery, utility-scale solar systems are restricted to 45% of a parcel of land; however, if a project incorporates agrivoltaics, solar panels are permitted on between 70% and 80% of the parcel. The Town typically restricts solar projects to less than 20 acres of solar panels on an individual parcel. For agrivoltaics projects, this limit is doubled to a maximum of 40 acres.

Finally, there is some evidence that local governments are more likely to approve a solar project if it involves agrivoltaics (Pascaris et al. 2021).

Can a Local Zoning Ordinance Favor Agrivoltaics Over Solar-Only Developments?

Yes. The Town of Montgomery, Orange County, New York allows additional acreage for solar development and greater use of prime farmland if the project incorporates agrivoltaics, as described above. An agrivoltaics ordinance that requires agricultural activity along with solar electricity generation could be useful for local governments to overcome some opposition to the deployment of solar facilities.

In the European Union, some national governments have minimum agricultural production requirements for agrivoltaics (Daniels 2023). Therefore, close monitoring of farms is required to ensure that farmers are growing at least the minimum volume of crops or livestock.

An easier way to regulate agrivoltaics use is to focus on how the electricity generated by the solar panels is used and then limit the acreage of ground-mounted solar panels. This limit, in turn, will restrict the maximum solar capacity of a project (Table 1).

Although federal incentives for agrivoltaics are currently unlikely, state level incentives can play an important role. As an example, Rhode Island has developed tax benefits for solar projects that incorporate agrivoltaics. The state allows lots that incorporate solar to keep their farmland property tax status if the acreage with solar panels is concurrently active farmland (Rhode Island Taxation of Farm, Forest, and Open Space Land, RI Gen. Laws § 44-27-10.1).

What Language Should Be Included In a Model Agrivoltaics Ordinance?

The planning commission of Montgomery County, Pennsylvania crafted a model solar ordinance in 2025. We amended the ordinance to incentivize agrivoltaics with lot coverage and lot size bonuses (Appendix One).

A solar ordinance must include a lot size and an impervious surface maximum. Additionally, some solar ordinances have requirements for screening solar panels to minimize glare and to reduce aesthetic impacts. The ordinance must include standards and conditions for site remediation once the solar panels are no longer generating electricity.

An agrivoltaics ordinance must specify the amount of agricultural production required for the project to qualify for incentives. Generally, an agrivoltaics ordinance is likely to be more effective for on-farm only solar electricity use and for community solar projects (Table 1). Requiring agrivoltaics for a utility-scale solar project may prove difficult for a solar developer to meet. An animal grazing enterprise is likely the only type of agriculture that would likely be feasible with a utility-scale solar facility (Figure 1).

Conclusions and Recommendations

Agrivoltaics projects can play an important role in easing concerns about the deployment of solar projects as the U.S. transitions to clean energy. Federal, state, and local governments can incentivize agrivoltaics through targeted regulations, grants, and tax inducements.

Our study explains the specifics of agrivoltaics specific ordinances, and how local governments can use them to overcome opposition to solar development. To date, agrivoltaics are mostly implied as a permitted use in local solar ordinances and in zoning ordinances that allow solar development. Few ordinances clearly distinguish agrivoltaics projects from exclusively solar projects. However, a model agrivoltaics ordinance can include specific language and metrics to guide landowners, solar developers, and the community.

Recommendations to Promote Agrivoltaics

Federal Government

To incentivize solar and agrivoltaics development, the federal government could extend the 30% investment tax credit for commercial solar development, which is currently due to expire at the end of 2027.

The U.S. Federal Energy Regulatory Commission must intervene to fix the problem of long wait times for new solar projects to connect to the transmission grid. The DOE, through its Solar Energy Technologies Office, could revive its grant program for agrivoltaics research. Congress could restore the Rural Energy for America Program (REAP), which provided grants to farmers to install solar panels.

State Government

State governments can create maps of potential solar and agrivoltaics sites for developers. States can also allow agrivoltaics projects to maintain their preferential farmland property tax status as an incentive for agrivoltaics projects.

Local Government

Local governments can provide zoning incentives for lot coverage and percentage of prime farmland under solar panels to give preference for agrivoltaics projects ahead of solely solar projects. They could also enter into developer agreements—binding contracts used as part of the zoning approval process—with solar developers to ensure that developers incorporate agrivoltaics by size and type of agriculture. Penalties would apply if the agricultural enterprise is not developed, or if operations cease.

Appendix One: Model Agrivoltaics Ordinance Highlights

Recommended Amendments to the Montgomery County, PA Model Solar Ordinance

In July 2025, the Montgomery County, Pennsylvania Planning Commission produced the Southeastern PA Model Solar Energy Ordinance  (Montgomery County 2025).

We have highlighted language and concepts from the model ordinance that address agrivoltaics, and we have edited parts of the ordinance to emphasize agrivoltaics:

1. Statement of Intent and Purpose. This section can emphasize agrivoltaics: “To mitigate the impacts of Solar Energy Systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources by promoting dual agricultural and solar land use.” (page 2).
2. Definition of Agrivoltaics. A solar ordinance should define the term “agrivoltaics.” The model ordinance defines agrivoltaics as follows:
   
   “AGRIVOLTAICS; A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services” (page 3).
   
   Agrivoltaics can be further defined by pollinator friendly vegetation and the size and type of agriculture needed to qualify a solar project as dual use agrivoltaics.
3. Identification of Zones. The ordinance should identify the zone(s) in which solar facilities and agrivoltaics are permitted as a by-right use, a special exception, or a conditional use. Typically, the zones where agrivoltaics are permitted include:
   1. Agricultural;
   2. Low-density rural residential; and
   3. Light industrial zones.
4. Identification of Surfaces. The area beneath ground-mounted solar panels should be considered pervious surface, especially where agrivoltaics are used for grazing livestock, crop production, or pollinator habitat (page 7). Ground-mounted solar panels can be exempt from lot coverage limits (page 9). Alternatively, a local government could provide a 25% increase in maximum lot coverage if the proposed solar project incorporates agrivoltaics above a certain minimum acreage (page 12).
5. Requirement of Additional Features. Vegetative screening, fencing, and landscaping should be required, both for aesthetic reasons and to protect crops and livestock within an agrivoltaics project (page 8).
6. Identification of Plan for Agrivoltaics. The site plan application should identify any areas planned for agrivoltaics and the type of agricultural activity (page 10).
7. Requirement of Supplementary Plans. A Property Operation and Maintenance Plan is recommended, especially if agrivoltaics are used and if the agricultural activities are a requirement of project approval. The plan should describe continued photovoltaic and agricultural-related activities and maintenance and property upkeep, as well as a review of erosion and sedimentation control and storm water management plans (page 10).
8. Requirement of Notification if Abandoned or Terminated. If the agricultural component of the agrivoltaics project is abandoned or ceases operation, the owner of the solar energy system must immediately notify the local government (page 13). Such abandonment or end of operation could be in violation of the permit that approved the agrivoltaics project and could trigger the de-commissioning process to remove the solar facilities and restore the site.

References

American Farmland Trust. 2022. “Smart Solar on Farmland and Ranchland.” American Trust Farmland. https://farmland.org/files/aft_smart-solar-handout-general-d-(1).pdf.

Andrew, A.C.,  A.C. Monlezun, K. Richardson, B. Owen Chase, J. Macknick, G. Plotkin, N. Armentrout, L. Hain, J. Barter, K. Campbell, D. Dotterer, D. Finnegan, J. Gray, F. Harrar, C. Owens, C. Raines, and E. Valdez. 2025. “United States Solar Grazing 2024 Census.” American Solar Grazing Association. https://solargrazing.org/us-solar-grazing-2024-census.

Carlson, C. 2026.  “Fear Over Farmland Loss Is Slowing Renewable Energy Development in Rural Areas.” The Daily Yonder. February 3, 2026.  https://dailyyonder.com/fear-over-farmland-loss-is-slowing-renewable-energy-development-in-rural-areas/2026/02/03/?utm_medium=email&utm_campaign=A%20Small%20Town%20Under%20ICE%20Occupation&utm_source=d1c8c07805&utm_source=Center+for+Rural+Strategies+-+The+Daily+Yonder+and+Rural+Assembly&utm_campaign=1a6c15c577-EMAIL_CAMPAIGN_2026_02_04_02_19&utm_medium=email&utm_term=0_-1a6c15c577-95815352&mc_cid=1a6c15c577&mc_eid=8fdb2fd4d0.

Daniels, T. 2023.  “The Development of Utility‑Scale Solar Projects on U.S. Agricultural Land: Opportunities and Obstacles.” Socio-Ecological Practice Research.  5, 205-213. https://doi.org/10.1007/s42532-023-00139-9.

Daniels, T. and I. Chen. 2025. “The Use and Potential of Agrivoltaics in the United States.” Kleinman Center for Energy Policy Digest, University of Pennsylvania. https://kleinmanenergy.upenn.edu/research/publications/the-use-and-potential-of-agrivoltaics-in-the-united-states/.

Edington, J. 2024. “Shining a Light on Agrivoltaics at Roundabout Meadows.” Piedmont Environmental Council. December 17, 2024. https://www.pecva.org/resources/publications/piedmont-view/shining-a-light-on-agrivoltaics-at-roundabout-meadows/.

Gilchrist, D. 2024. “Farming the Sun.” The Nature Conservancy. May 9, 2024. https://www.nature.org/en-us/magazine/magazine-articles/agrivoltaic-solar-farm-grows-produce/.

Montgomery County, Pennsylvania. 2025. Southeastern PA Model Solar Energy Ordinance.  https://www.montgomerycountypa.gov/archival-document?id=3915.

National Renewable Energy Laboratory. 2026. “Agrivoltaics Map.” Innovative Solar Practices Integrated with Rural Economies and Ecosystems (InSPIRE), National Renewable Energy Laboratory. https://openei.org/wiki/InSPIRE/Agrivoltaics_Map.

Pascaris A.S., C. Schelly, L. Burnham, and J.M Pearce. 2021. “Integrating Solar Energy with Agriculture: Industry Perspectives on the Market, Community, and Socio-Political Dimensions of Agrivoltaics.” Energy Resources & Social Science. 75, 102023. https://doi.org/10.1016/j.erss.2021.102023.

Rhode Island. Rhode Island Taxation of Farm, Forest, and Open Space Land. Rhode Island General Laws § 44-27-10.1.

San Luis Obispo County, California. 2026. Zoning ordinance: Solar Electric Facilities. Chapter 22.32.050 D. 9. d.  https://library.municode.com/ca/san_luis_obispo_county/codes/county_code?nodeId=TIT22LAUSOR_ART4STSPLAUS_CH22.32ENNEFA_22.32.050SOELFA.

Solar Energy Industry Association. 2025. Solar Market Insight Report: U.S. Annual Additions of New Electric Generating Capacity. https://seia.org/research-resources/solar-market-insight-report-q3-2025/. Accessed January 5, 2026.

Sotirakopoulos, A. 2025. “Behind America’s Largest Solar Grazing Agreement.” Enel North America. July 23, 2025. https://www.enelnorthamerica.com/about-us/newsroom/search-stories/stories/2025/07/largest-solar-grazing-agreement.

U.S. Department of Energy. 2021. “Solar Futures Study.” https://www.energy.gov/sites/default/files/2021-09/Solar%20Futures%20Study.pdf.

Town of Montgomery, Orange County, New York. 2026. Solar ordinance. ((https://townofmontgomeryny.gov/Portals/8/LiveArticles/1473/Introductory%20Local%20Law%203%20of%202022%20-%20Solar%20Siting%20Amendments.pdf?ver=2022-06-27-201526-903.

Vaughan, N. 2025. “Agrivoltaics: Virginia’s First Crop-Based Solar Project.” Virginia Conservation Network. October 31, 2025. https://vcnva.org/agrivoltaics-crops-solar/.

Weise, E., S.J. Beard, S. Bhat, R. Padilla, C. Procell, and K. Zaiets. 2024. “U.S. Counties Are Blocking the Future of Renewable Energy: These Maps, Graphics Show How.” USA Today. February 4 and 27, 2024. https://www.usatoday.com/story/graphics/2024/02/04/us-renewable-energy-grid-maps-graphics/72042529007/.