CMS Expert Guide to Agrivoltaics and Floating Photovoltaics in Norway

Yes, agrivoltaics are regulated in Norway. There is no single law that exclusively regulates solar cells on agricultural or forestry land. The construction of solar power plants on agricultural and forestry land is subject to different regulations. Several sets of rules apply ‘in parallel’, and whether a licence is required under the Energy Act determines which set takes precedence. Where a licence is required, the provisions of the Energy Act are the starting point for the establishment of the plant. Where a licence is not required, the provisions of the Planning and Building Act apply, which may be supplemented by the Land Act and the Forestry Act if the plant is located on cultivated or arable land. However, both sets of rules aim to pursue several of the same considerations, and the Regulations on impact assessments apply in both instances.

As a main rule, solar power plants with a voltage exceeding 1 000 volts AC or 1 500 volts DC will need a licence under the Energy Act. However, after 1 July 2025, the construction of plants with an installed capacity below 10 MW will not require this licence and will instead be dealt with by the municipalities in accordance with the rules in the Planning and Building Act

Solar power plants that do not require a licence must firstly not conflict with the land-use objectives for the property pursuant to the Planning and Building Act. Installations that are sought to be built in areas that are regulated as agricultural, nature, outdoor recreation and reindeer husbandry areas (‘LNFR’) will probably be in line with the purpose of the area if power production is the secondary activity. In this case, the plant must primarily be dimensioned so that it produces power equivalent to the consumption due to the main activity. 

Secondly, an assessment must be made as to whether there is a need for a permit for disposing of the land for a purpose other than agricultural production pursuant to section 9 of the Norwegian Land Act. This provision applies to the construction of solar power plants on cultivated and cultivable land if there is the construction of roads, transformer stations and other infrastructure that will be regarded as irreversible measures. In such cases, permission for disposing of the land for purposes other than agricultural production is required in accordance with section 9, second paragraph of the Land Act. In the case of solar panels on cultivated land, such permission will be required if the agricultural production capacity is impaired. 

The Forestry Act applies if the land is not utilised for purposes other than forest production. The conversion of forest to grazing land does not require an application. New cultivation and the construction of agricultural roads are only permitted for agricultural purposes. ‘Clearing’ an area to establish solar power plants will not be authorised. 

In most cases, entering into a long-term land lease for a small solar power plant will require processing under the Land Act. 

Yes, there are several examples of photovoltaic systems being established on agricultural land in Norway. Most of the examples we know of have been established pursuant to a licence under the Energy Act. For example, the Buer solar power plant in Sarpsborg, which is to be built in an agricultural, nature and outdoor area, has a licence for an installed capacity of up to 1.1 MW, which can generate around 1.2 GWh of renewable energy annually. 

We are also aware of one example (as of 31 March 2025) of a solar power plant being established on fully cultivated land, where an exemption has been granted for the repurposing of agricultural land under section 9 of the Norwegian Land Act. 

The Norwegian Water Resources and Energy Directorate (NVE) also states that they have received several licence applications where solar power production is intended to co-operate with agriculture, mainly on grazing land.

It is possible to implement agrivoltaics in Norway. However, cultivated and cultivable land enjoys particularly strong protection under section 9 of the Norwegian Land Act. There is therefore a high threshold for obtaining permission to repurpose cultivated and cultivable bare land. 

In the case of fully cultivated land, anything other than farming is generally prohibited, and any other activity requires permission from the Ministry of Land Use. In this case, the Land Act requires that the land is not used in a way that makes it unsuitable for agricultural production in the future. 

Cultivable land must not be used in a way that makes it unsuitable for agricultural production in the future, cf. Section 9 (1) of the Norwegian Land Act. In general, measures that remove or alter the soil will be covered by the prohibition. 

If the establishment of solar panels is considered to not comply with Section 9 (1) of the Norwegian Land Act, an exemption may nevertheless be granted to repurpose the area pursuant to Section 9 (2) of the Norwegian Land Act. An exemption may be granted if, after an overall assessment, agricultural interests should prevail. Important factors in the assessment will be the existing regulation of the area under the Planning and Building Act, operational or environmental disadvantages for agriculture, consideration for the cultural landscape, what social benefits a reallocation will provide, and whether the area can be returned to agricultural production. 

Even for solar power plants that require a licence under the Energy Act, where Section 9 of the Norwegian Land Act does not apply directly, special assessments of agricultural considerations will be made in the assessment of whether a licence should be granted under the Energy Act. The assessment factors in Section 9 of the Norwegian Land Act will therefore in practice probably be decisive regarding whether a solar power plant requires a licence under the Energy Act. 

In summary, most commercial photovoltaic systems where electricity production is intended to cover more than just the needs of the agricultural property in question will probably require an exemption for redisposition under Section 9 of the Norwegian Land Act or a licence under the Energy Act, where agricultural considerations are thoroughly taken into consideration. It will probably be easier to establish photovoltaic systems on grazing land than on cultivated/cultivable land, which is less likely to have a negative impact on grazing in the area in question.

The potential for solar power in Norway is relatively large. The areas with the highest solar exposure are in southern and eastern Norway. Local conditions relating to cloud cover and shading from mountains, hills, vegetation and buildings affect how good the solar resources are for different areas. 

The agricultural sector has a large amount of available land, with many agricultural areas being relatively flat and open. This is an advantage in terms of solar exposure and cost efficiency when it comes to building parks. 

In addition, agricultural areas often have infrastructure such as roads and proximity to the power grid, which can reduce the cost and environmental impact of new power projects. 

At the same time, the protection of cultivated and cultivable land is very strong. As such, it is clearly most practical to establish photovoltaic systems concerning agriculture on either forest land or grazing land, on buildings or on grey areas.

No, there are no specific financial support programmes for agrivoltaics in Norway. However, there are support programmes for the establishment of solar cells in private homes through Enova, as well as support programmes for the establishment of solar power in agriculture from Innovation Norway.

Yes, FPV are regulated in Norway. In the same way as for solar cells on agricultural land, there is no single set of rules that regulates floating solar cells in their entirety. Depending on the dimensioned capacity of the installation, the regulations in the Energy Act and/or the Planning and Building Act will apply to the specific installation. In addition, the licensing requirements of the Water Resources Act may apply if the facility is to be located in a watercourse. In addition, rules on impact assessments, also in relation to the Nature Diversity Act, may apply depending on the design of the specific project. 

If the plant is planned to be in the sea outside of the so-called baselines, the Offshore Energy Act will also apply. Section 2-2 of the Offshore Energy Act states that offshore areas must be opened by the King before a licence can be granted. The Ministry may in special cases grant exemptions from these provisions; this has been done for a pilot project off Frøya.

Yes, several floating solar power plants have been installed in Norway. Both stand-alone FPV systems have been installed and also systems in connection with existing hydropower plants.

We perceive that it is perfectly feasible to install floating solar cells within the current regulations. However, thorough assessments must be made regarding which of the relevant sets of rules apply and which may require different licences to establish floating solar cells.

Floating solar power is currently an industry with enormous momentum, and it is an industry that is mobilising several large Norwegian companies. Norwegian industry has advantages for the development and industrialisation of floating solar cells based on the companies' expertise and industry in solar power, hydropower and maritime technology. In addition, Norway has a long coastline with fjords, where there is already a tradition of establishing business activities in the maritime environment.

There are no specific support schemes aimed exclusively at floating solar cells in Norway. However, there are examples of Enova providing support for specific floating solar cell projects, such as the grant of NOK 1,695,468 to a 105 kWp floating solar cell project in Rogaland County.

In addition, it is possible to apply for funding from the EU Innovation Fund for floating solar cells via Enova.