Michael Healy-Rae (Kerry, Independent)
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703. To ask the Minister for Agriculture, Food and the Marine the status of solar farms (details supplied); and if he will make a statement on the matter. [9941/23]

Charlie McConalogue (Donegal, Fianna Fail)
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Under the new CAP Strategic Plan (CSP), the Eligible Hectare is the basis of payment for area-based schemes such as the Basic Income Support for Sustainability (BISS).

Within the CSP an eligible hectare is an agricultural area, that is used for an agricultural activity or, where the area is also used for a non-agricultural activity, is predominantly used for such activities.

An area is predominantly used for agricultural activity if that activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity. On this basis it is the view of my Department that the area under solar panels would normally be considered ineligible and hence deductions must be made for these areas along with any infrastructure constructed to support the solar farm such as access roads.

However, where a farmer is considering the installation of solar panels they should contact either their FAS advisor or my Department to discuss the specifics of their situation with details of the lands in question because the particular construction and operation of the solar farm may have an impact on the eligibility status of the lands in question.

In all cases, land parcels containing solar panels will only be considered eligible where an agricultural activity takes place (e.g. topping of grass) and the solar panels must not hamper the undertaking of that agricultural activity.

It is also worth noting that all the agricultural land used to claim BISS must be owned/leased/rented and must be used and managed by the applicant.