Four Gaza Envelope Kibbutzim Prevail in Appeal to Establish Solar Field Projects
In the wake of October 7, 2023, the Israel Land Authority issued a temporary order increasing the quota for solar fields allocated to kibbutzim in the Tkuma region adjacent to the Gaza Strip. Relying on this temporary order, several communities invested significant resources in advancing solar field projects. However, the Committee for the Preservation of Agricultural Land and Open Spaces objected to these advanced plans and demanded that the projects be converted into agrivoltaic projects, arguing that solar fields may harm agriculture.
On March 18, 2026, the Planning Administration’s Appeals Committee accepted an appeal filed by four of the kibbutzim—Magen, Erez, Nir Yitzhak, and Ein HaShlosha—overturning the Committee for the Preservation of Agricultural Land and Open Areas’ ruling and allowing the solar field projects to proceed. The Appeals Committee reasoned that given the early-stage development and high construction costs associated with agrivoltaic projects, priority should be given to the rehabilitation of the four kibbutzim in the Tkuma region.
What About Other Communities in the Region?
The Appeals Committee emphasized that its decision was based on the fact that district committees had already advanced these four kibbutzim’s plans prior to the adoption of Amendment 24 to NOP 1, which addresses agrivoltaic facilities, as well as the unique circumstances of the Tkuma region. This suggests that communities whose plans did not reach an advanced stage before the adoption of Amendment 24 to NOP 1 may encounter difficulties in pursuing similar projects. Accordingly, we recommend that such communities consult with professionals to assess their next steps.
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Adv. Hagit Ben Moshe is a partner and head of the Kibbutz Sector and Energy Department.
Barnea Jaffa Lande is one of the most experienced firms in Israel providing legal advice to entities in this sector, including kibbutzim, moshavim, purchasing organizations, and other types of cooperatives, as well as to outside entrepreneurs interested in investing in kibbutz industries. The firm’s legal services cover real estate transactions, rezoning of agricultural lands, land use arrangements, obtaining recognition of historic rights to real estate, land reclamations, establishment of new cooperatives, mergers and acquisitions, privatizations, dispute resolution and litigation, and legal opinions on diverse subjects.