Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 15. Department Of Environmental Quality
Chapter 40. Small Renewable Energy Projects (Wind) Permit by Rule
1/19/2022

9VAC15-40-20. Authority and applicability.

This regulation is issued under authority of Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1 of the Code of Virginia. The regulation contains requirements for wind-powered electric generation projects consisting of wind turbines and associated facilities with a single interconnection to the electrical grid that are designed for, or capable of, operation at a rated capacity equal to or less than 150 megawatts. The department has determined that a permit by rule is required for small wind energy projects with a rated capacity greater than five megawatts and this regulation contains the permit by rule provisions for these projects in Part II (9VAC15-40-30 et seq.) of this chapter. The department has also determined that a permit by rule is not required for small wind energy projects with a rated capacity of five megawatts or less and this regulation contains notification and other provisions for these projects in Part III (9VAC15-40-130) of this chapter. Projects that meet the criteria in Part III of this chapter are deemed to be covered by the permit by rule.

Statutory Authority

§ 10.1-1197.6 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 6, eff. December 22, 2010; amended, Virginia Register Volume 31, Issue 21, eff. July 30, 2015; Volume 33, Issue 20, eff. July 1, 2017.

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