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Virginia Administrative Code
Title 9. Environment
Agency 15. Department of Environmental Quality
Chapter 60. Small Renewable Energy Projects (Solar) Permit by Rule
6/26/2025

9VAC15-60-130. Small solar energy projects less than or equal to five  MW or less than or equal to 10 acres or meeting certain categorical criteria.

A. The following projects shall be subject to this section.

1. Projects with a rated capacity greater than one MW and less than or equal to five MW;

2. Projects with a disturbance zone greater than two acres and less than or equal to 10 acres; and

3. Projects located on previously disturbed or repurposed areas with a rated capacity up to and including 150 MW and no impacts to more than two acres of undisturbed land beyond the designated disturbed area. Projects located on a brownfield site shall work with the DEQ Office of Remediation Programs (ORP) to verify the brownfield designation.

B. An applicant seeking a PBR under this part shall submit the following:

1. An NOI in a format approved by the department.

2. A certification by the governing body of any locality wherein the project will be located that the project complies with all applicable land use ordinances.

C. The applicant of a project is not required to submit any notification or certification to the department if the applicant meets at least one of the following criteria:

1. The project has either a rated capacity equal to or less than one MW or a disturbance zone equal to or less than two acres; or

2. The project falls within at least one of the following categories, without regard to the rated capacity or the disturbance zone of the project:

a. The project is mounted on a single-family or duplex private residence.

b. The project is mounted on one or more buildings less than 50 years old, or if 50 years of age or older, have been evaluated and determined by DHR within the preceding seven years to be not VLR-eligible.

c. The project is mounted over one or more existing parking lots or existing roads and any impacts to undisturbed areas do not exceed an additional two acres.

d. The project utilizes integrated PV only, provided that the building or structure on which the integrated PV materials are used is less than 50 years old, or if 50 years of age or older, has been evaluated and determined by DHR within the preceding seven years to be not VLR-eligible.

Statutory Authority

§ 10.1-1197.6 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 21, eff. July 18, 2012; amended, Virginia Register Volume 41, Issue 20, eff. June 18, 2025.

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