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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
6/30/2025

9VAC15-60-20.   Applicability.

A. The department has determined that a permit by rule is required for small solar energy projects with a rated capacity greater than five MW and a disturbance zone greater than 10 acres, provided that the projects do not otherwise meet the criteria for Part III (9VAC15-60-130) of this chapter. The permit by rule provisions for these projects are contained in Part II (9VAC15-60-30 et seq.) of this chapter.

B. The department has determined that different provisions should apply to projects that meet the criteria as set forth in Part III of this chapter. The requirements, if any, for these projects are contained in Part III of this chapter. Projects that meet the criteria for Part III of this chapter are deemed to be covered by the permit by rule.

C. The department has determined that small renewable energy projects utilizing other solar technologies shall fulfill all of the requirements in 9VAC15-40 as prescribed for small wind energy projects, unless (i) the owner or operator of the proposed project presents to the department information indicating that the other solar technology presents no greater likelihood of significant adverse impacts to natural resources than does PV technology and (ii) the department determines that it is appropriate for the proposed project utilizing the other solar technology to meet the requirements of this chapter or of some modification to either 9VAC15-40 or this chapter, as prescribed by the department for that particular project.

D. No small renewable energy project for which an initial interconnection request application was received and accepted by the regional transmission organization or electric utility by December 31, 2024, shall be subject to the provisions of this chapter relating to analysis of and mitigation for disturbance of prime agricultural soils or forest land.

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 33, Issue 20, eff. July 1, 2017; Volume 41, Issue 20, eff. June 18, 2025.

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