Part II. Permit by Rule Provisions
9VAC15-60-30. Application for permit by rule for small solar energy projects with rated capacity greater than five MW and disturbance zone greater than 10 acres.
A. The application for a small solar energy project with a rated capacity greater than five MW and a disturbance zone greater than 10 acres, provided that the project does not otherwise meet the criteria for Part III (9VAC15-60-130 ) of this chapter, shall contain all of the following:
1. An NOI to submit the necessary documentation for a PBR, to be published in the Virginia Register of Regulations.
a. The applicant shall submit the NOI in a format approved by the department.
(1) The initial NOI shall be submitted to the department as early in the project development process as practicable, but for all NOIs submitted after June 18, 2025, at least 90 days prior to the start of the public comment period required under 9VAC15-60-90.
(2) For all NOIs submitted after June 18, 2025, the NOI shall be submitted to the chief administrative officer and chief elected official of the locality in which the project is proposed to be located at the same time the NOI is submitted to the department.
b. Any NOI submitted after June 18, 2025, shall expire if no application has been submitted within 48 months from the NOI submittal date, unless the department receives a written request for extension prior to the NOI expiration date. An NOI extension may be granted for an additional 36 months, at which time the NOI shall expire.
c. An applicant seeking changes for a project that results in an increase of MW or acreage shall submit a new NOI using a format approved by the department.
d. The applicant shall notify the department of any change of operator, ownership, or controlling interest for a project within 30 days of the transfer. No additional fee shall be assessed.
(1) The original applicant shall notify the department of the change by withdrawing the initial NOI in a format acceptable to the department.
(2) The new applicant shall submit an NOI in a format acceptable to the department.
(3) The department will not consider the change of operator, ownership, or controlling interest for a project effective until the department receives notification from both the original applicant and the new applicant.
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. For any certification after June 18, 2025, the certification shall also include a statement of the area of the project enrolled in a forestry preservation program pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia (i.e., classified by the local assessor as forest for use-value assessment).
3. Copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the project.
4. A copy of the final interconnection agreement between the project and the regional transmission organization or transmission owner indicating that the connection of the project will not cause a reliability problem for the system.
a. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section.
b. The final agreement shall be provided to the department within 30 days of the date of execution.
c. The department shall forward a copy of the agreement or study to the State Corporation Commission.
5. A certification signed and stamped by a professional engineer licensed in Virginia that the maximum generation capacity of the project, as designed, does not exceed 150 MW.
6. An analysis of potential environmental impacts of the project's operations on attainment of national ambient air quality standards (42 USC § 7409 as implemented by 9VAC5-30).
7. An analysis of the beneficial and adverse impacts of the proposed project on natural and historic resources pursuant to 9VAC15-60-40. For wildlife, that analysis shall be based on information on the presence, activity, and migratory behavior of wildlife to be collected at the site for a period of time dictated by the site conditions and biology of the wildlife being studied, not exceeding 12 months.
8. A mitigation plan pursuant to 9VAC15-60-60 if a determination of likely significant adverse impacts has been made according to 9VAC15-60-50. The plan shall detail actions necessary to avoid, minimize, or otherwise mitigate such impacts, and to measure the efficacy of those actions.
9. A certification signed and stamped by a professional engineer licensed in Virginia that the project is designed in accordance with 9VAC15-60-80.
10. An operating plan that includes a description of how the project will be operated in compliance with its mitigation plan if such a mitigation plan is required pursuant to 9VAC15-60-50.
11. A detailed site plan and context map meeting the requirements of 9VAC15-60-70.
12. A certification signed by the applicant that the department has been notified that the applicant intends to apply for or has applied for or obtained all necessary environmental permits for the project.
13. A certification signed by the applicant that the project is being proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56 of the Code of Virginia or provides certification that (i) the project's costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge, or a rate adjustment clause or (ii) the applicant is a utility aggregation cooperative formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56 of the Code of Virginia.
14. A summary report of the 30-day public review and comment period conducted pursuant to 9VAC15-60-90, including a summary of the issues raised by the public, any written comments received, and the applicant's response to those comments.
15. The appropriate fees pursuant to 9VAC15-60-110, exclusive of in-lieu fees pursuant to 9VAC15-60-60.
B. An applicant seeking a PBR under this part shall submit the following:
1. All items identified in subsection A of this section submitted in a format acceptable to the department and all applicable fees pursuant to 9VAC15-60-110, exclusive of in-lieu fees pursuant to 9VAC15-60-60.
2. A cover letter submitted with the application that contains the following:
a. Document certification signed by a responsible person that contains the following statement:
"I certify under penalty of law that this application document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering and evaluating the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there may be significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
b. The name and contact information of the responsible person signing the document certification required under subdivision 2 a of this subsection; and
c. The name and contact information of the responsible person to receive the permit authorization.
C. Within 90 days of receiving all of the required documents and fees listed in subsection A of this section, the department will, after consultation with DCR, DHR, DOF, DWR, and VDACS, form a determination that an application is an administratively complete application or incomplete.
1. If the department determines that the application meets the requirements of this chapter, the department will form a determination that an application is an administratively complete application and notify the responsible person in writing that the person is authorized to construct and operate the facility pursuant to this chapter.
a. Any authorization to construct and operate issued after June 18, 2025, shall become invalid if (i) a program of continuous construction or modification is not begun within 60 months from the date the PBR or modification authorization is issued or (ii) a program of construction or modification is discontinued for a period of 24 months or more, except for a department-approved period between phases of a phased construction project. Routine maintenance is not considered a modification of a project.
b. The department may grant an extension on a case-by-case basis.
c. The applicant for any project for which the PBR or modification authorization has been deemed invalid shall submit a new NOI, application documents, and appropriate fees to reactivate authorization.
2. If the department determines that the application does not meet the requirements of this chapter, the department will form a determination that an application is incomplete, notify the applicant in writing, and specify the deficiencies.
3. If the applicant chooses to correct deficiencies in an incomplete application, (i) the applicant shall notify the department within 30 days of an incomplete notification, (ii) the department will follow the procedures of this subsection, and (iii) the department will notify the applicant within 60 days whether the supplemental information meets the requirements of this chapter.
4. If the application was not approved because a proposed mitigation plan was not provided by the applicant as part of the initial application and the department determines there are significant adverse impacts, the applicant shall provide a 45-day public comment period detailing reasonable actions to be taken by the owner or operator to avoid, minimize, or otherwise mitigate such impacts and to measure the efficacy of those actions. The public comment shall follow the procedures set forth in 9VAC15-60-90, except that the public comment period shall be 45 days.
5. The applicant may correct deficiencies in an application by submitting supplemental information, in which case the department will notify the applicant within 60 days whether the supplemental information meets the requirements of this chapter. If the applicant fails to submit necessary supplemental information within 90 days of the date the department provided notice of the deficiencies or within such additional time as the applicant requests and the department approves, the application shall be deemed withdrawn.
6. Any case decision by the department pursuant to this subsection shall be subject to the process and appeal provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
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 38, Issue 4, eff. November 10, 2021; Volume 41, Issue 20, eff. June 18, 2025.
9VAC15-60-40. Analysis of the beneficial and adverse impacts on natural and historic resources.
A. The applicant shall conduct preconstruction wildlife analyses. The analyses of wildlife shall include the following:
1. The applicant shall obtain a wildlife report and map generated from DWR's Virginia Fish and Wildlife Information Service web-based application or from a data and mapping system including the most recent data available from DWR's subscriber-based Wildlife Environmental Review Map Service of the following: (i) known wildlife species and habitat features on the site or within two miles of the boundary of the site, (ii) known or potential sea turtle nesting beaches located within one-half mile of the disturbance zone, and (iii) desktop information for bald eagle nesting locations from the Center for Conservation Biology at the College of William and Mary.
2. The applicant shall consult the "Coastal Avian Protection Zones" map generated on the department's Coastal GEMS geospatial data system and determine whether the proposed project site will be located in part or in whole within one or more CAPZ.
B. The applicant shall perform a preconstruction historic resources analysis conducted by a professional meeting the Secretary of the Interior's Standards for Archeology and Historic Preservation in the appropriate discipline. The analysis shall include each of the following:
1. Information on known historic resources within the disturbance zone and within one-half mile of the disturbance zone boundary identified on the context map referenced in 9VAC15-60-70 B or as an overlay to this context map, as well as in tabular format.
2. A Phase I architectural survey of all architectural resources, including cultural landscapes, 50 years of age or older within the disturbance zone and within one-half mile of the disturbance zone boundary and an evaluation of the potential eligibility of any identified resource for listing in the VLR. The architectural survey area may be refined by the applicant based on an analysis of the project's existing viewshed to exclude areas that have no direct visual association with the project. The applicant shall provide detailed justification for any changes to the survey area.
3. A Phase I archaeological survey of the disturbance zone and an evaluation of the potential eligibility of any identified archaeological site for listing in the VLR. To streamline archaeological investigations, the survey may execute research design that utilizes probability-based sampling guided by predictive modeling. Such a research design shall be approved by DEQ and DHR for use in the project prior to conducting the fieldwork.
C. The applicant shall conduct a preconstruction desktop survey of natural heritage resources and Virginia Natural Landscape Assessment Ecological Cores within the disturbance zone within six months prior to the date of the application submittal. The analyses shall include a report of natural heritage resources using either the DCR online information service order form or the DCR subscriber-based Natural Heritage Data Explorer web application and include the most recent data available of the following:
1. Documented occurrences of natural heritage resources within the disturbance zone;
2. Intersection of the site with predicted suitable habitat (PSH) models developed by DCR for rare, threatened, and endangered species;
3. Intersection of the site with the Virginia Natural Landscape Assessment Ecological Cores; and
4. Onsite surveys for natural heritage resources recommended by DCR based on the analysis required under this subsection.
D. The applicant shall conduct preconstruction mapping of prime agricultural soils on the site. The mapping of prime agricultural soils shall include the following:
1. The applicant shall use the U.S Department of Agriculture Natural Resources Conservation Service Web Soil Survey (Web Soil Survey) to map prime agricultural soils on the site. If the farmland classification of the soil map unit is "All areas are prime farmland," it shall be considered prime agricultural soils.
2. The applicant may propose to the department an alternative map of the prime agricultural soils on the site based on a report prepared by a professional soil scientist licensed by the Commonwealth of Virginia. This report shall include records of soil samples and other documentation proving the boundaries of prime agricultural soils on the site that are inconsistent with the Web Soil Survey.
3. The applicant shall tabulate the total area in acres of prime agricultural soils to be disturbed by the project.
E. The applicant shall conduct preconstruction mapping of forest land on the site. The mapping of forest land shall include the following:
1. All forest land within the boundaries of the site;
2. Areas of the site enrolled in a forestry preservation program pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia (i.e., classified by the local assessor as forest for use-value assessment); and
3. Tabulation of the total area in acres of (i) contiguous forest land to be disturbed by the project and (ii) forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia to be disturbed by the project.
F. The applicant shall provide to the department a report presenting the findings of the studies and analyses conducted pursuant to subsections A, B, C, D, and E of this section, along with all data and supporting documents. The applicant shall assess and describe the expected beneficial and adverse impacts, if any, of the proposed project on wildlife, historic resources, natural heritage resources, prime agricultural soils, and forest lands identified by these studies and analyses.
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.
9VAC15-60-50. Determination of likely significant adverse impacts.
A. The department shall find that significant adverse impacts to wildlife are likely whenever the wildlife analyses prescribed in 9VAC15-60-40 A document that any of the following conditions exists:
1. State-listed T&E wildlife are found to occur within the disturbance zone or the disturbance zone is located on or within one-half mile of a known or potential sea turtle nesting beach.
2. The disturbance zone is located in part or in whole within zone 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the CAPZ map.
B. The department shall find that significant adverse impacts to historic resources are likely whenever the historic resources analyses prescribed by 9VAC15-60-40 B indicate that the proposed project is likely to diminish significantly any aspect of a historic resource's integrity.
C. The department will find that significant adverse impacts to natural heritage resources are likely whenever the analysis prescribed by 9VAC15-60-40 C indicates that impacts to natural heritage resources will occur within the disturbance zone as verified by a site visit. No mitigation will be required solely as a result of predicted suitable habitat (PSH) models.
D. A project shall be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils.
E. A project shall be deemed to have a significant adverse impact if it would disturb more than 50 acres of contiguous forest lands or if it would disturb forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia.
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.
9VAC15-60-60. Mitigation plan.
A. The applicant shall prepare a mitigation plan for any resource for which a significant adverse impact determination has been made as a result of the analyses pursuant to 9VAC15-60-40. The plan shall detail actions by the applicant to avoid, minimize, or otherwise mitigate such impacts and shall be an enforceable part of the PBR. Mitigation included in a siting agreement and approved by a local governing body pursuant to subsection B of § 15.2-2316.7 of the Code of Virginia or zoning use conditions approved by the locality pursuant to § 15.2-2288.8 of the Code of Virginia may satisfy the mitigation obligations required for the PBR if (i) the local requirements conform to the regulations established by DEQ and (ii) the local requirement is incorporated as a specific condition of the PBR approval.
B. Mitigation measures for significant adverse impacts to wildlife shall include the following:
1. For state-listed T&E wildlife, the applicant shall take all reasonable measures to avoid significant adverse impacts or shall demonstrate in the mitigation plan what significant adverse impacts cannot practicably be avoided and why additional proposed actions are reasonable. These additional proposed actions may include best practices to avoid, minimize, or offset adverse impacts to resources analyzed pursuant to 9VAC15-60-40 A or C.
2. For proposed projects where the disturbance zone is located on or within one-half mile of a known or potential sea turtle nesting beach, the applicant shall take all reasonable measures to avoid significant adverse impacts or shall demonstrate in the mitigation plan what significant adverse impacts cannot practicably be avoided and why additional proposed mitigation actions are reasonable. Mitigation measures shall include the following:
a. Avoiding construction within likely sea turtle crawl or nesting habitats during the turtle nesting and hatching season (May 20 through October 31). If avoiding construction during this period is not possible, then conducting daily crawl surveys of the disturbance zone (May 20 through August 31) and one mile beyond the northern and southern reaches of the disturbance zone (sea turtle nest survey zone) between sunrise and 9 a.m. by qualified individuals who have the ability to distinguish accurately between nesting and nonnesting emergences.
b. If construction is scheduled during the nesting season, including measures to protect nests and hatchlings found within the sea turtle nest survey zone.
c. Minimizing nighttime construction during the nesting season and designing project lighting during the construction and operational phases to minimize impacts on nesting sea turtles and hatchlings. Proposed project lighting shall be submitted to DWR and the U.S. Fish and Wildlife Service for approval prior to construction.
3. For projects located in part or in whole within zone 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the CAPZ map, contribute $1,000 per MW of rated capacity, or partial MW thereof, to a fund designated by the department in support of scientific research investigating or minimizing the impacts of projects in CAPZ on avian resources. Payment of mitigation fee is due at the time of application submittal.
C. Mitigation measures for significant adverse impacts to historic resources shall include the following:
1. Significant adverse impacts to VLR-eligible or VLR-listed architectural resources shall be minimized, to the extent practicable, through design of the project or the installation of vegetative or other screening.
2. If significant adverse impacts to VLR-eligible or VLR-listed architectural resources cannot be avoided or minimized such that impacts are no longer significantly adverse, then the applicant shall develop a reasonable and proportionate mitigation plan that offsets the significantly adverse impacts and has a demonstrable public benefit and benefit for the affected or similar resource.
3. If any identified VLR-eligible or VLR-listed archaeological site cannot be avoided or minimized to such a degree as to avoid a significant adverse impact, significant adverse impacts of the project shall be mitigated through archaeological data recovery approved by DHR and DEQ.
D. Mitigation measures for significant adverse impacts to prime agricultural soils shall include the following:
1. For prime agricultural soils disturbed by the project, the applicant shall provide mitigation by a conservation easement for prime agricultural soils within the mitigation district at a mitigation ratio of one to one.
2. Actions to preserve prime agricultural soils on the project site shall be counted as partial mitigation per Table 1. The applicant may apply different options to different areas of the site, but options may not be combined on the same portion of the site.
Table 1 Partial Mitigation Options to Preserve Prime Agricultural Soils | ||
Mitigation Option | Mitigation Actions Required | Mitigation Ratio |
Option 1: No Change in Grade | Areas with no change in grade or topsoil removal, no trenching, maintenance of > 75% living vegetative cover, and decompaction to > 6" after decommissioning. | 1:10 |
Option 2: Preservation of Topsoil | Areas with changes in grade due to cut and fill with removal and return of topsoil, decompaction of topsoil to 6" following installation, maintenance of > 75% living vegetative cover for project lifetime, and decompaction to > 24" and surface soil amendment after decommissioning. | 1:4 |
Option 3: Decompaction of Surface Soil on Cut/Fill Areas | Areas with changes in grade due to cut and fill without topsoil salvage and return, decompaction of surface soil following installation, maintenance of > 75% living vegetative cover for project lifetime, and surface soil decompaction and soil amendment to > 6" after decommissioning. | 1:2 |
Preserving soil on site shall reduce but not eliminate the requirement for an easement or in-lieu fee.
3. Implementation of a plan to maintain any of the following management alternatives in combination with onsite soil mitigation pursuant to subdivision 2 of this subsection shall decrease the required area of off-site conservation easement by 25% of the remaining obligation: managed grazing; active cropping, including hayland; or establishment and maintenance of pollinator smart habitat/vegetation, including certification and monitoring in accordance with the DCR/DEQ POLLINATOR–SMART Comprehensive Manual. The plan shall include adequate guarantees that the management alternatives will be maintained during the term of the permit and shall only count areas of the site subject to the management alternative. The plan shall be submitted with the application and approved by the department.
4. If a project is deemed to have a significant adverse impact, that is, disturb more than 10 acres of prime agricultural soils, mitigation shall be required for the entire area of disturbance. For example, a disturbance of 11 acres of prime agricultural soils shall require mitigation for 11 acres, not one acre.
5. When significant adverse impacts affect prime agricultural soils overlain by forest land, the applicant shall provide a conservation easement for land containing forest land within the mitigation district at a mitigation ratio of one to one. For example, disturbance of 11 acres of prime agricultural soils overlain by forest land shall require 11 acres of conserved forest land.
6. An applicant may propose innovative alternatives to the required mitigation , provided that the notice of intent includes a statement that alternative mitigation is being proposed and directs the public where additional information on the alternative mitigation can be found. An example could include restoration of a degraded site to restore the characteristics of prime agricultural soils. The department may accept innovative proposals by the applicant as alternative mitigation and adjust required mitigation ratios to reflect added benefits.
E. Mitigation measures for significant adverse impacts to forest land shall include the following:
1. For contiguous forest land or forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia disturbed by the project, the applicant shall provide a conservation easement for land containing forest land within the mitigation district at a mitigation ratio of one to one.
2. If a project shall be deemed to have a significant adverse impact, that is, disturb more than 50 acres of contiguous forest land, mitigation shall be required for the entire area of disturbance. For example, a disturbance of 51 acres of contiguous forest land shall require mitigation for 51 acres, not one acre.
3. An applicant may propose innovative alternatives to the required mitigation , provided that the notice of intent includes a statement that alternative mitigation is being proposed and directs the public where additional information on the alternative mitigation can be found. An example could include afforestation of degraded land. The department may accept innovative proposals by the applicant as alternative mitigation and adjust required mitigation ratios to reflect added benefits.
F. The requirements for any conservation easements required by this section shall include the following:
1. The applicant shall submit with the PBR application a plan to obtain any easements necessary to provide the required mitigation. The plan shall include:
a. Identification of the proposed conserved land, provided the area of conserved land may be increased or decreased subsequent to submission of the plan as needed to meet the mitigation ratios approved with the application;
b. The current use of the proposed conserved land;
c. The identity of the proposed grantor and holder of any easements;
d. A brief description of the agreements with the proposed grantor and holder; and
e. A title report confirming the ownership of the conserved land and the existence of any liens, encumbrances, or restrictions.
2. Closing on any required easements shall occur within one year of the date of issuance of the PBR, unless extended by the department for good cause. Any superior lien shall be subordinated to the easement at closing.
3. The holder of the easement shall be either (i) a holder in accordance with the Virginia Conservation Easement Act (§ 10.1-1009 et seq. of the Code of Virginia) that is accredited by the Land Trust Accreditation Commission or its designated subsidiary entity or (ii) a public body in accordance with the Open-Space Land Act (§ 10.1-1700 et seq. of the Code of Virginia).
4. A conservation easement shall contain a third-party right of enforcement as defined in § 10.1-1009 of the Code of Virginia granted to the department.
5. A conservation easement shall encumber land in the same mitigation district as the area disturbed.
6. No land shall count for purposes of mitigation that is already subject to an easement or deed restriction restricting development. However, land that is restricted by an easement acquired for the purpose of mitigating solar development as part of a banking arrangement or advance purchase and is not applied to support another benefit, such as a tax credit, may be counted for mitigation. Land that is not counted for mitigation may still be included in a conservation easement.
7. Every conservation easement for prime agricultural soils shall allow agricultural activities on the conserved land. Every conservation easement for forest land shall allow silvicultural activities on the conserved land.
8. Conservation easements shall be consistent with this chapter and Department of Forestry guidelines for forest and agriculture conservation.
9. Within 30 days of closing on any easement, the applicant shall submit to the department copies of the easement and related surveys and baseline reports required by the holder.
10. The department shall base its decision on whether the proposed conservation easement complies with the requirements of this subsection on a recommendation from the Department of Forestry. The Department of Forestry shall charge the applicant a reasonable fee to review the proposed easement.
G. As an alternative to providing a conservation easement, an applicant may pay an in-lieu fee calculated as follows:
1. The in-lieu fee for mitigation will be determined by the department by adding the projected administrative costs, including agency staff time, trustee costs, legal fees, due diligence costs, stewardship fees paid to the holder, and other associated fees, to the predicted cost of a perpetual easement necessary to protect the required acreage of land. The predicted cost of a perpetual easement for prime agricultural soil shall be equal to the difference between the average fair market value of agricultural land and the average cropland use value (without risk) for Land Class I and Land Class II in the agricultural statistics district in which the project is located. The predicted cost of a perpetual easement for forest land shall be equal to the difference between the average fair market value of forest land and the average forest use value for good site productivity in the forest inventory analysis survey unit in which the project is located. The department will publish the values for each district annually based on data from the Virginia State Land Evaluation Advisory Council.
2. The Department of Forestry shall serve as the trustee to administer the in-lieu fees in trust with the purpose of acquiring conservation easements consistent with the acreage and location of the mitigation requirements. Notwithstanding the requirements of this subdivision, the trustee shall have discretion to combine fees from different applicants and make the final determination of the acreage and location of conservation easements within the mitigation district where the disturbance occurs.
3. The in-lieu fee shall be paid to the trustee prior to beginning construction as directed by the department at the time of issuance of the PBR. Payment of the in-lieu fee in full shall satisfy the mitigation obligations without waiting for acquisition of easements by the trustee. The trustee shall pay the administrative costs of the department for the in-lieu fee program from the in-lieu fees received.
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.
9VAC15-60-70. Site plan and context map requirements.
A. The applicant shall submit a site plan that includes maps showing the physical features, topography, and land cover of the area within the site, both before and after construction of the proposed project. The site plan shall be submitted at a scale sufficient for project review, may include multiple pages, and shall include the following:
1. Boundaries of the site, disturbance zone, areas of solar panels, open areas, and screening areas;
2. Prime agricultural soils;
3. Contiguous forest lands and lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia;
4. A tabulation of all the areas enumerated in subdivisions 1, 2, and 3 of this subsection;
5. Location, height, and dimensions of all existing and proposed PV systems, other structures, fencing, and other infrastructure;
6. Location, grades, and dimensions of all temporary and permanent onsite and access roads from the nearest county or state-maintained road;
7. Waterbodies, waterways, wetlands, and drainage channels;
8. Expected types and approximate areas of permanent stormwater management facilities;
9. Location of any cemetery subject to protection from damage pursuant to § 18.2-127 of the Code of Virginia; and
10. Location of any mitigation measures and resources subject to mitigation required pursuant to 9VAC15-60-60, as applicable.
B. The applicant shall submit a context map including the area encompassed by the site and within five miles of the site boundary. The context map shall show state and federal resource lands and other protected areas, Coastal Avian Protection Zones, Chesapeake Bay Resource Protection Areas pursuant to 9VAC25-830-80, historic resources, state roads, waterways, locality boundaries, forests, open spaces, farmland, brownfield sites, and transmission and substation infrastructure.
C. In the event an approved PBR includes mitigation requirements pursuant to 9VAC15-60-60 D, E, or F and the proposed disturbance zone changes from what is shown on the site plan approved with the PBR, the applicant shall submit a final development site plan including tabulation of areas required pursuant to subsection A of this section. The final development site plan shall be submitted to the department along with conservation easements or the in-lieu fees required pursuant to 9VAC15-60-60. Provided the changes were the result of optimizing technical, environmental, and cost considerations and do not materially alter the environmental effects caused by the facility or do not alter any other environmental permits that the Commonwealth requires the applicant to obtain, the final development site plan shall not be deemed a revision of the PBR.
D. The applicant shall submit as-built post-construction site plans to the department within six months after commencement of commercial operation that show the physical features, topography, and land cover of the area within the site. The plans shall contain the following:
1. The boundaries of the site, disturbance zone, open areas, and screening areas;
2. Panel placement;
3. Mitigation required pursuant to 9VAC15-60-60, as applicable; and
4. Location of any avoided cultural resources as a result of project design.
E. All site plans submitted pursuant to this section shall be accompanied by digital files containing the information in a geographic information system (GIS) file format.
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.
9VAC15-60-80. Small solar energy project design standards.
The design and installation of the small solar energy project shall incorporate any requirements of the mitigation plan that pertain to design and installation if a mitigation plan is required pursuant to 9VAC15-60-50 or 9VAC15-60-60, as applicable.
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.
9VAC15-60-90. Public participation.
A. The applicant shall conduct a public comment period for public review of all application documents required by 9VAC15-60-30 and include a summary report of the public comment as part of the PBR application. The report shall include documentation of the public comment period and public meeting and include a summary of the issues raised by the public, any written comments received, and the applicant's response to those comments.
B. The applicant shall publish a notice announcing a 30-day comment period. The notice shall be published once a week for two consecutive weeks in a local newspaper of general circulation. The notice shall include the following:
1. A brief description of the proposed project and its location, including the approximate dimensions of the site, approximate number and configuration of PV systems, and approximate maximum height of PV systems;
2. A statement that the purpose of the public participation is to (i) acquaint the public with the technical aspects of the proposed project and how the standards and the requirements of this chapter shall be met, (ii) identify issues of concern, (iii) facilitate communication, and (iv) establish a dialogue between the owner or operator and persons who may be affected by the project;
3. Announcement of a 30-day comment period in accordance with subsection D of this section and the name, telephone number, address, and email address of the applicant who can be contacted by the interested persons to answer questions or to whom comments shall be sent;
4. Announcement of the date, time, and place for a public meeting held in accordance with subsection E of this section; and
5. Location where copies of the documentation to be submitted to the department in support of the permit by rule application shall be available for inspection.
C. The owner or operator shall place a copy of the documentation in a location accessible to the public during business hours for the duration of the 30-day comment period in the vicinity of the proposed project.
D. The public shall be provided at least 30 days to comment on the technical and the regulatory aspects of the proposal. The comment period shall begin no sooner than 15 days after the applicant initially publishes the notice in the local newspaper.
E. The applicant shall hold a public meeting not earlier than 15 days after the beginning of the 30-day public comment period and no later than seven days before the close of the 30-day comment period. The meeting shall be held in the locality, or if the project is located in more than one locality, in a place proximate to the location of the proposed project.
F. For purposes of this chapter, the applicant and any interested party who submits written comments on the proposal to the applicant during the public comment period or who signs in and provides oral comments at the public meeting shall be deemed to have participated in the proceeding for a permit by rule under this chapter and pursuant to § 10.1-1197.7 B of the Code of Virginia.
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.
9VAC15-60-100. PBR change of ownership, project modifications, and reporting.
A. A PBR may be transferred to a new owner or operator through an administrative amendment to the permit. The department will incorporate the administrative changes to the PBR after receipt of the following:
1. Notification of the change in a format acceptable to the department;
2. The notice shall include a written agreement between the existing and the majority or plurality owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability between them;
3. The transfer of the permit by rule to the new owner or operator shall be effective on the date specified in the agreement described in subdivision 2 of this subsection; and
4. Information required for a change of ownership shall be submitted to the department within 30 days of the transfer date.
The department will not consider the change of operator, ownership, or controlling interest for a project to be effective until the department receives notification from both the original applicant and the new applicant.
B. A PBR name may be changed through an administrative amendment to the permit. Notification information shall be submitted in a format acceptable to the department.
C. Modification to an existing PBR, with the exception of administrative changes, shall be in accordance with the provisions of 9VAC15-60-30 B.
1. The applicant shall submit all information, documents, and studies supporting the modification. Information that is unchanged in the existing PBR shall not be submitted.
2. In addition to the information required in subdivision 1 of this subsection, a modification to an existing PBR shall also require a certification from the local government pursuant to 9VAC15-60-30 A 2, a public comment period pursuant to 9VAC15-60-90, and the appropriate fee pursuant to 9VAC15-60-110.
3. Upon receipt of all required documents, the department will review the received modification submittal in accordance with the provisions of 9VAC15-60-30 C.
4. Routine maintenance, including activity necessary to maintain the permitted capacity of the project, is not considered a modification.
D. Recordkeeping and reporting shall be provided as follows:
1. The owner or operator shall furnish notification of the following milestones:
a. The date the project began construction within 30 days after such date;
b. Commencement of commercial operation within 30 days of such date;
c. A map of the project post construction clearly showing panel configuration relative to any required mitigation and incorporating any onsite changes resulting from any onsite construction or significant onsite maintenance that could impact the project mitigation and avoidance plan within 90 days of completion of such work; and
d. For projects that contain mitigation for view shed protection or historic resources, a post-construction demonstration of completed mitigation requirements according to the approved mitigation or landscape plan within 90 days of completion of such work.
2. A copy of the site map clearly showing any resources to be avoided or mitigated shall be maintained on site during construction.
3. Upon request, the owner shall furnish to the department copies of records required to be kept by this permit by rule.
4. Within 30 days of notification, the owner shall provide any information requested by the department.
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.
9VAC15-60-110. Fees for projects subject to Part II of this chapter.
A. Fees shall be collected for a PBR or a modification to an existing PBR for a project subject to Part II (9VAC15-60-30 et seq.) of this chapter. No fee shall be required for administrative permit changes pursuant to 9VAC15-60-100 A or B.
B. Fees for PBR applications or modifications shall be paid by the applicant as follows:
1. All permit application, modification, or CAPZ mitigation fees, if applicable, are due at the time of application or modification submittal.
2. Fees shall be collected utilizing, where practicable, an online payment system. Until such system is operational, fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.
a. Fees shall be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee.
b. The department may provide a means to pay fees electronically. When fees are collected electronically pursuant to this part through credit cards, business transaction costs to the department associated with processing such payments may be assessed.
3. All incomplete payments shall be deemed nonpayments.
4. No PBR application or modification will be deemed complete until the department receives proper payment.
a. Interest may be charged for late payments at the underpayment rate set forth in § 58.1-15 of the Code of Virginia and calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past due) account.
b. The department is entitled to all remedies available under the Code of Virginia in collecting any past due amount.
C. Each application for a PBR and each modification of a PBR is a separate action and shall be assessed a separate fee. The fee schedules are shown in Table 2.
Table 2 Fee Schedules | |
Type of Action | Fee |
PBR application > 5 MW up to and including 25 MW | $8,000 |
PBR application > 25 MW up to and including 50 MW | $10,000 |
PBR application > 50 MW up to and including 75 MW | $12,000 |
PBR application > 75 MW up to and including 150 MW | $14,000 |
PBR modification > 5 MW up to and including 150 MW | $4,000 |
All applicants, unless otherwise specified by the department, shall submit the following information along with the fee payment:
1. Applicant name, address, and daytime telephone number;
2. Responsible person name, address, and daytime telephone number, if different from the applicant;
3. Name of the project and project location;
4. Whether the fee is for a new PBR issuance or permit modification;
5. The amount of fee submitted; and
6. The existing permit number.
D. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter, including PBR processing, PBR modification processing, and inspection and monitoring of projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this chapter and in § 10.1-1197.6 E of the Code of Virginia.
E. The fees received by the department in accordance with this chapter shall be deposited in the Small Renewable Energy Project Fee Fund as specified in § 10.1-1197.6 F of the Code of Virginia.
F. The department shall periodically review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.
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 29, Issue 23, eff. August 14, 2013; Volume 33, Issue 20, eff. July 1, 2017; Volume 41, Issue 20, eff. June 18, 2025.
9VAC15-60-120. Internet accessible resources.
A. This chapter refers to resources to be used by applicants in gathering information to be submitted to the department. These resources are available through the Internet; therefore, in order to assist applicants, the uniform resource locator or Internet address is provided for each of the references listed in this section.
B. Internet available resources.
1. The Virginia Landmarks Register, Virginia Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia. Available at the following Internet address: https://www.dhr.virginia.gov/programs/historic-registers/.
2. Professional Qualifications Standards, the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, as amended and annotated (48 FR 44716-740, September 29, 1983), National Parks Service, Washington, DC. Available at the following Internet address: https://www.doi.gov/pam/asset-management/historic-preservation/pqs.
3. The Natural Communities of Virginia, Classification of Ecological Community Groups, Virginia Department of Conservation and Recreation, Division of Natural Heritage, 600 East Main Street, 24th Floor, Richmond, Virginia. Available at the following Internet address: https://www.dcr.virginia.gov/natural-heritage/natural-communities/.
4. Virginia's Comprehensive Wildlife Conservation Strategy, 2015 (referred to as the Virginia Wildlife Action Plan), Virginia Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, Virginia. Available at the following Internet address: https://dwr.virginia.gov/wildlife/wildlife-action-plan/wildlife-action-plan-2015/.
C. Internet applications.
1. Coastal GEMS application, Virginia Department of Environmental Quality. Available at the following Internet address: https://www.deq.virginia.gov/our-programs/coastal-zone-management/coastal-mapping/coastal-gems. This website is maintained by the department. Assistance and information may be obtained by contacting Virginia Coastal Zone Management Program, Virginia Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219, (804) 698-4000.
2. Virginia Fish and Wildlife Information Service, Virginia Department of Wildlife Resources. Available at the following Internet address: https://services.dwr.virginia.gov/fwis/. This website is maintained by DWR and is accessible to the public as "visitors," or to registered subscribers. Registration, however, is required for access to resource-specific or species-specific locational data and records. Assistance and information may be obtained by contacting DWR, Fish and Wildlife Information Service, email: vafwis_support@dwr.virginia.gov.
3. DWR Wildlife Environmental Review Map Service (WERMS). Available at the following Internet address: https://dwr.virginia.gov/gis/werms/.
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 34, Issue 13, eff. February 19, 2018; Volume 41, Issue 20, eff. June 18, 2025; Errata, 41:24 VA.R. xxxx July 14, 2025.