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Code of Virginia

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Code of Virginia
Title 10.1. Conservation
Chapter 11.1. Department of Environmental Quality
11/18/2024

§ 10.1-1197.7. Review and authorization of projects.

A. Upon submission of a complete application, the Department, after consultation with other agencies in the Secretariat of Natural and Historic Resources before authorizing the project, shall conduct an assessment of whether the application meets the requirements of the applicable permit by rule regulations. If the Department determines that the application is deficient, it promptly shall notify the applicant in writing and specify the deficiencies.

B. Any interested party, including an applicant for a permit, who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department pursuant to this section, and who is aggrieved by the final decision of the Department, shall only have the remedies provided by subsection C.

C. Any interested party seeking judicial review for the final decision of the Department pursuant to this chapter shall file such action in the Circuit Court of the City of Richmond within 30 days of such decision in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act. The court shall hear and decide such action as soon as practicable after the date of filing. Any conflicting provisions of the Administrative Process Act shall be superseded by the requirements of this subsection.

2009, cc. 808, 854; 2024, cc. 717, 774.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.