{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1197.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1197.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1197.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1197.6.html"}],"law_id":59376,"edition_id":1,"section_id":59376,"structure_id":15567,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","history":"2009, cc. 808, 854; 2017, c. 368; 2022, c. 688.","full_text":"A\n\nNotwithstanding the provisions of § 10.1-1186.2:1, the Department shall develop, by regulations to be effective as soon as practicable, but not later than July 1, 2012, a permit by rule or permits by rule if it is determined by the Department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth’s natural resources. If the Department determines that more than a single permit by rule is necessary, the Department initially shall develop the permit by rule for wind energy, which shall be effective as soon as practicable, but not later than January 1, 2011. Subsequent permits by rule regulations shall be effective as soon as practicable.B\n\nThe conditions for issuance of the permit by rule for small renewable energy projects shall include:1\n\nA notice of intent provided by the applicant, to be published in the Virginia Register, that a person intends to submit the necessary documentation for a permit by rule for a small renewable energy project;2\n\nA certification by the governing body of the locality or localities wherein the small renewable energy project will be located that the project complies with all applicable land use ordinances;3\n\nCopies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project;4\n\nA copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the Department. The Department shall forward a copy of the agreement or study to the State Corporation Commission;5\n\nA certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small renewable energy project by (i) an electrical generation facility that generates electricity only from sunlight or wind as designed does not exceed 150 megawatts; (ii) an electrical generation facility that generates electricity only from falling water, wave motion, tides, or geothermal power as designed does not exceed 100 megawatts; or (iii) an electrical generation facility that generates electricity only from biomass, energy from waste, or municipal solid waste as designed does not exceed 20 megawatts;6\n\nAn analysis of potential environmental impacts of the small renewable energy project’s operations on attainment of national ambient air quality standards;7\n\nWhere relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. 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. For prime agricultural soils and forest land, that analysis shall be required if a proposed project would disturb more than 10 acres of prime agricultural soils or 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;8\n\nIf the Department determines that the information collected pursuant to subdivision 7 indicates that significant adverse impacts to wildlife, historic resources, prime agricultural soils, or forest lands are likely, the submission of a mitigation plan, if a draft plan was not provided by the applicant as part of the initial application, with 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. A project will be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils or 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;9\n\nA certification signed by a professional engineer licensed in Virginia that the small renewable energy project is designed in accordance with all of the standards that are established in the regulations applicable to the permit by rule;10\n\nAn operating plan describing how any standards established in the regulations applicable to the permit by rule will be achieved;11\n\nA detailed site plan with project location maps that show the location of all components of the small renewable energy project, including any towers. Changes to the site plan that occur after the applicant has submitted an application shall be allowed by the Department without restarting the application process, if the changes were the result of optimizing technical, environmental, and cost considerations, 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;12\n\nA certification signed by the applicant that the small renewable energy project has applied for or obtained all necessary environmental permits;13\n\nA requirement that the applicant hold a public meeting. The public 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. Following the public meeting, the applicant shall prepare a report summarizing the issues raised at the meeting, including any written comments received. The report shall be provided to the Department; and14\n\nA 30-day public review and comment period prior to authorization of the project.C\n\nThe Department’s regulations shall establish a schedule of fees, to be payable by the owner or operator of the small renewable energy project regulated under this article, which fees shall be assessed for the purpose of funding the costs of administering and enforcing the provisions of this article associated with such operations including, but not limited to, the inspection and monitoring of such projects to ensure compliance with this article.D\n\nThe owner or operator of a small renewable energy project regulated under this article shall be assessed a permit fee in accordance with the criteria set forth in the Department’s regulations. Such fees shall include an additional amount to cover the Department’s costs of inspecting such projects.E\n\nThe fees collected pursuant to this article shall be used only for the purposes specified in this article and for funding purposes authorized by this article to abate impairments or impacts on the Commonwealth’s natural resources directly caused by small renewable energy projects.F\n\nThere is hereby established a special, nonreverting fund in the state treasury to be known as the Small Renewable Energy Project Fee Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to this § 10.1-1197.6 shall be paid into the state treasury to the credit of the Fund. Any moneys remaining in the Fund shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it. The Fund shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.G\n\nAfter the effective date of regulations adopted pursuant to this section, no person shall erect, construct, materially modify or operate a small renewable energy project except in accordance with this article or Title 56 if the small renewable energy project was approved pursuant to Title 56.H\n\nAny small renewable energy project shall be eligible for permit by rule under this section if the project is proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56.I\n\nAny small renewable energy project commencing operations after July 1, 2017, shall be eligible for permits by rule under this section and is exempt from State Corporation Commission environmental review or permitting in accordance with subsection B of \u00a7 10.1-1197.8 or other applicable law if the project is proposed, developed, constructed, or purchased by:1\n\nA public utility if the project’s costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge under § 56-249.6, or a rate adjustment clause under subdivision A 6 of § 56-585.1; or2\n\nA utility aggregation cooperative formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56.J\n\nFor purposes of this section, “prime agricultural soils” means soils recognized as prime farmland by the U.S. Department of Agriculture, and “forest land” has the same meaning as provided in § 10.1-1178, except that any parcel shall be considered forest lands if it was forested at least two years prior to the Department’s receipt of a permit application.","order_by":null,"text":{"0":{"id":217602,"text":"Notwithstanding the provisions of § 10.1-1186.2:1, the Department shall develop, by regulations to be effective as soon as practicable, but not later than July 1, 2012, a permit by rule or permits by rule if it is determined by the Department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth’s natural resources. If the Department determines that more than a single permit by rule is necessary, the Department initially shall develop the permit by rule for wind energy, which shall be effective as soon as practicable, but not later than January 1, 2011. Subsequent permits by rule regulations shall be effective as soon as practicable.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217603,"text":"The conditions for issuance of the permit by rule for small renewable energy projects shall include:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":217604,"text":"A notice of intent provided by the applicant, to be published in the Virginia Register, that a person intends to submit the necessary documentation for a permit by rule for a small renewable energy project;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":217605,"text":"A certification by the governing body of the locality or localities wherein the small renewable energy project will be located that the project complies with all applicable land use ordinances;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":217606,"text":"Copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":217607,"text":"A copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the Department. The Department shall forward a copy of the agreement or study to the State Corporation Commission;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":217608,"text":"A certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small renewable energy project by (i) an electrical generation facility that generates electricity only from sunlight or wind as designed does not exceed 150 megawatts; (ii) an electrical generation facility that generates electricity only from falling water, wave motion, tides, or geothermal power as designed does not exceed 100 megawatts; or (iii) an electrical generation facility that generates electricity only from biomass, energy from waste, or municipal solid waste as designed does not exceed 20 megawatts;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":217609,"text":"An analysis of potential environmental impacts of the small renewable energy project’s operations on attainment of national ambient air quality standards;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":217610,"text":"Where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. 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. For prime agricultural soils and forest land, that analysis shall be required if a proposed project would disturb more than 10 acres of prime agricultural soils or 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;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":217611,"text":"If the Department determines that the information collected pursuant to subdivision 7 indicates that significant adverse impacts to wildlife, historic resources, prime agricultural soils, or forest lands are likely, the submission of a mitigation plan, if a draft plan was not provided by the applicant as part of the initial application, with 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. A project will be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils or 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;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":217612,"text":"A certification signed by a professional engineer licensed in Virginia that the small renewable energy project is designed in accordance with all of the standards that are established in the regulations applicable to the permit by rule;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":217613,"text":"An operating plan describing how any standards established in the regulations applicable to the permit by rule will be achieved;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":217614,"text":"A detailed site plan with project location maps that show the location of all components of the small renewable energy project, including any towers. Changes to the site plan that occur after the applicant has submitted an application shall be allowed by the Department without restarting the application process, if the changes were the result of optimizing technical, environmental, and cost considerations, 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;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":217615,"text":"A certification signed by the applicant that the small renewable energy project has applied for or obtained all necessary environmental permits;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":217616,"text":"A requirement that the applicant hold a public meeting. The public 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. Following the public meeting, the applicant shall prepare a report summarizing the issues raised at the meeting, including any written comments received. The report shall be provided to the Department; and","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":217617,"text":"A 30-day public review and comment period prior to authorization of the project.","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"C"},"16":{"id":217618,"text":"The Department’s regulations shall establish a schedule of fees, to be payable by the owner or operator of the small renewable energy project regulated under this article, which fees shall be assessed for the purpose of funding the costs of administering and enforcing the provisions of this article associated with such operations including, but not limited to, the inspection and monitoring of such projects to ensure compliance with this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B14","next_prefix":"D"},"17":{"id":217619,"text":"The owner or operator of a small renewable energy project regulated under this article shall be assessed a permit fee in accordance with the criteria set forth in the Department’s regulations. Such fees shall include an additional amount to cover the Department’s costs of inspecting such projects.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"18":{"id":217620,"text":"The fees collected pursuant to this article shall be used only for the purposes specified in this article and for funding purposes authorized by this article to abate impairments or impacts on the Commonwealth’s natural resources directly caused by small renewable energy projects.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"19":{"id":217621,"text":"There is hereby established a special, nonreverting fund in the state treasury to be known as the Small Renewable Energy Project Fee Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to this § 10.1-1197.6 shall be paid into the state treasury to the credit of the Fund. Any moneys remaining in the Fund shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it. The Fund shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"20":{"id":217622,"text":"After the effective date of regulations adopted pursuant to this section, no person shall erect, construct, materially modify or operate a small renewable energy project except in accordance with this article or Title 56 if the small renewable energy project was approved pursuant to Title 56.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"21":{"id":217623,"text":"Any small renewable energy project shall be eligible for permit by rule under this section if the project is proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"22":{"id":217624,"text":"Any small renewable energy project commencing operations after July 1, 2017, shall be eligible for permits by rule under this section and is exempt from State Corporation Commission environmental review or permitting in accordance with subsection B of \u00a7 10.1-1197.8 or other applicable law if the project is proposed, developed, constructed, or purchased by:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"23":{"id":217625,"text":"A public utility if the project’s costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge under § 56-249.6, or a rate adjustment clause under subdivision A 6 of § 56-585.1; or","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"24":{"id":217626,"text":"A utility aggregation cooperative formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"J"},"25":{"id":217627,"text":"For purposes of this section, “prime agricultural soils” means soils recognized as prime farmland by the U.S. Department of Agriculture, and “forest land” has the same meaning as provided in § 10.1-1178, except that any parcel shall be considered forest lands if it was forested at least two years prior to the Department’s receipt of a permit application.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I2"}},"ancestry":[{"id":15567,"edition_id":1,"name":"Small Renewable Energy Projects","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:56:23","date_modified":"2026-06-26 03:56:23","permalink":{"id":145513,"object_type":"structure","relational_id":15567,"identifier":"5","token":"10.1\/II\/11.1\/5","url":"\/10.1\/II\/11.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83129,"structure_id":15567,"section_number":"10.1-1197.10","catch_line":"Right of entry to inspect, etc.; warrants","url":"\/10.1-1197.10\/","token":"10.1\/II\/11.1\/5\/10.1-1197.10","metadata":false},{"id":72045,"structure_id":15567,"section_number":"10.1-1197.11","catch_line":"Information to be furnished to Department","url":"\/10.1-1197.11\/","token":"10.1\/II\/11.1\/5\/10.1-1197.11","metadata":false},{"id":70714,"structure_id":15567,"section_number":"10.1-1197.5","catch_line":"(Effective July 1, 2026) Definitions","url":"\/10.1-1197.5\/","token":"10.1\/II\/11.1\/5\/10.1-1197.5","metadata":false},{"id":59376,"structure_id":15567,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","url":"\/10.1-1197.6\/","token":"10.1\/II\/11.1\/5\/10.1-1197.6","metadata":false},{"id":62609,"structure_id":15567,"section_number":"10.1-1197.7","catch_line":"Review and authorization of projects","url":"\/10.1-1197.7\/","token":"10.1\/II\/11.1\/5\/10.1-1197.7","metadata":false},{"id":60074,"structure_id":15567,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","url":"\/10.1-1197.8\/","token":"10.1\/II\/11.1\/5\/10.1-1197.8","metadata":false},{"id":77480,"structure_id":15567,"section_number":"10.1-1197.9","catch_line":"Enforcement; civil penalties; criminal penalties; injunctive relief","url":"\/10.1-1197.9\/","token":"10.1\/II\/11.1\/5\/10.1-1197.9","metadata":false}],"previous_section":{"id":70714,"structure_id":15567,"section_number":"10.1-1197.5","catch_line":"(Effective July 1, 2026) Definitions","url":"\/10.1-1197.5\/","token":"10.1\/II\/11.1\/5\/10.1-1197.5","metadata":false},"next_section":{"id":62609,"structure_id":15567,"section_number":"10.1-1197.7","catch_line":"Review and authorization of projects","url":"\/10.1-1197.7\/","token":"10.1\/II\/11.1\/5\/10.1-1197.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1197.6\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 808<\/a> and 854<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapter 368<\/a>; in 2022, chapter 688<\/a>.<\/p>","references":[{"id":59376,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","order_by":null,"url":"\/10.1-1197.6\/"},{"id":60074,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","order_by":null,"url":"\/10.1-1197.8\/"}],"refers_to":[{"id":57369,"section_number":"10.1-1178","catch_line":"Definitions","order_by":null,"url":"\/10.1-1178\/"},{"id":70152,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","order_by":null,"url":"\/10.1-1186.2_1\/"},{"id":59376,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","order_by":null,"url":"\/10.1-1197.6\/"},{"id":60074,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","order_by":null,"url":"\/10.1-1197.8\/"},{"id":70133,"section_number":"2.2-1802","catch_line":"Payment of state funds into state treasury; deposits in state depositories; credit of fund not paid into general fund; exceptions as to endowments and gifts to institutions; appropriations by federal government","order_by":null,"url":"\/2.2-1802\/"},{"id":66888,"section_number":"56-231.38","catch_line":"Definitions","order_by":null,"url":"\/56-231.38\/"},{"id":55635,"section_number":"56-249.6","catch_line":"Recovery of fuel and purchased power costs","order_by":null,"url":"\/56-249.6\/"},{"id":67687,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","order_by":null,"url":"\/56-585.1\/"},{"id":69314,"section_number":"58.1-3233","catch_line":"Determinations to be made by local officers before assessment of real estate under ordinance","order_by":null,"url":"\/58.1-3233\/"}],"permalink":{"id":145527,"object_type":"law","relational_id":59376,"identifier":"10.1-1197.6","token":"10.1\/II\/11.1\/5\/10.1-1197.6","url":"\/10.1-1197.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1197.6\/","token":"10.1\/II\/11.1\/5\/10.1-1197.6","dublin_core":{"Title":"Permit by rule for small renewable energy projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1197.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 10.1-1186.2:1<\/a>, the Department<\/span> shall develop, by regulations to be effective as soon as practicable, but not later than July 1, 2012, a permit by rule or permits by rule if it is determined by the Department<\/span> that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects<\/span>, including such conditions and standards necessary to protect the Commonwealth’s natural resources. If the Department<\/span> determines that more than a single permit by rule is necessary, the Department<\/span> initially shall develop the permit by rule for wind energy, which shall be effective as soon as practicable, but not later than January 1, 2011. Subsequent permits by rule regulations shall be effective as soon as practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The conditions for issuance of the permit by rule for small renewable energy projects<\/span> shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A notice of intent<\/span> provided by the applicant, to be published in the Virginia Register, that a person intends to submit the necessary documentation for a permit by rule for a small renewable energy project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A certification by the governing body of the locality or localities wherein the small renewable energy project<\/span> will be located that the project complies with all applicable land use ordinances<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A copy of the final interconnection agreement between the small renewable energy project<\/span> and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project<\/span> will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the Department<\/span>. The Department<\/span> shall forward a copy of the agreement or study to the State Corporation Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small renewable energy project<\/span> by (i) an electrical generation facility that generates electricity only from sunlight or wind as designed does not exceed 150 megawatts; (ii) an electrical generation facility that generates electricity only from falling water, wave motion<\/span>, tides, or geothermal power as designed does not exceed 100 megawatts; or (iii) an electrical generation facility that generates electricity only from biomass, energy from waste, or municipal solid waste as designed does not exceed 20 megawatts; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> An analysis of potential environmental impacts of the small renewable energy project<\/span>’s operations on attainment of national ambient air quality standards; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. 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. For prime agricultural soils<\/span> and forest land<\/span>, that analysis shall be required if a proposed project would disturb more than 10 acres of prime agricultural soils<\/span> or 50 acres of contiguous forest lands<\/span>, or if it would disturb forest lands<\/span> enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If the Department<\/span> determines that the information collected pursuant to subdivision 7 indicates that significant adverse impacts to wildlife, historic resources, prime agricultural soils<\/span>, or forest lands<\/span> are likely, the submission of a mitigation plan, if a draft plan was not provided by the applicant as part of the initial application, with 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. A project will be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils<\/span> or 50 acres of contiguous forest lands<\/span>, or if it would disturb forest lands<\/span> enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A certification signed by a professional engineer licensed in Virginia that the small renewable energy project<\/span> is designed in accordance with all of the standards that are established in the regulations applicable to the permit by rule; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> An operating plan describing how any standards established in the regulations applicable to the permit by rule will be achieved; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> A detailed site plan with project location maps that show the location of all components of the small renewable energy project<\/span>, including any towers. Changes to the site plan that occur after the applicant has submitted an application shall be allowed by the Department<\/span> without restarting the application process, if the changes were the result of optimizing technical, environmental, and cost considerations, 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> A certification signed by the applicant that the small renewable energy project<\/span> has applied for or obtained all necessary environmental permits; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> A requirement that the applicant hold a public meeting. The public 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. Following the public meeting, the applicant shall prepare a report summarizing the issues<\/span> raised at the meeting, including any written comments received. The report shall be provided to the Department<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> A 30-day public review and comment period prior to authorization of the project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span>’s regulations shall establish a schedule of fees, to be payable by the owner or operator of the small renewable energy project<\/span> regulated under this article, which fees shall be assessed for the purpose of funding the costs of administering and enforcing the provisions of this article associated with such operations including, but not limited to, the inspection and monitoring of such projects to ensure compliance with this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The owner or operator of a small renewable energy project<\/span> regulated under this article shall be assessed a permit fee in accordance with the criteria set forth in the Department<\/span>’s regulations. Such fees shall include an additional amount to cover the Department<\/span>’s costs of inspecting such projects. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The fees collected pursuant to this article shall be used only for the purposes specified in this article and for funding purposes authorized by this article to abate impairments or impacts on the Commonwealth’s natural resources directly caused by small renewable energy projects<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> There is hereby established a special, nonreverting fund in the state treasury to be known as the Small Renewable Energy Project<\/span> Fee Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § 2.2-1802<\/a>, all moneys collected pursuant to this § 10.1-1197.6<\/a> shall be paid into the state treasury to the credit of the Fund. Any moneys remaining in the Fund shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it. The Fund shall be exempt from statewide indirect costs charged and collected by the Department<\/span> of Accounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> After the effective date of regulations adopted pursuant to this section, no person shall erect, construct, materially modify or operate a small renewable energy project<\/span> except in accordance with this article or Title 56 if the small renewable energy project<\/span> was approved pursuant to Title 56. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any small renewable energy project<\/span> shall be eligible for permit by rule under this section if the project is proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any small renewable energy project<\/span> commencing operations after July 1, 2017, shall be eligible for permits by rule under this section and is exempt from State Corporation Commission environmental review or permitting in accordance with subsection B of \u00a7 10.1-1197.8<\/a> or other applicable law<\/span> if the project is proposed, developed, constructed, or purchased by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A public utility if the project’s costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge under § 56-249.6<\/a>, or a rate adjustment clause under subdivision A 6 of § 56-585.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A utility aggregation cooperative formed under Article 2 (§ 56-231.38<\/a> et seq.) of Chapter 9.1 of Title 56. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For purposes of this section, “prime agricultural soils<\/span>” means soils recognized as prime farmland by the U.S. Department<\/span> of Agriculture, and “forest land<\/span>” has the same meaning as provided in § 10.1-1178<\/a>, except that any parcel shall be considered forest lands<\/span> if it was forested at least two years prior to the Department<\/span>’s receipt of a permit application. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT BY RULE FOR SMALL RENEWABLE ENERGY PROJECTS (\u00a7 10.1-1197.6)\n\nA. Notwithstanding the provisions of § 10.1-1186.2:1, the Department shall\ndevelop, by regulations to be effective as soon as practicable, but not later\nthan July 1, 2012, a permit by rule or permits by rule if it is determined by\nthe Department that one or more such permits by rule are necessary for the\nconstruction and operation of small renewable energy projects, including such\nconditions and standards necessary to protect the Commonwealth’s natural\nresources. If the Department determines that more than a single permit by rule\nis necessary, the Department initially shall develop the permit by rule for wind\nenergy, which shall be effective as soon as practicable, but not later than\nJanuary 1, 2011. Subsequent permits by rule regulations shall be effective as\nsoon as practicable.\n\nB. The conditions for issuance of the permit by rule for small renewable energy\nprojects shall include:\n\n 1. A notice of intent provided by the applicant, to be published in the\n Virginia Register, that a person intends to submit the necessary documentation\n for a permit by rule for a small renewable energy project;\n\n 2. A certification by the governing body of the locality or localities wherein\n the small renewable energy project will be located that the project complies\n with all applicable land use ordinances;\n\n 3. Copies of all interconnection studies undertaken by the regional\n transmission organization or transmission owner, or both, on behalf of the\n small renewable energy project;\n\n 4. A copy of the final interconnection agreement between the small renewable\n energy project and the regional transmission organization or transmission\n owner indicating that the connection of the small renewable energy project\n will not cause a reliability problem for the system. If the final agreement is\n not available, the most recent interconnection study shall be sufficient for\n the purposes of this section. When a final interconnection agreement is\n complete, it shall be provided to the Department. The Department shall forward\n a copy of the agreement or study to the State Corporation Commission;\n\n 5. A certification signed by a professional engineer licensed in Virginia that\n the maximum generation capacity of the small renewable energy project by (i)\n an electrical generation facility that generates electricity only from\n sunlight or wind as designed does not exceed 150 megawatts; (ii) an electrical\n generation facility that generates electricity only from falling water, wave\n motion, tides, or geothermal power as designed does not exceed 100 megawatts;\n or (iii) an electrical generation facility that generates electricity only\n from biomass, energy from waste, or municipal solid waste as designed does not\n exceed 20 megawatts;\n\n 6. An analysis of potential environmental impacts of the small renewable\n energy project’s operations on attainment of national ambient air\n quality standards;\n\n 7. Where relevant, an analysis of the beneficial and adverse impacts of the\n proposed project on natural resources. For wildlife, that analysis shall be\n based on information on the presence, activity, and migratory behavior of\n wildlife to be collected at the site for a period of time dictated by the site\n conditions and biology of the wildlife being studied, not exceeding 12 months.\n For prime agricultural soils and forest land, that analysis shall be required\n if a proposed project would disturb more than 10 acres of prime agricultural\n soils or 50 acres of contiguous forest lands, or if it would disturb forest\n lands enrolled in a program for forestry preservation pursuant to subdivision\n 2 of § 58.1-3233;\n\n 8. If the Department determines that the information collected pursuant to\n subdivision 7 indicates that significant adverse impacts to wildlife, historic\n resources, prime agricultural soils, or forest lands are likely, the\n submission of a mitigation plan, if a draft plan was not provided by the\n applicant as part of the initial application, with a 45-day public comment\n period detailing reasonable actions to be taken by the owner or operator to\n avoid, minimize, or otherwise mitigate such impacts, and to measure the\n efficacy of those actions. A project will be deemed to have a significant\n adverse impact if it would disturb more than 10 acres of prime agricultural\n soils or 50 acres of contiguous forest lands, or if it would disturb forest\n lands enrolled in a program for forestry preservation pursuant to subdivision\n 2 of § 58.1-3233;\n\n 9. A certification signed by a professional engineer licensed in Virginia that\n the small renewable energy project is designed in accordance with all of the\n standards that are established in the regulations applicable to the permit by\n rule;\n\n 10. An operating plan describing how any standards established in the\n regulations applicable to the permit by rule will be achieved;\n\n 11. A detailed site plan with project location maps that show the location of\n all components of the small renewable energy project, including any towers.\n Changes to the site plan that occur after the applicant has submitted an\n application shall be allowed by the Department without restarting the\n application process, if the changes were the result of optimizing technical,\n environmental, and cost considerations, do not materially alter the\n environmental effects caused by the facility, or do not alter any other\n environmental permits that the Commonwealth requires the applicant to obtain;\n\n 12. A certification signed by the applicant that the small renewable energy\n project has applied for or obtained all necessary environmental permits;\n\n 13. A requirement that the applicant hold a public meeting. The public meeting\n shall be held in the locality or, if the project is located in more than one\n locality in a place proximate to the location of the proposed project.\n Following the public meeting, the applicant shall prepare a report summarizing\n the issues raised at the meeting, including any written comments received. The\n report shall be provided to the Department; and\n\n 14. A 30-day public review and comment period prior to authorization of the\n project.\n\nC. The Department’s regulations shall establish a schedule of fees, to be\npayable by the owner or operator of the small renewable energy project regulated\nunder this article, which fees shall be assessed for the purpose of funding the\ncosts of administering and enforcing the provisions of this article associated\nwith such operations including, but not limited to, the inspection and\nmonitoring of such projects to ensure compliance with this article.\n\nD. The owner or operator of a small renewable energy project regulated under\nthis article shall be assessed a permit fee in accordance with the criteria set\nforth in the Department’s regulations. Such fees shall include an\nadditional amount to cover the Department’s costs of inspecting such\nprojects.\n\nE. The fees collected pursuant to this article shall be used only for the\npurposes specified in this article and for funding purposes authorized by this\narticle to abate impairments or impacts on the Commonwealth’s natural\nresources directly caused by small renewable energy projects.\n\nF. There is hereby established a special, nonreverting fund in the state\ntreasury to be known as the Small Renewable Energy Project Fee Fund, hereafter\nreferred to as the Fund. Notwithstanding the provisions of § 2.2-1802, all\nmoneys collected pursuant to this § 10.1-1197.6 shall be paid into the\nstate treasury to the credit of the Fund. Any moneys remaining in the Fund shall\nnot revert to the general fund but shall remain in the Fund. Interest earned on\nsuch moneys shall remain in the Fund and be credited to it. The Fund shall be\nexempt from statewide indirect costs charged and collected by the Department of\nAccounts.\n\nG. After the effective date of regulations adopted pursuant to this section, no\nperson shall erect, construct, materially modify or operate a small renewable\nenergy project except in accordance with this article or Title 56 if the small\nrenewable energy project was approved pursuant to Title 56.\n\nH. Any small renewable energy project shall be eligible for permit by rule under\nthis section if the project is proposed, developed, constructed, or purchased by\na person that is not a utility regulated pursuant to Title 56.\n\nI. Any small renewable energy project commencing operations after July 1, 2017,\nshall be eligible for permits by rule under this section and is exempt from\nState Corporation Commission environmental review or permitting in accordance\nwith subsection B of \u00a7 10.1-1197.8 or other applicable law if the project is\nproposed, developed, constructed, or purchased by:\n\n 1. A public utility if the project’s costs are not recovered from\n Virginia jurisdictional customers under base rates, a fuel factor charge under\n § 56-249.6, or a rate adjustment clause under subdivision A 6 of §\n 56-585.1; or\n\n 2. A utility aggregation cooperative formed under Article 2 (§ 56-231.38\n et seq.) of Chapter 9.1 of Title 56.\n\nJ. For purposes of this section, “prime agricultural soils” means\nsoils recognized as prime farmland by the U.S. Department of Agriculture, and\n“forest land” has the same meaning as provided in § 10.1-1178,\nexcept that any parcel shall be considered forest lands if it was forested at\nleast two years prior to the Department’s receipt of a permit application.\n\nHISTORY: 2009, cc. 808, 854; 2017, c. 368; 2022, c. 688.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}