                                 CODE OF VIRGINIA

REVIEW AND AUTHORIZATION OF PROJECTS (§ 10.1-1197.7)

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 (&#xA7; 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superseded by the requirements of this subsection.

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