Tel: 804.864.1100

Tel: 804.864.1100

Summary of DEQ’s Solar Permit By Rule (PBR) Requirement Small Solar Exemptions

We’ve examined in detail the Virginia Department of Environmental Quality (“DEQ”) changes to implement Virginia’s 2009 “Small Renewable Energy Projects” legislation (VA Code 10.1-1197.6). The statute moved authority from the State Corporation Commission (“SCC”) to DEQ over protection of natural resources (specifically wildlife and historic resources) with respect to renewable energy projects. Pursuant to the statute, DEQ has jurisdiction to approve PBR applications for solar projects with a rated capacity of 100 megawatts or less, while the SCC retains jurisdiction for projects with a rated capacity over 100 megawatts. DEQ’s regulations are set forth in 9 VAC 15-60 of the Virginia Administrative Code. The details are on our post here.