Renewable Energy

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DEQ enables the construction and operation of renewable energy projects through a permit by rule (PBR) process. A renewable energy project is deemed to have a permit if it meets the requirements of the provisions in the regulations. This authorization is required before construction and operation of a project can commence.

Through the PBR, DEQ coordinates reviews from the Department of Historic Resources (DHR), the Department of Wildlife Resources (DWR) and the Department of Conservation and Recreation (DCR) to ensure potential significant impacts to cultural or threatened and endangered species are avoided or mitigated. Some of the requirements for the PBR include receiving local government approval, submission of interconnection studies and agreements, conducting surveys for cultural and natural resources and developing a mitigation plan if necessary.

Learn more about the PBR Program below. Please find further permitting details specific to each energy type by browsing the menu on the left-hand side. For information on renewable energy in Virginia, visit our program's webpage here.

PBR Programatic Overview

What is a permit-by-rule (PBR)?

Permit-by-rule refers to the authorization of a project per compliance with the provisions of a given regulation to construct and operate. In the case of DEQ's Small Renewable Energy Permit-by-Rule regulations, project applicants who submit an application to construct and operate a small renewable energy facility must meet the criteria outlined in the relevant regulation. For example, solar facilities with a rated capacity > 5 megawatts alternating current (MWAC) will be issued a PBR authorization letter if and when DEQ staff determine that the project has met the requirements of the regulation, i.e., 9VAC15-60 et seq., specifically the 15 criteria provided in 9VAC15-60-30 A.

The DEQ Renewable Energy (RE) PBR is designed to facilitate development of small renewable energy projects through a streamlined process while also protecting natural resources. “Small renewable energy projects” are limited to a rated capacity not to exceed:

< 150 MWAC for solar and wind projects;
< 100 MWAC for falling water, wave motion, tides, and geothermal power; or
< 20 MWAC for biomass, energy from waste, or municipal solid waste; and
Small renewable energy storage projects that use electrochemical cells to convert chemical energy are limited to a rated power capacity < 150 MW.

Advantages of the PBR Program

Specific, consistent, and reasonable criteria for obtaining a permit to construct and operate in Virginia.
DEQ is mandated to process complete permit applications in 90 days or less.
Projects commencing operation after July 1, 2017, are exempt from State Corporation Commission (SCC) environmental review if the project is proposed, developed, constructed, or purchased by a public utility and costs are not recovered from Virginia customers under base rates or the applicant is a utility aggregation cooperative under Article 2 of chapter 9.1 of Title 56 (Utility Aggregation Cooperatives Act) of the Code of Virginia.
Procedural transparency: Applicants and the public may track active DEQ PBR reviews using the Permitting Enhancement and Evaluation Platform (PEEP).

Change of Ownership

A permit by rule may be transferred to a new owner or operator if:

The current owner or operator notifies DEQ at least 30 days in advance of the transfer date by submittal of a written notice
The notice includes a written agreement between the existing and new owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability between them

NOTE: the transfer of the permit by rule to the new owner or operator will be effective on the date specified in the agreement.

Applicants should note the notification requirements below if control of a project is sold or transferred to an entity different than the original applicant, even if the name of the project does not change. Enforcement actions, if required, could be brought against the owner/operator listed in PBR as well as the new entity for operating without a permit.

Solar: 9VAC15-60-100
Wind: 9VAC15-40-100
Combustion: 9VAC15-70-100

Application & Modification Fees

Permit by Rule Application & Modification Fees

Fee schedules for each renewable energy project type are listed under Section 110.C:

Solar PBR fees: 9VAC15-60-110
Wind PBR fees: 9VAC15-40-110
Combustion PBR fees: 9VAC15-70-110
Energy Storage PBR fees: 9VAC15-100-110

Submit the appropriate fee(s) to DEQ at the following address:

Virginia Department of Environmental Quality
Receipts Control
P.O. Box 1104
Richmond, VA 23218

NOTE: The above address should be used for fee submittals only.

Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and will require a separate fee.

All permit application fees or modification fees are due on submittal day of the application or modification package. Submittals will be deemed incomplete until the department receives payment. Incomplete payments will be deemed non-payments.

Virginia DEQ