• Projects with a rated capacity > 500 kW < 5 MW or a disturbance zone > 2 acres and < 10 acres must submit a notice of intent and a certification from the locality where the project will be constructed that the project complies with all applicable land use ordinances. See DEQ’s Renewable Energy PBR checklists for assistance with the application process. Although these projects are not subject to the more rigorous application process outlined in 9VAC15-60-30 A., these projects are deemed to be covered by the PBR.

• Projects that fall into one or more of the following categories are NOT required to submit a notice of intent or local governing body certification:
  • Projects mounted on a single-family or duplex private residence;
  • Projects mounted on one ore more buildings less than 50 years old, or, if 50 years of age or older, have been evaluated by Department of Historic Resources (DHR) within the preceding seven years and determined not Virginia Land Register (VLR) – eligible; 
  • Projects mounted over one or more existing parking lots, existing roads, or other previously disturbed areas* AND any impacts to any undisturbed land associated with the project does not exceed an additional 2 acres; 
  • Projects utilizing integrated photovoltaics only, provided the building or structure utilized is < 50 years old or, if 50 years of age or older, has been evaluated and determined by DHR within the preceding seven years to not be VLR-eligible.

Section 9VAC15-60-30 applies to small solar energy projects with a rated capacity > 5 MWAC and a disturbance zone > 10 acres. Projects subject to this category requires the PBR applicant to fulfill the 15 criteria listed in Section 30 A. of the regulation.

• Key application criteria include local government approval, a public notice and comment period, interconnection agreement and studies, natural and cultural resource assessment and report, identification for encroachment into Coastal Avian Protection Zones (CAPZ) and corresponding fees (see 9VAC115-60-60 B. 3.), and a mitigation plan, as applicable.

For projects that occur on brownfield properties, PBR applicants are strongly encouraged to conduct an assessment of the site and obtain concurrence from the DEQ Brownfields program staff to ensure the site meets the definition of “brownfield” as described in The Brownfield Restoration and Land Renewal Act (Code of Virginia, Chapter 12.1, § 10.1-1230).

• Abandoned or contaminated properties redeveloped through the incorporation of solar energy are referred to as “Brightfields. See DEQ’s Land & Waste Brightfields webpage for additional information. 

Solar PBR Forms

Information on the use and completion of these forms is found in the guidance documents content section on the Virginia Town Hall under "Agency", "Department of Environmental Quality." The following forms may be used to fulfill requirements set forth in the solar PBR regulations (9VAC15-60):

• Notice of Intent for De Minimis Project (Solar)

• Notice of Intent for Full PBR Project (Solar)

• Maximum Generation Capacity Certification Form (Solar)

• Design Certification Form (Solar)

• Environmental Permit Certification Form (Solar)

• Local Governing Body Certification Form (Solar)

• Non-Utility Certification Form (Solar)

Solar PBR Checklists

• PBR Checklist for Solar Projects < 5 MW or < 10 Acres
• PBR Checklist for Solar Projects > 5 MW and < 150 MW and > 10 Acre Disturbance

Cultural Resources Component of PBR Application

Best Practices and Required Report Items for Phase I Archaeological Surveys to Support a Solar PBR Application in Virginia

Best Practices for Probability Based Sampling Phase I Archaeological Survey to Support a Solar PBR Application in Virginia

Provided project modifications are in accordance with the requirements of the solar PBR and do not increase the rated capacity of the small solar energy project, the owner or operator of a project authorized under a permit by rule may modify its design or operation or both by providing DEQ:

• New certificates prepared by a professional engineer
• New documentation (required under 9VAC15-60-30), and
• The appropriate fee (in accordance with 9VAC15-60-110). DEQ will review the received modification submittal (in accordance with subsection B of 9VAC15-60-30).