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The Virginia General Assembly enacted the Small Renewable Energy Projects Act (Chapters 808 and 854) in 2009. The first of the Permit by Rule (PBR) regulations to implement the 2009 statute soon followed for wind, which was effective as of December 22, 2010, and last amended on November 10, 2021. The DEQ Wind Permit by Rule regulation, 9VAC15-40, establishes criteria, procedures and permit requirements.

A “Small Wind Energy Project” is defined in DEQ regulation 9VAC15-40-10 as a small renewable energy project that (i) generates electricity from wind, consisting of one or more wind turbines and other accessory structures and buildings, including substations, post-construction meteorological towers, electrical infrastructure, and other appurtenant structures and facilities within the boundaries of the site; and (ii) is designed for, or capable of, operation at a rated capacity < 150 MW.

Below, DEQ aims to provide navigable information for anyone seeking to understand the wind permitting process.

PBR Processes for Wind Energy

A small wind energy project with a rated capacity > 5 MW must submit a complete application to DEQ satisfying the 15 PBR requirements to construct and operate. These 15 requirements are explicitly identified in 9VAC15-40-30 A. Key application criteria include local government approval, a public notice and comment period, interconnection agreement and studies, natural and cultural resource assessment and report, and a mitigation plan, as applicable.
Per 9VAC15-40-130 , smaller wind energy projects with a rated capacity > 500 kW and < 5 MW are required to submit a notice of intent (NOI) and local governing body certification stating the project will comply with all applicable land use ordinances and for projects located within zones 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the Coastal Avian Protection Zones (CAPZ) map, contribute $1,000 per megawatt of rated capacity, including fractions of the total MW capacity, to DEQ in support of scientific research investigating the impacts of projects in CAPZ on avian resources.
Owners or operators of small wind energy projects with a rated capacity < 500 kW areNOT required to submit a notification or local governing body certification to DEQ

Wind PBR Application Guidance

Wind Project Modifications

Provided project modifications are in accordance with the requirements of the wind PBR and do not increase the rated capacity of the small wind 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 9VAC15-40-30), and
The appropriate fee (in accordance with 9VAC15-40-110). DEQ will review the received modification submittal (in accordance with the provisions of subsection B of 9VAC15-40-30).

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