If the project is no larger than 5 MW, follow this pathway. The traditional permit application process is governed by the State Corporation Commission (SCC). As an option, you may choose to apply through the alternative process regulated by DEQ.

Agricultural generators fall into two categories: small agricultural generators and eligible agricultural customer-generators to determine if your projecet qualifies as either, consult the Code of Virginia.

Small agricultural generators are customers who operate a small agricultural generating facility that generates renewable energy designed to remain on the utility's distribution system. These facilities must have a capacity of no more than 1.5 MW. Small agricultural generators are subject to the same local, state, and federal permitting process as other projects. For interconnection requests, small agricultural generators must follow the State interconnection process and register as a qualifying small power production facility pursuant to PURPA. If the project is less than 1 MW, the customer may self-certify to be a qualifying facility instead of going through PURPA. Small agricultural generators may interconnect to electric cooperatives.

Eligible agricultural customer-generators generate energy primarily to provide energy to metered accounts of the agricultural business. Such customer-generators may not have an aggregate generation capacity of more than 500 kW. Eligible agricultural customer-generators are subject to the same local, state, and federal permitting process as other projects. For interconnection requests, eligible agricultural customer-generators must be “interconnected and operated in parallel with an electric company’s transmission and distribution facilities.” Eligible agricultural customer-generators are not permitted to interconnect to electric cooperatives.

For more information, see the below information and consult the respective Code of Virginia sections.

Small Agricultural Generators Per Code of Virginia § 56-594.2, a "Small agricultural generator" means a customer that: "1. Is not an eligible agricultural customer-generator pursuant to § 56-594; 2. Operates a small agricultural generating facility as part of (i) an agricultural business or (ii) any business granted a manufacturer license pursuant to subdivisions 1 through 6 of § 4.1-206.1; 3. May be served by multiple meters that are located at separate but contiguous sites; 4. May aggregate the electricity consumption measured by the meters, solely for purposes of calculating 150 percent of the customer's expected annual energy consumption, but not for billing or retail service purposes, provided that the same utility serves all of its meters; 5. Uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility; and 6. Issues a certification under oath as to the amount of land being used for renewable generation."

Small agricultural generators electing to interconnect pusuant to this section must follow the following requirements:

1. Enter into a power purchase agreement with its utility to sell all of the electricity generated from its small agricultural generating facility, which power purchase agreement obligates the utility to purchase all the electricity generated, at a rate agreed upon by the parties, but at a rate not less than the utility's Commission-approved avoided cost tariff for energy and capacity;
2. Have the rights described in subsection E of § 56-594 pertaining to an eligible agricultural customer-generator as to the renewable energy certificates or other environmental attributes generated by the renewable energy generating facility;
3. Abide by the appropriate small generator interconnection process as described in 20VAC5-314; and
4. Pay to its utility any necessary additional expenses as required by this section." Eligible Agricultural Customer-Generators

Per Code of Virginia § 56-594 , "Eligible agricultural customer-generator" means a "customer that operates a renewable energy generating facility as part of an agricultural business, which generating facility (i) uses as its sole energy source solar power, wind power, or aerobic or anaerobic digester gas, (ii) does not have an aggregate generation capacity of more than 500 kilowatts, (iii) is located on land owned or controlled by the agricultural business, (iv) is connected to the customer's wiring on the customer's side of its interconnection with the distributor; (v) is interconnected and operated in parallel with an electric company's transmission and distribution facilities, and (vi) is used primarily to provide energy to metered accounts of the agricultural business."

Projects proposed on previously disturbed land or brownfields can be permitted under Section 130 of the Solar PBR if impacts to previously undisturbed areas do not exceed 10 acres and rated capacity does not exceed 150 MW. Per Virignia Energy:
"To initiate the determination of Section 130 permitting applicability for a previously disturbed area or a brownfield site, the applicant should:
1. Ensure the small solar energy project site meets the definition of a brownfield found in the Code of Virginia § 10.1-1230: "Brownfield" means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
2. Submit a letter to the DEQ Land/Brownfields Program documenting why the site meets the criteria as a previously disturbed area; i.e., historically used as a heavy industrial site, RCRA Corrective Action site, etc." DEQ strongly recommends that the developer conducts a Phase I ESA on the brownfield site as part of their due diligence process and incorporates the findings into the letter. Upon receipt of the letter, the DEQ Land/Brownfields Program staff will review the documentation and send a letter to the applicant indicating whether or not the site meets the criteria.

Once the applicant obtains a Brownfield determination letter, they will need to submit the letter to DEQ along with a NOI providing project details and a local governing body certification form certifying that the project complies with all applicable land use ordinances.

See the DEQ Brownfields website for further resources.

Start here to determine the state permitting pathway(s) for which your project is eligible. To begin, choose the nameplate capacity range that matches your project.

If the project is no larger than 5 MW, follow this pathway. The traditional permit application process is governed by the State Corporation Commission (SCC). As an option, you may choose to apply through the alternative process regulated by DEQ.

If the project falls under this category, the project is exempt from the Small Solar PV Facility Notice of Intent (Section 130 Permit). Under VAC15-60-130A, "The owner or operator of a small solar energy project is not required to submit any notification or certification to the department."

9VAC15-60-10 defines "disturbance zone" as: "The area within the site directly impacted by construction and operation of the solar energy project and within 100 feet of the boundary of the directly impacted area."

If the project falls under this category, the project is exempt from the Small Solar PV Facility Notice of Intent (Section 130 Permit). Under VAC15-60-130A, "The owner or operator of a small solar energy project is not required to submit any notification or certification to the department."

9VAC15-60-10 defines "disturbance zone" as: "The area within the site directly impacted by construction and operation of the solar energy project and within 100 feet of the boundary of the directly impacted area."

If the project falls under this category, check the exemption criteria to determine whether the project is exempt from the Small Solar PV Facility Notice of Intent (Section 130 Permit).

9VAC15-60-10 defines "disturbance zone" as: "The area within the site directly impacted by construction and operation of the solar energy project and within 100 feet of the boundary of the directly impacted area."

From 9VAC15-60-130A:

"The owner or operator of a small solar energy project is not required to submit any notification or certification to the VA Department of Environmental Quality if it meets at least one of the following criteria:

1. The small solar project falls within at least one of the following categories, without regard to the rated capacity or the disturbance zone of the project:

• a. The small solar energy project is mounted on a single-family or duplex private residence.
• b. The small solar energy project is mounted on one or more buildings less than 50 years old or, if 50 years of age or older, have been evaluated and determined by the Virginia Department of Historic Resources within the preceding seven years to be not VLR-eligible.
• c. The small solar energy project is mounted over one or more existing parking lots, existing roads, or previously disturbed areas and any impacts to undisturbed areas do not exceed an additional two acres.
• d. The small solar energy project utilizes integrated PV only, provided that the building or structure on which the integrated PV materials are used is less than 50 years old or, if 50 years of age or older, has been evaluated and determined by DHR within the preceding seven years to be not VLR-eligible."

If the project is greater than 5 MW but less than or equal to 100 MW, follow this pathway. The traditional permit application process is governed by the State Corporation Comission (SCC). Follow the pathway that corresponds with the project's characteristics to determine whether the project is eligible for permit by rule through Virginia Department of Environmental Quality (DEQ).

From § 10.1-1197.6-H of the Code of Virginia:

"Any small energy project shall be eligible for permit by rule under this section if the project is proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56."

Entities regulated under Title 56 include public utilities, public service corporations, and public service companies. See Title 56for definitions and scope.

Per § 10.1-1197.6-I of the Code of Virginia, utility aggregation cooperatives formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56 are eligible to choose the DEQ pathway.

From § 10.1-1197.6-I of the Code of Virginia:

"Any small renewable energy project commencing operations after July 1, 2017, shall be eligible for permits by rule under this section and is exempt from State Corporation Commission environmental review or permitting in accordance with subsection B of § 10.1-1197.8 or other applicable law if the project is proposed, developed, constructed, or purchased by:

1. A public utility if the project's costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge under § 56-249.6, or a rate adjustment clause under subdivision A 6 of § 56-585.1.

2. A utility aggregation cooperative formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56."

If the project is greater than 100 MW, follow this pathway. The traditional permit application process is governed by the State Corporation Comission (SCC). Follow the pathway that corresponds with the project's characteristics to determine whether the project is eligible for permit by rule through Virginia Department of Environmental Quality (DEQ).

For permit by rule projects, Section § 10.1-1197.6-5 of the Code of Virginia states "the maximum generation capacity of the small renewable energy project by (i) an electrical generation facility that generates electricity only from sunlight or wind as designed does not exceed 150 megawatts."