Virginia Regulatory Town Hall
Department of Environmental Quality
Department of Environmental Quality
Small Renewable Wind Energy Projects Permit by Rule [9 VAC 15 ‑ 40]
Establishment of permit(s) by rule for the construction and operation of small wind energy projects
Action 3089
General Information
Action Summary The purpose of this regulatory action is to implement new state legislation requiring the Department of Environmental Quality to develop one or more permits-by-rule for wind-energy projects with rated capacity not exceeding 100 megawatts. By means of this legislation, the General Assembly moved permitting authority for these projects from the State Corporation Commission to DEQ. By requiring a “permit by rule,” the legislature is mandating that permit requirements be set forth “up front” within this regulation, rather than being developed on a case-by-case basis. The legislature mandates that the permit by rule include conditions and standards necessary to protect the Commonwealth’s natural resources.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [002090]
Associated Mandates Small Renewable (Wind) Energy Projects; DEQ to develop procedure permitting construction and operation
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
5208 NOIRA Stage complete. Comment period ended 09/30/2009.
5451 Proposed Stage complete. Comment period ended 08/20/2010.
5704 Final Stage complete. This regulation became effective on 12/22/2010.
Contact Information
Name / Title: Carol C. Wampler 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4579    FAX: (804)698-4346    TDD: ()-