TITLE 9. ENVIRONMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Environmental Quality intends to consider amending 9VAC15-60, Small Renewable Energy Projects (Solar) Permit by Rule. The purpose of the proposed action is to fulfill the requirements of Chapter 688 of the 2022 Acts of Assembly to amend the regulation to consider significant adverse impacts to prime agricultural soils and forest lands. As part of that regulatory action, DEQ initially proposed requiring enhanced mitigation for C1 and C2 forest cores as identified through a ranking system previously developed by the Department of Conservation and Recreation (DCR). DCR previously defined and ranked ecological cores into five categories (C1 through C5) in 2017 for use as a planning tool. Comments received on the proposed regulation identified several limitations of the available mapping tool and definition of C1 and C2 forest cores when used as a regulatory tool. DEQ has decided to initiate this regulatory action to address the issues concerning enhanced mitigation for forest cores with very high and outstanding ecological integrity. This regulatory action will be used to develop regulatory amendments to address enhanced mitigation for disturbance of forest cores with very high and outstanding ecological integrity using updated mapping and definitions that can be applied in the field to verify the mapped resources.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comment Deadline: June 18, 2025.

Agency Contact: Amber Foster, Small Renewable Energy Permit by Rule Program Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23233, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.