When major development projects are proposed in Virginia – like new shopping centers, housing developments, or industrial facilities – state law requires a careful review of how these projects might affect our natural environment. This process, called an Environmental Impact Review (EIR), helps ensure that potential impacts to forests, wildlife, water quality, and other natural resources are identified and addressed before construction begins. The goal is to balance economic development with protecting Virginia’s natural heritage for current and future generations.
The Environmental impact review (EIR) process and requirements to mitigate for impacts arising from capital projects or utilities are overseen by the Department of Environmental Quality. The Virginia Department of Forestry (DOF) is a cooperating agency that reviews and comments as part of the EIR process. DOF also supports mitigation programs, including serving as the trustee of the in-lieu fee for the Solar Small Renewable Permit By Rule mitigation requirements.
DOF reviews large development projects across the Commonwealth for potential impacts to forest resources. DOF will evaluate an individual project’s impacts and submit mitigation recommendations based on the impact a project is expected to have on the local forest resources.
If you have a project for DOF review, email us all materials necessary to understand the size and scope of the project, including maps and/or GIS shapefiles.
Amidst the increasing renewable energy projects, regulations are in place to offset these projects by protecting prime agricultural and forestal lands in Virginia. The Code of Virginia Chapter 60 Small Renewable Energy Projects (Solar) Permit by Rule regulations for solar energy projects require mitigation when the proposed projects have impacts to 10 acres or more of prime agricultural soils or 50 acres or more of contiguous forestland. The required mitigation is a conservation easement on property located in the same mitigation district and at the mitigation ratio established in the regulations. Developers have two options to accomplish the required mitigation:
- Identify a suitable mitigation property and eligible easement holder. These conservation easements shall be consistent with the DOF Guidelines for Forest and Agriculture Conservation (available in additional resources below). DOF will review the draft conservation easement, title report and commitment, and boundary survey should a survey be required.
- Alternatively, an applicant may pay an in-lieu fee. As trustee of the in-lieu fee, DOF will acquire an open-space easement interest meeting the acreage and location requirements of the permit by rule.
Additional Resources
- Code of Virginia Chapter 60 Small Renewable Energy Projects (Solar) Permit by Rule
- DEQ HB206 Small Renewable Energy Projects Impact on Natural Resources
- Information about DEQ criteria, procedures and permit requirements
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