Historic preservationists in Virginia have a legislative tool to challenge a utility that seeks to erect a power line near a historical area. A public utility seeking approval of a proposed transmission line route must not only obtain a certificate of convenience and necessity pursuant to section 56-265.2 of the Virginia Code, but it must also comply with section 56-46.1 as well. With the passage of section 56-46.1, any interested party has the right to notice and the right to a hearing before the State Corporation Commission (SCC or Commission) when a power line siting decision is pending. Before approving a site, the Commission must be satisfied that the utility will minimize adverse scenic, historical, and environmental impacts.
Amy L. Sheridan,
Sitting Power Lines in Historic Areas of Virginia,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol29/iss2/4