{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1009.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1009.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1009.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1009.html"}],"law_id":68698,"edition_id":1,"section_id":68698,"structure_id":13541,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","history":"1979, c. 290, \u00a7 45.1-234; 1980, c. 364; 1983, c. 134; 1984, c. 590; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nNo person shall engage in or carry out any coal surface mining operation without having first obtained a permit to engage in such operation issued by the Director in accordance with state regulations.B\n\nEach coal surface mining permit issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit shall not be transferred, assigned, or sold without the written approval of the Director in accordance with regulations adopted by the Director. The Director shall also adopt regulations meeting the requirements of § 506 of the federal act for longer permit terms, successors in interest to the permittee, termination of the permit for failure to commence operation, right of and procedure for permit renewal, and extension of boundaries of a mining operation.","order_by":null,"text":{"0":{"id":248702,"text":"No person shall engage in or carry out any coal surface mining operation without having first obtained a permit to engage in such operation issued by the Director in accordance with state regulations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248703,"text":"Each coal surface mining permit issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit shall not be transferred, assigned, or sold without the written approval of the Director in accordance with regulations adopted by the Director. The Director shall also adopt regulations meeting the requirements of § 506 of the federal act for longer permit terms, successors in interest to the permittee, termination of the permit for failure to commence operation, right of and procedure for permit renewal, and extension of boundaries of a mining operation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13541,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223733,"object_type":"structure","relational_id":13541,"identifier":"2","token":"45.2\/II\/C\/10\/2","url":"\/45.2\/II\/C\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59248,"structure_id":13541,"section_number":"45.2-1008","catch_line":" Coal exploration operations","url":"\/45.2-1008\/","token":"45.2\/II\/C\/10\/2\/45.2-1008","metadata":false},{"id":68698,"structure_id":13541,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","url":"\/45.2-1009\/","token":"45.2\/II\/C\/10\/2\/45.2-1009","metadata":false},{"id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","metadata":false},{"id":69681,"structure_id":13541,"section_number":"45.2-1011","catch_line":" Operation and reclamation plans","url":"\/45.2-1011\/","token":"45.2\/II\/C\/10\/2\/45.2-1011","metadata":false},{"id":54700,"structure_id":13541,"section_number":"45.2-1012","catch_line":" Revision of permits","url":"\/45.2-1012\/","token":"45.2\/II\/C\/10\/2\/45.2-1012","metadata":false},{"id":80707,"structure_id":13541,"section_number":"45.2-1013","catch_line":" Approval or denial of permit","url":"\/45.2-1013\/","token":"45.2\/II\/C\/10\/2\/45.2-1013","metadata":false},{"id":81130,"structure_id":13541,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","url":"\/45.2-1014\/","token":"45.2\/II\/C\/10\/2\/45.2-1014","metadata":false},{"id":76504,"structure_id":13541,"section_number":"45.2-1015","catch_line":" Decision of Director upon permit application; hearing; appeal","url":"\/45.2-1015\/","token":"45.2\/II\/C\/10\/2\/45.2-1015","metadata":false},{"id":64109,"structure_id":13541,"section_number":"45.2-1016","catch_line":" Performance bonds","url":"\/45.2-1016\/","token":"45.2\/II\/C\/10\/2\/45.2-1016","metadata":false},{"id":74259,"structure_id":13541,"section_number":"45.2-1017","catch_line":" Performance standards","url":"\/45.2-1017\/","token":"45.2\/II\/C\/10\/2\/45.2-1017","metadata":false},{"id":84028,"structure_id":13541,"section_number":"45.2-1018","catch_line":" Surface effects of underground coal mining operations","url":"\/45.2-1018\/","token":"45.2\/II\/C\/10\/2\/45.2-1018","metadata":false},{"id":84230,"structure_id":13541,"section_number":"45.2-1019","catch_line":" Inspections and monitoring","url":"\/45.2-1019\/","token":"45.2\/II\/C\/10\/2\/45.2-1019","metadata":false},{"id":54505,"structure_id":13541,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","url":"\/45.2-1020\/","token":"45.2\/II\/C\/10\/2\/45.2-1020","metadata":false},{"id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","metadata":false},{"id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","metadata":false},{"id":61906,"structure_id":13541,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","url":"\/45.2-1023\/","token":"45.2\/II\/C\/10\/2\/45.2-1023","metadata":false},{"id":84157,"structure_id":13541,"section_number":"45.2-1024","catch_line":" Performance of reclamation operations by Director","url":"\/45.2-1024\/","token":"45.2\/II\/C\/10\/2\/45.2-1024","metadata":false},{"id":54560,"structure_id":13541,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","url":"\/45.2-1025\/","token":"45.2\/II\/C\/10\/2\/45.2-1025","metadata":false},{"id":86764,"structure_id":13541,"section_number":"45.2-1026","catch_line":" Hearings","url":"\/45.2-1026\/","token":"45.2\/II\/C\/10\/2\/45.2-1026","metadata":false},{"id":76733,"structure_id":13541,"section_number":"45.2-1027","catch_line":" Judicial review of final order or decision or decision under \u00a7 45.2-1035","url":"\/45.2-1027\/","token":"45.2\/II\/C\/10\/2\/45.2-1027","metadata":false},{"id":61010,"structure_id":13541,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","url":"\/45.2-1028\/","token":"45.2\/II\/C\/10\/2\/45.2-1028","metadata":false}],"previous_section":{"id":59248,"structure_id":13541,"section_number":"45.2-1008","catch_line":" Coal exploration operations","url":"\/45.2-1008\/","token":"45.2\/II\/C\/10\/2\/45.2-1008","metadata":false},"next_section":{"id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1009\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 364; in 1983, chapter 134; in 1984, chapter 590; in 2013, chapters 47<\/a> and 129<\/a>.<\/p>","references":[{"id":66688,"section_number":"45.2-1000","catch_line":" Definitions","order_by":null,"url":"\/45.2-1000\/"},{"id":54795,"section_number":"45.2-501","catch_line":" Definitions","order_by":null,"url":"\/45.2-501\/"}],"refers_to":false,"permalink":{"id":223739,"object_type":"law","relational_id":68698,"identifier":"45.2-1009","token":"45.2\/II\/C\/10\/2\/45.2-1009","url":"\/45.2-1009\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1009\/","token":"45.2\/II\/C\/10\/2\/45.2-1009","dublin_core":{"Title":" Permit required for coal surface mining operation; term; transfer, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1009","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> shall engage in or carry out any coal surface mining operation without having first obtained a permit<\/span> to engage in such operation issued by the Director<\/span> in accordance with state regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each coal surface mining permit<\/span> issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit<\/span> shall not be transferred, assigned, or sold without the written approval of the Director<\/span> in accordance with regulations adopted by the Director<\/span>. The Director<\/span> shall also adopt regulations meeting the requirements of § 506 of the federal act<\/span> for longer permit<\/span> terms, successors in interest to the permittee<\/span>, termination of the permit<\/span> for failure to commence operation, right of and procedure for permit<\/span> renewal, and extension of boundaries of a mining operation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PERMIT REQUIRED FOR COAL SURFACE MINING OPERATION; TERM; TRANSFER, ETC (\u00a7\n45.2-1009)\n\nA. No person shall engage in or carry out any coal surface mining operation\nwithout having first obtained a permit to engage in such operation issued by the\nDirector in accordance with state regulations.\n\nB. Each coal surface mining permit issued pursuant to the requirements of this\nchapter shall be for a term of five years. The rights granted under such permit\nshall not be transferred, assigned, or sold without the written approval of the\nDirector in accordance with regulations adopted by the Director. The Director\nshall also adopt regulations meeting the requirements of § 506 of the\nfederal act for longer permit terms, successors in interest to the permittee,\ntermination of the permit for failure to commence operation, right of and\nprocedure for permit renewal, and extension of boundaries of a mining operation.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-234; 1980, c. 364; 1983, c. 134; 1984, c. 590;\n2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}