{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1010.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1010.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1010.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1010.html"}],"law_id":63876,"edition_id":1,"section_id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","history":"1979, c. 290, \u00a7 45.1-235; 1982, c. 246; 1984, c. 590; 1999, c. 114; 2003, cc. 542, 550; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nApplication for a surface mining permit shall be made to the Division in the format required by the Director and shall be signed and verified under oath by the person intending to engage in the surface mining of coal, or the person’s legal representative.B\n\nThe application shall contain the information required by regulations adopted by the Director, including the information required under the provisions of § 507(b) of the federal act.C\n\nTo the extent that funds are available from the federal Office of Surface Mining Reclamation and Enforcement, the Director shall provide for permit application assistance to small operators as provided in § 507(c) and (h) of the federal act. Such assistance shall be provided in accordance with regulations adopted by the Director.D\n\nEach applicant for a permit shall be required to submit to the Division as part of the permit application an operation plan and a reclamation plan that meet the requirements of this chapter and regulations adopted by the Director.E\n\nEach application for a coal surface mining permit issued under this chapter shall be accompanied by a fee of $26 per acre for the area of land to be affected by the total operation for which plans have been submitted. A payment of $13 per acre for any area disturbed under the permit shall be payable annually on the anniversary date of the permit. All fees collected under the provisions of this section shall be paid into the Coal Surface Mining Regulatory Fund created pursuant to § 45.2-1007.F\n\nEach applicant for a coal surface mining permit shall file a copy of his application for public inspection at an appropriate public office approved by the Director where the mining is proposed to occur. However, information that pertains only to the analysis of the chemical and physical property of the coal, excepting information regarding such mineral or elemental content that is potentially toxic in the environment, shall be kept confidential upon request of the applicant and not made a matter of public record.G\n\nEach applicant for a coal surface mining permit shall submit to the Division as part of the permit application a certificate issued by an insurance company authorized to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit is sought. Such policy shall provide for personal injury and property damage protection in an amount that is not less than that specified in regulations adopted by the Director and is adequate to compensate any person who is injured or whose property is damaged as a result of a surface coal mining and reclamation operation, including by the use of explosives, and who is entitled by law to compensation under applicable provisions of law. Such policy shall be maintained in full force and effect during the term of the permit and any renewal, including the length of all reclamation operations. The Director may adopt regulations that provide for the submission by the applicant of evidence of self-insurance, meeting the requirements of this subsection, in lieu of a certificate of a public liability insurance policy.","order_by":null,"text":{"0":{"id":232651,"text":"Application for a surface mining permit shall be made to the Division in the format required by the Director and shall be signed and verified under oath by the person intending to engage in the surface mining of coal, or the person’s legal representative.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232652,"text":"The application shall contain the information required by regulations adopted by the Director, including the information required under the provisions of § 507(b) of the federal act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232653,"text":"To the extent that funds are available from the federal Office of Surface Mining Reclamation and Enforcement, the Director shall provide for permit application assistance to small operators as provided in § 507(c) and (h) of the federal act. Such assistance shall be provided in accordance with regulations adopted by the Director.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":232654,"text":"Each applicant for a permit shall be required to submit to the Division as part of the permit application an operation plan and a reclamation plan that meet the requirements of this chapter and regulations adopted by the Director.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":232655,"text":"Each application for a coal surface mining permit issued under this chapter shall be accompanied by a fee of $26 per acre for the area of land to be affected by the total operation for which plans have been submitted. A payment of $13 per acre for any area disturbed under the permit shall be payable annually on the anniversary date of the permit. All fees collected under the provisions of this section shall be paid into the Coal Surface Mining Regulatory Fund created pursuant to § 45.2-1007.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":232656,"text":"Each applicant for a coal surface mining permit shall file a copy of his application for public inspection at an appropriate public office approved by the Director where the mining is proposed to occur. However, information that pertains only to the analysis of the chemical and physical property of the coal, excepting information regarding such mineral or elemental content that is potentially toxic in the environment, shall be kept confidential upon request of the applicant and not made a matter of public record.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":232657,"text":"Each applicant for a coal surface mining permit shall submit to the Division as part of the permit application a certificate issued by an insurance company authorized to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit is sought. Such policy shall provide for personal injury and property damage protection in an amount that is not less than that specified in regulations adopted by the Director and is adequate to compensate any person who is injured or whose property is damaged as a result of a surface coal mining and reclamation operation, including by the use of explosives, and who is entitled by law to compensation under applicable provisions of law. Such policy shall be maintained in full force and effect during the term of the permit and any renewal, including the length of all reclamation operations. The Director may adopt regulations that provide for the submission by the applicant of evidence of self-insurance, meeting the requirements of this subsection, in lieu of a certificate of a public liability insurance policy.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1010\/","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 1982, chapter 246; in 1984, chapter 590; in 1999, chapter 114<\/a>; in 2003, chapters 542<\/a> and 550<\/a>.<\/p>","references":[{"id":68422,"section_number":"45.2-1007","catch_line":" Coal Surface Mining Regulatory Fund","order_by":null,"url":"\/45.2-1007\/"},{"id":82398,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","order_by":null,"url":"\/45.2-1045\/"}],"refers_to":false,"permalink":{"id":223743,"object_type":"law","relational_id":63876,"identifier":"45.2-1010","token":"45.2\/II\/C\/10\/2\/45.2-1010","url":"\/45.2-1010\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","dublin_core":{"Title":" Form and contents of permit application; fee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1010","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Application for a surface mining permit<\/span> shall be made to the Division<\/span> in the format required by the Director<\/span> and shall be signed and verified under oath<\/span> by the person<\/span> intending to engage in the surface mining of coal, or the person<\/span>’s legal representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The application shall contain the information required by regulations adopted by the Director<\/span>, including the information required under the provisions of § 507(b) of the federal act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To the extent that funds are available from the federal Office of Surface Mining Reclamation and Enforcement, the Director<\/span> shall provide for permit<\/span> application assistance to small operators<\/span> as provided in § 507(c) and (h) of the federal act<\/span>. Such assistance shall be provided in accordance with regulations adopted by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each applicant for a permit<\/span> shall be required to submit to the Division<\/span> as part of the permit<\/span> application an operation plan and a reclamation plan that meet the requirements of this chapter and regulations adopted by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each application for a coal surface mining permit<\/span> issued under this chapter shall be accompanied by a fee of $26 per acre for the area of land to be affected by the total operation for which plans have been submitted. A payment of $13 per acre for any area disturbed under the permit<\/span> shall be payable annually on the anniversary date of the permit<\/span>. All fees collected under the provisions of this section shall be paid into the Coal Surface Mining Regulatory Fund created pursuant to § 45.2-1007<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Each applicant for a coal surface mining permit<\/span> shall file a copy of his application for public inspection at an appropriate public office approved by the Director<\/span> where the mining is proposed to occur. However, information that pertains only to the analysis of the chemical and physical property of the coal, excepting information regarding such mineral or elemental content that is potentially toxic in the environment, shall be kept confidential upon request of the applicant and not made a matter of public record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Each applicant for a coal surface mining permit<\/span> shall submit to the Division<\/span> as part of the permit<\/span> application a certificate issued by an insurance company authorized to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit<\/span> is sought. Such policy shall provide for personal injury and property damage protection in an amount that is not less than that specified in regulations adopted by the Director<\/span> and is adequate to compensate any person<\/span> who is injured or whose property is damaged as a result of a surface coal mining and reclamation operation, including by the use of explosives, and who is entitled by law<\/span> to compensation under applicable provisions of law<\/span>. Such policy shall be maintained in full force and effect during the term of the permit<\/span> and any renewal, including the length of all reclamation operations. The Director<\/span> may adopt regulations that provide for the submission by the applicant of evidence<\/span> of self-insurance, meeting the requirements of this subsection, in lieu of a certificate of a public liability insurance policy. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n FORM AND CONTENTS OF PERMIT APPLICATION; FEE (\u00a7 45.2-1010)\n\nA. Application for a surface mining permit shall be made to the Division in the\nformat required by the Director and shall be signed and verified under oath by\nthe person intending to engage in the surface mining of coal, or the\nperson’s legal representative.\n\nB. The application shall contain the information required by regulations adopted\nby the Director, including the information required under the provisions of\n§ 507(b) of the federal act.\n\nC. To the extent that funds are available from the federal Office of Surface\nMining Reclamation and Enforcement, the Director shall provide for permit\napplication assistance to small operators as provided in § 507(c) and (h)\nof the federal act. Such assistance shall be provided in accordance with\nregulations adopted by the Director.\n\nD. Each applicant for a permit shall be required to submit to the Division as\npart of the permit application an operation plan and a reclamation plan that\nmeet the requirements of this chapter and regulations adopted by the Director.\n\nE. Each application for a coal surface mining permit issued under this chapter\nshall be accompanied by a fee of $26 per acre for the area of land to be\naffected by the total operation for which plans have been submitted. A payment\nof $13 per acre for any area disturbed under the permit shall be payable\nannually on the anniversary date of the permit. All fees collected under the\nprovisions of this section shall be paid into the Coal Surface Mining Regulatory\nFund created pursuant to § 45.2-1007.\n\nF. Each applicant for a coal surface mining permit shall file a copy of his\napplication for public inspection at an appropriate public office approved by\nthe Director where the mining is proposed to occur. However, information that\npertains only to the analysis of the chemical and physical property of the coal,\nexcepting information regarding such mineral or elemental content that is\npotentially toxic in the environment, shall be kept confidential upon request of\nthe applicant and not made a matter of public record.\n\nG. Each applicant for a coal surface mining permit shall submit to the Division\nas part of the permit application a certificate issued by an insurance company\nauthorized to do business in the Commonwealth certifying that the applicant has\na public liability insurance policy in force for the surface mining and\nreclamation operation for which such permit is sought. Such policy shall provide\nfor personal injury and property damage protection in an amount that is not less\nthan that specified in regulations adopted by the Director and is adequate to\ncompensate any person who is injured or whose property is damaged as a result of\na surface coal mining and reclamation operation, including by the use of\nexplosives, and who is entitled by law to compensation under applicable\nprovisions of law. Such policy shall be maintained in full force and effect\nduring the term of the permit and any renewal, including the length of all\nreclamation operations. The Director may adopt regulations that provide for the\nsubmission by the applicant of evidence of self-insurance, meeting the\nrequirements of this subsection, in lieu of a certificate of a public liability\ninsurance policy.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-235; 1982, c. 246; 1984, c. 590; 1999, c. 114;\n2003, cc. 542, 550; 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}}