{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1028.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1028.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1028.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1028.html"}],"law_id":61010,"edition_id":1,"section_id":61010,"structure_id":13541,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","history":"1979, c. 290, \u00a7 45.1-252; 1984, c. 590; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\n1. The Director shall establish a planning process that enables objective decisions, based on competent and scientifically sound data and information, regarding which land areas of the Commonwealth, if any, are unsuitable for coal surface mining operations pursuant to the standards set forth in subdivisions 2 and 3. Such designation shall not prevent the mineral exploration pursuant to this chapter of any area so designated.2\n\nUpon petition pursuant to subsection C, the Director shall designate a land area as unsuitable for all or certain types of coal surface mining operations if the Director determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible.3\n\nUpon petition pursuant to subsection C, the Director may designate a surface area as unsuitable for certain types of coal surface mining operations if such operations will (i) be incompatible with existing land use plans or programs; (ii) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems; (iii) affect renewable resource lands, including aquifers and aquifer recharge areas, in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or food or fiber products; or (iv) affect natural hazard lands, including areas subject to frequent flooding and areas of unstable geology, in which such operations could substantially endanger life and property.4\n\nAny determination of the unsuitability of a land area for coal surface mining made pursuant to this section shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.5\n\nThe requirements of this section shall not apply to any land area (i) on which a coal surface mining operation was being conducted on August 3, 1977; (ii) on which a coal surface mining operation was being conducted under a permit issued pursuant to the provisions of the federal act; or (iii) where substantial legal and financial commitments in either such operation were in existence prior to January 4, 1977.B\n\nPrior to designating any land area as unsuitable for a coal surface mining operation, the Director shall cause to be prepared a detailed statement on (i) the potential coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on the environment, the economy, and the supply of coal.C\n\nAny person having an interest that is or could be adversely affected has the right to petition the Director to have an area designated as unsuitable for coal surface mining operations, or to have such a designation terminated. Such petition shall contain allegations of facts with supporting evidence that would tend to establish the allegations. Within 10 months after receipt of the petition, the Department shall hold a public hearing in the locality in which the affected area is located, after appropriate notice and publication of the date, time, and location of the hearing. After a person having an interest that is or could be adversely affected has filed a petition but before the hearing required by this subsection has taken place, any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations. The Director shall issue and furnish to the petitioner and any other party to the hearing, within 60 days after such hearing, a written decision regarding the petition and the reasons therefor. In the event that all petitioners stipulate agreement prior to the hearing and withdraw their requests, such hearing need not be held.D\n\nSubject to valid existing rights, no coal surface mining operation, except an operation that existed on August 3, 1977, shall be permitted:1\n\nOn any lands within the boundaries of any unit of the National Park System, the National Wildlife Refuge System, the National Trails System, the National Wilderness Preservation System, or the Wild and Scenic Rivers System, including study rivers designated under § 5(a) of the Wild and Scenic Rivers Act; any National Recreation Area designated by act of Congress; or any federal lands within the boundaries of any national forest, except as otherwise provided by federal law;2\n\nThat will adversely affect any publicly owned park or any site listed in the National Register of Historic Places unless approved jointly by the Director and the federal, state, or local agency with jurisdiction over the park or historic site;3\n\nWithin 100 feet of the outside right-of-way line of any public road, except where a mine access road or haulage road joins such right-of-way line. However, the Director may permit such mine access or haulage road to be relocated or the area affected to lie within 100 feet of such public road if, after public notice and opportunity for hearing in the locality, a written finding is made that the interests of the public and landowners affected thereby will be protected; or4\n\nWithin 300 feet of any occupied dwelling, unless waived by the owner thereof; within 300 feet of any public building, school, church, community or institutional building, or public park; or within 100 feet of a cemetery.","order_by":null,"text":{"0":{"id":223032,"text":"1. The Director shall establish a planning process that enables objective decisions, based on competent and scientifically sound data and information, regarding which land areas of the Commonwealth, if any, are unsuitable for coal surface mining operations pursuant to the standards set forth in subdivisions 2 and 3. Such designation shall not prevent the mineral exploration pursuant to this chapter of any area so designated.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":223033,"text":"Upon petition pursuant to subsection C, the Director shall designate a land area as unsuitable for all or certain types of coal surface mining operations if the Director determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":223034,"text":"Upon petition pursuant to subsection C, the Director may designate a surface area as unsuitable for certain types of coal surface mining operations if such operations will (i) be incompatible with existing land use plans or programs; (ii) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems; (iii) affect renewable resource lands, including aquifers and aquifer recharge areas, in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or food or fiber products; or (iv) affect natural hazard lands, including areas subject to frequent flooding and areas of unstable geology, in which such operations could substantially endanger life and property.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"3":{"id":223035,"text":"Any determination of the unsuitability of a land area for coal surface mining made pursuant to this section shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"4":{"id":223036,"text":"The requirements of this section shall not apply to any land area (i) on which a coal surface mining operation was being conducted on August 3, 1977; (ii) on which a coal surface mining operation was being conducted under a permit issued pursuant to the provisions of the federal act; or (iii) where substantial legal and financial commitments in either such operation were in existence prior to January 4, 1977.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"5":{"id":223037,"text":"Prior to designating any land area as unsuitable for a coal surface mining operation, the Director shall cause to be prepared a detailed statement on (i) the potential coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on the environment, the economy, and the supply of coal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"6":{"id":223038,"text":"Any person having an interest that is or could be adversely affected has the right to petition the Director to have an area designated as unsuitable for coal surface mining operations, or to have such a designation terminated. Such petition shall contain allegations of facts with supporting evidence that would tend to establish the allegations. Within 10 months after receipt of the petition, the Department shall hold a public hearing in the locality in which the affected area is located, after appropriate notice and publication of the date, time, and location of the hearing. After a person having an interest that is or could be adversely affected has filed a petition but before the hearing required by this subsection has taken place, any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations. The Director shall issue and furnish to the petitioner and any other party to the hearing, within 60 days after such hearing, a written decision regarding the petition and the reasons therefor. In the event that all petitioners stipulate agreement prior to the hearing and withdraw their requests, such hearing need not be held.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":223039,"text":"Subject to valid existing rights, no coal surface mining operation, except an operation that existed on August 3, 1977, shall be permitted:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"8":{"id":223040,"text":"On any lands within the boundaries of any unit of the National Park System, the National Wildlife Refuge System, the National Trails System, the National Wilderness Preservation System, or the Wild and Scenic Rivers System, including study rivers designated under § 5(a) of the Wild and Scenic Rivers Act; any National Recreation Area designated by act of Congress; or any federal lands within the boundaries of any national forest, except as otherwise provided by federal law;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":223041,"text":"That will adversely affect any publicly owned park or any site listed in the National Register of Historic Places unless approved jointly by the Director and the federal, state, or local agency with jurisdiction over the park or historic site;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"10":{"id":223042,"text":"Within 100 feet of the outside right-of-way line of any public road, except where a mine access road or haulage road joins such right-of-way line. However, the Director may permit such mine access or haulage road to be relocated or the area affected to lie within 100 feet of such public road if, after public notice and opportunity for hearing in the locality, a written finding is made that the interests of the public and landowners affected thereby will be protected; or","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"11":{"id":223043,"text":"Within 300 feet of any occupied dwelling, unless waived by the owner thereof; within 300 feet of any public building, school, church, community or institutional building, or public park; or within 100 feet of a cemetery.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1028\/","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 1 time. 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. That modification is as follows: in 1984, chapter 590.<\/p>","references":[{"id":80733,"section_number":"10.1-408","catch_line":"Uses not affected by scenic river designation","order_by":null,"url":"\/10.1-408\/"}],"refers_to":false,"permalink":{"id":223815,"object_type":"law","relational_id":61010,"identifier":"45.2-1028","token":"45.2\/II\/C\/10\/2\/45.2-1028","url":"\/45.2-1028\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1028\/","token":"45.2\/II\/C\/10\/2\/45.2-1028","dublin_core":{"Title":" Designating areas unsuitable for coal surface mining","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1028","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. The Director<\/span> shall establish a planning process that enables objective decisions, based on competent and scientifically sound data and information, regarding which land areas of the Commonwealth, if any, are unsuitable for coal surface mining operations pursuant to the standards set forth in subdivisions 2 and 3. Such designation shall not prevent the mineral exploration pursuant to this chapter of any area so designated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon petition<\/span> pursuant to subsection C, the Director<\/span> shall designate a land area as unsuitable for all or certain types of coal surface mining operations if the Director<\/span> determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon petition<\/span> pursuant to subsection C, the Director<\/span> may designate a surface area as unsuitable for certain types of coal surface mining operations if such operations will (i) be incompatible with existing land use plans or programs; (ii) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems; (iii) affect renewable resource lands, including aquifers and aquifer recharge areas, in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or food or fiber products; or (iv) affect natural hazard lands, including areas subject to frequent flooding and areas of unstable geology, in which such operations could substantially endanger life and property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any determination of the unsuitability of a land area for coal surface mining made pursuant to this section shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The requirements of this section shall not apply to any land area (i) on which a coal surface mining operation was being conducted on August 3, 1977; (ii) on which a coal surface mining operation was being conducted under a permit<\/span> issued pursuant to the provisions of the federal act<\/span>; or (iii) where substantial legal and financial commitments in either such operation were in existence prior to January 4, 1977. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to designating any land area as unsuitable for a coal surface mining operation, the Director<\/span> shall cause to be prepared a detailed statement on (i) the potential coal resources of the area, (ii) the demand for coal resources, and (iii) the impact of such designation on the environment, the economy, and the supply of coal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> having an interest that is or could be adversely affected has the right to petition<\/span> the Director<\/span> to have an area designated as unsuitable for coal surface mining operations, or to have such a designation terminated. Such petition<\/span> shall contain allegations<\/span> of facts<\/span> with supporting evidence<\/span> that would tend to establish the allegations<\/span>. Within 10 months after receipt of the petition<\/span>, the Department<\/span> shall hold a public hearing<\/span> in the locality in which the affected area is located, after appropriate notice and publication of the date, time, and location of the hearing<\/span>. After a person<\/span> having an interest that is or could be adversely affected has filed a petition<\/span> but before the hearing<\/span> required by this subsection has taken place, any person<\/span> may intervene by filing allegations<\/span> of facts<\/span> with supporting evidence<\/span> that would tend to establish the allegations<\/span>. The Director<\/span> shall issue<\/span> and furnish to the petitioner and any other party<\/span> to the hearing<\/span>, within 60 days after such hearing<\/span>, a written decision regarding the petition<\/span> and the reasons therefor. In the event that all petitioners stipulate agreement prior to the hearing<\/span> and withdraw their requests, such hearing<\/span> need not be held. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subject to valid existing rights, no coal surface mining operation, except an operation that existed on August 3, 1977, shall be permitted: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On any lands within the boundaries of any unit of the National Park System, the National Wildlife Refuge System, the National Trails System, the National Wilderness Preservation System, or the Wild and Scenic Rivers System, including study rivers designated under § 5(a) of the Wild and Scenic Rivers Act; any National Recreation Area designated by act of Congress; or any federal lands within the boundaries of any national forest, except as otherwise provided by federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That will adversely affect any publicly owned park or any site listed in the National Register of Historic Places unless approved jointly by the Director<\/span> and the federal, state, or local agency with jurisdiction<\/span> over the park or historic site; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Within 100 feet of the outside right-of-way line of any public road, except where a mine access road or haulage road joins such right-of-way line. However, the Director<\/span> may permit<\/span> such mine access or haulage road to be relocated or the area affected to lie within 100 feet of such public road if, after public notice and opportunity for hearing<\/span> in the locality, a written finding<\/span> is made that the interests of the public and landowners affected thereby will be protected; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Within 300 feet of any occupied dwelling, unless waived by the owner thereof; within 300 feet of any public building, school, church, community or institutional building, or public park; or within 100 feet of a cemetery. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DESIGNATING AREAS UNSUITABLE FOR COAL SURFACE MINING (\u00a7 45.2-1028)\n\nA. 1. The Director shall establish a planning process that enables objective\ndecisions, based on competent and scientifically sound data and information,\nregarding which land areas of the Commonwealth, if any, are unsuitable for coal\nsurface mining operations pursuant to the standards set forth in subdivisions 2\nand 3. Such designation shall not prevent the mineral exploration pursuant to\nthis chapter of any area so designated.\n\n 2. Upon petition pursuant to subsection C, the Director shall designate a land\n area as unsuitable for all or certain types of coal surface mining operations\n if the Director determines that reclamation pursuant to the requirements of\n this chapter is not technologically and economically feasible.\n\n 3. Upon petition pursuant to subsection C, the Director may designate a\n surface area as unsuitable for certain types of coal surface mining operations\n if such operations will (i) be incompatible with existing land use plans or\n programs; (ii) affect fragile or historic lands in which such operations could\n result in significant damage to important historic, cultural, scientific, or\n aesthetic values or natural systems; (iii) affect renewable resource lands,\n including aquifers and aquifer recharge areas, in which such operations could\n result in a substantial loss or reduction of long-range productivity of water\n supply or food or fiber products; or (iv) affect natural hazard lands,\n including areas subject to frequent flooding and areas of unstable geology, in\n which such operations could substantially endanger life and property.\n\n 4. Any determination of the unsuitability of a land area for coal surface\n mining made pursuant to this section shall be integrated as closely as\n possible with present and future land use planning and regulation processes at\n the federal, state, and local levels.\n\n 5. The requirements of this section shall not apply to any land area (i) on\n which a coal surface mining operation was being conducted on August 3, 1977;\n (ii) on which a coal surface mining operation was being conducted under a\n permit issued pursuant to the provisions of the federal act; or (iii) where\n substantial legal and financial commitments in either such operation were in\n existence prior to January 4, 1977.\n\nB. Prior to designating any land area as unsuitable for a coal surface mining\noperation, the Director shall cause to be prepared a detailed statement on (i)\nthe potential coal resources of the area, (ii) the demand for coal resources,\nand (iii) the impact of such designation on the environment, the economy, and\nthe supply of coal.\n\nC. Any person having an interest that is or could be adversely affected has the\nright to petition the Director to have an area designated as unsuitable for coal\nsurface mining operations, or to have such a designation terminated. Such\npetition shall contain allegations of facts with supporting evidence that would\ntend to establish the allegations. Within 10 months after receipt of the\npetition, the Department shall hold a public hearing in the locality in which\nthe affected area is located, after appropriate notice and publication of the\ndate, time, and location of the hearing. After a person having an interest that\nis or could be adversely affected has filed a petition but before the hearing\nrequired by this subsection has taken place, any person may intervene by filing\nallegations of facts with supporting evidence that would tend to establish the\nallegations. The Director shall issue and furnish to the petitioner and any\nother party to the hearing, within 60 days after such hearing, a written\ndecision regarding the petition and the reasons therefor. In the event that all\npetitioners stipulate agreement prior to the hearing and withdraw their\nrequests, such hearing need not be held.\n\nD. Subject to valid existing rights, no coal surface mining operation, except an\noperation that existed on August 3, 1977, shall be permitted:\n\n 1. On any lands within the boundaries of any unit of the National Park System,\n the National Wildlife Refuge System, the National Trails System, the National\n Wilderness Preservation System, or the Wild and Scenic Rivers System,\n including study rivers designated under § 5(a) of the Wild and Scenic\n Rivers Act; any National Recreation Area designated by act of Congress; or any\n federal lands within the boundaries of any national forest, except as\n otherwise provided by federal law;\n\n 2. That will adversely affect any publicly owned park or any site listed in\n the National Register of Historic Places unless approved jointly by the\n Director and the federal, state, or local agency with jurisdiction over the\n park or historic site;\n\n 3. Within 100 feet of the outside right-of-way line of any public road, except\n where a mine access road or haulage road joins such right-of-way line.\n However, the Director may permit such mine access or haulage road to be\n relocated or the area affected to lie within 100 feet of such public road if,\n after public notice and opportunity for hearing in the locality, a written\n finding is made that the interests of the public and landowners affected\n thereby will be protected; or\n\n 4. Within 300 feet of any occupied dwelling, unless waived by the owner\n thereof; within 300 feet of any public building, school, church, community or\n institutional building, or public park; or within 100 feet of a cemetery.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-252; 1984, c. 590; 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}}