{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1044.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1044.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1044.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1044.html"}],"law_id":74085,"edition_id":1,"section_id":74085,"structure_id":15901,"section_number":"45.2-1044","catch_line":" Participation in Fund","history":"1982, c. 334, \u00a7 45.1-270.2; 1983, c. 131; 1989, c. 432; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nParticipation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act.B\n\nParticipation in the Fund is optional as to each permit application, and approval of such participation by the Division, upon payment by the operator of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016 and regulations issued pursuant thereto. Such participation shall relieve the operator of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016 in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit, constitutes an irrevocable commitment to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.C\n\nFor any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading.D\n\nThe Director may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act or (ii) submits a bond for the proposed additional area. The additional bond shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit.","order_by":null,"text":{"0":{"id":266444,"text":"Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266445,"text":"Participation in the Fund is optional as to each permit application, and approval of such participation by the Division, upon payment by the operator of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016 and regulations issued pursuant thereto. Such participation shall relieve the operator of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016 in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit, constitutes an irrevocable commitment to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266446,"text":"For any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":266447,"text":"The Director may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act or (ii) submits a bond for the proposed additional area. The additional bond shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15901,"edition_id":1,"name":"Coal Surface Mining Reclamation Fund","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 04:01:31","date_modified":"2026-06-26 04:01:31","permalink":{"id":223883,"object_type":"structure","relational_id":15901,"identifier":"5","token":"45.2\/II\/C\/10\/5","url":"\/45.2\/II\/C\/10\/5\/","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":61635,"structure_id":15901,"section_number":"45.2-1043","catch_line":" Coal Surface Mining Reclamation Fund","url":"\/45.2-1043\/","token":"45.2\/II\/C\/10\/5\/45.2-1043","metadata":false},{"id":74085,"structure_id":15901,"section_number":"45.2-1044","catch_line":" Participation in Fund","url":"\/45.2-1044\/","token":"45.2\/II\/C\/10\/5\/45.2-1044","metadata":false},{"id":82398,"structure_id":15901,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","url":"\/45.2-1045\/","token":"45.2\/II\/C\/10\/5\/45.2-1045","metadata":false},{"id":79771,"structure_id":15901,"section_number":"45.2-1046","catch_line":" Assessment of reclamation tax revenues for Fund","url":"\/45.2-1046\/","token":"45.2\/II\/C\/10\/5\/45.2-1046","metadata":false},{"id":86685,"structure_id":15901,"section_number":"45.2-1047","catch_line":" Special assessment","url":"\/45.2-1047\/","token":"45.2\/II\/C\/10\/5\/45.2-1047","metadata":false},{"id":78271,"structure_id":15901,"section_number":"45.2-1048","catch_line":" Collection of reclamation tax and penalties for nonpayment","url":"\/45.2-1048\/","token":"45.2\/II\/C\/10\/5\/45.2-1048","metadata":false},{"id":82572,"structure_id":15901,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","url":"\/45.2-1049\/","token":"45.2\/II\/C\/10\/5\/45.2-1049","metadata":false},{"id":65989,"structure_id":15901,"section_number":"45.2-1050","catch_line":" Reinstatement to the Fund; recovery of Fund expenditures","url":"\/45.2-1050\/","token":"45.2\/II\/C\/10\/5\/45.2-1050","metadata":false},{"id":87112,"structure_id":15901,"section_number":"45.2-1051","catch_line":" Coal Surface Mining Reclamation Fund Advisory Board","url":"\/45.2-1051\/","token":"45.2\/II\/C\/10\/5\/45.2-1051","metadata":false}],"previous_section":{"id":61635,"structure_id":15901,"section_number":"45.2-1043","catch_line":" Coal Surface Mining Reclamation Fund","url":"\/45.2-1043\/","token":"45.2\/II\/C\/10\/5\/45.2-1043","metadata":false},"next_section":{"id":82398,"structure_id":15901,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","url":"\/45.2-1045\/","token":"45.2\/II\/C\/10\/5\/45.2-1045","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1044\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 334 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1983, chapter 131; in 1989, chapter 432.<\/p>","references":false,"refers_to":[{"id":64109,"section_number":"45.2-1016","catch_line":" Performance bonds","order_by":null,"url":"\/45.2-1016\/"}],"permalink":{"id":223889,"object_type":"law","relational_id":74085,"identifier":"45.2-1044","token":"45.2\/II\/C\/10\/5\/45.2-1044","url":"\/45.2-1044\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1044\/","token":"45.2\/II\/C\/10\/5\/45.2-1044","dublin_core":{"Title":" Participation in Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1044","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Participation in the Fund is open to any operator<\/span> applying for a permit<\/span> under this chapter who can demonstrate to the Director<\/span> a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Participation in the Fund is optional as to each permit<\/span> application, and approval of such participation by the Division<\/span>, upon payment by the operator<\/span> of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016<\/a> and regulations issued pursuant thereto. Such participation shall relieve the operator<\/span> of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016<\/a> in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit<\/span>, constitutes an irrevocable commitment to participate therein as to the applicable permit<\/span> and for the duration of the coal surface mining operations covered thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Director<\/span> may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director<\/span> a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act<\/span> or (ii) submits a bond<\/span> for the proposed additional area. The additional bond<\/span> shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PARTICIPATION IN FUND (\u00a7 45.2-1044)\n\nA. Participation in the Fund is open to any operator applying for a permit under\nthis chapter who can demonstrate to the Director a history of at least three\nconsecutive years of compliance under this chapter or any other comparable state\nor federal act.\n\nB. Participation in the Fund is optional as to each permit application, and\napproval of such participation by the Division, upon payment by the operator of\nall entrance fees to the Fund required by this article, shall constitute\ncompliance with all requirements of § 45.2-1016 and regulations issued\npursuant thereto. Such participation shall relieve the operator of all bonding\nrequirements except those set forth in this article. Nothing in this article\nshall preclude compliance with § 45.2-1016 in lieu of participation in the\nFund, prior to commencement of such participation. Commencement of participation\nin the Fund, as to the applicable permit, constitutes an irrevocable commitment\nto participate therein as to the applicable permit and for the duration of the\ncoal surface mining operations covered thereunder.\n\nC. For any mining operation bonded under this article, the total cumulative\namount of exposed highwall shall not exceed 1,500 linear feet. The width of the\ncoal pit shall be limited to two mining cuts or 500 feet, whichever is less,\nmeasured perpendicular from the most advanced highwall to the coal outcrop or to\nthe nearest point of rough backfilling and grading.\n\nD. The Director may allow extended distances for rough backfilling and grading\nbeyond those established in this section the applicant (i) can demonstrate to\nthe Director a history of at least seven consecutive years of compliance with\nthis chapter or with any other comparable state or federal act or (ii) submits a\nbond for the proposed additional area. The additional bond shall be equal to the\nratio of the extended distance to the distance specified in subsection C,\nmultiplied by an approved cost estimate of reclamation prepared for the permit.\n\nHISTORY: 1982, c. 334, \u00a7 45.1-270.2; 1983, c. 131; 1989, c. 432; 2021, Sp.\nSess. 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}}