{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1200.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1200.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1200.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1200.html"}],"law_id":57834,"edition_id":1,"section_id":57834,"structure_id":15187,"section_number":"45.2-1200","catch_line":"Definitions","history":"1968, c. 734, \u00a7 45.1-180; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590; 2021, Sp. Sess. I, c. 387; 2024, c. 224; 2025, cc. 390, 405.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Disturbed land” means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds.\n\t\t“Division” means the Division of Mineral Mining.\n\t\t“Mineral” means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal.\n\t\t“Mining” means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. “Mining” does not include (i) any aspect of deep mining that does not have a significant effect on the surface or (ii) excavation or grading when conducted solely in aid of onsite farming or construction. Such exemption in clause (ii) shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (a) is a one-time activity on that parcel of land, (b) is completed within one year, (c) results in a pond that is less than three acres in total, and (d) has all necessary permits and local approvals in place before such activity begins. Nothing in this section applies to the mining of coal. “Mining” does not include, and this title, chapter, or section shall not be construed to apply to, the process of searching, prospecting, exploring, or investigating for minerals by drilling.\n\t\t“Mining operation” means any area included in an approved plan of operation.\n\t\t“Operator” means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining.\n\t\t“Orphaned lands” means lands disturbed by surface mining of minerals, other than coal operations, that were not required by law to be reclaimed or that have not been reclaimed.\n\t\t“Overburden” means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining.\n\t\t“Reclamation” means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable.\n\t\t“Refuse” means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources.\n\t\t“Spoil” means any overburden or other material removed from its natural state in the process of mining.","order_by":null,"text":{"0":{"id":211772,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Disturbed land” means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds.\n\t\t“Division” means the Division of Mineral Mining.\n\t\t“Mineral” means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal.\n\t\t“Mining” means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. “Mining” does not include (i) any aspect of deep mining that does not have a significant effect on the surface or (ii) excavation or grading when conducted solely in aid of onsite farming or construction. Such exemption in clause (ii) shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (a) is a one-time activity on that parcel of land, (b) is completed within one year, (c) results in a pond that is less than three acres in total, and (d) has all necessary permits and local approvals in place before such activity begins. Nothing in this section applies to the mining of coal. “Mining” does not include, and this title, chapter, or section shall not be construed to apply to, the process of searching, prospecting, exploring, or investigating for minerals by drilling.\n\t\t“Mining operation” means any area included in an approved plan of operation.\n\t\t“Operator” means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining.\n\t\t“Orphaned lands” means lands disturbed by surface mining of minerals, other than coal operations, that were not required by law to be reclaimed or that have not been reclaimed.\n\t\t“Overburden” means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining.\n\t\t“Reclamation” means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable.\n\t\t“Refuse” means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources.\n\t\t“Spoil” means any overburden or other material removed from its natural state in the process of mining.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15187,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13016,"metadata":{},"date_created":"2026-06-26 03:52:48","date_modified":"2026-06-26 03:52:48","permalink":{"id":224407,"object_type":"structure","relational_id":15187,"identifier":"1","token":"45.2\/III\/A\/12\/1","url":"\/45.2\/III\/A\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13016,"edition_id":1,"name":"Permits for Certain Mining Operations; Reclamation of Land","identifier":"12","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":224405,"object_type":"structure","relational_id":13016,"identifier":"12","token":"45.2\/III\/A\/12","url":"\/45.2\/III\/A\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12950,"edition_id":1,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12949,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224111,"object_type":"structure","relational_id":12950,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12949,"edition_id":1,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224109,"object_type":"structure","relational_id":12949,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","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":57834,"structure_id":15187,"section_number":"45.2-1200","catch_line":"Definitions","url":"\/45.2-1200\/","token":"45.2\/III\/A\/12\/1\/45.2-1200","metadata":false},{"id":71513,"structure_id":15187,"section_number":"45.2-1201","catch_line":" Construction of chapter","url":"\/45.2-1201\/","token":"45.2\/III\/A\/12\/1\/45.2-1201","metadata":false},{"id":71828,"structure_id":15187,"section_number":"45.2-1202","catch_line":" Authority of Director; enforcement of chapter by injunction","url":"\/45.2-1202\/","token":"45.2\/III\/A\/12\/1\/45.2-1202","metadata":false},{"id":81599,"structure_id":15187,"section_number":"45.2-1203","catch_line":"Exemption for restricted mining","url":"\/45.2-1203\/","token":"45.2\/III\/A\/12\/1\/45.2-1203","metadata":false}],"next_section":{"id":71513,"structure_id":15187,"section_number":"45.2-1201","catch_line":" Construction of chapter","url":"\/45.2-1201\/","token":"45.2\/III\/A\/12\/1\/45.2-1201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1200\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 734 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1972, chapter 206; in 1974, chapter 312; in 1977, chapter 312; in 1984, chapter 590; in 2024, chapter 224<\/a>; in 2025, chapters 390<\/a> and 405<\/a>.<\/p>","references":[{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"},{"id":66775,"section_number":"45.2-106","catch_line":" Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit","order_by":null,"url":"\/45.2-106\/"},{"id":57591,"section_number":"45.2-1131","catch_line":" Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map","order_by":null,"url":"\/45.2-1131\/"},{"id":60625,"section_number":"45.2-1235","catch_line":" Membership in Fund; payments required","order_by":null,"url":"\/45.2-1235\/"},{"id":71660,"section_number":"45.2-1600","catch_line":" Definitions","order_by":null,"url":"\/45.2-1600\/"},{"id":62338,"section_number":"45.2-2116","catch_line":" Uranium mining permit applications; uranium mining deemed to have significant effect on surface","order_by":null,"url":"\/45.2-2116\/"},{"id":73284,"section_number":"62.1-44.15:66","catch_line":"No limitation on authority of Department of Energy","order_by":null,"url":"\/62.1-44.15_66\/"}],"refers_to":false,"permalink":{"id":224409,"object_type":"law","relational_id":57834,"identifier":"45.2-1200","token":"45.2\/III\/A\/12\/1\/45.2-1200","url":"\/45.2-1200\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1200\/","token":"45.2\/III\/A\/12\/1\/45.2-1200","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1200","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Disturbed land<\/span>” means the area from which overburden<\/span> has been removed in any mining operation<\/span>, plus the area covered by the spoil<\/span> and refuse<\/span>, plus any area used in such mining operation<\/span>, including land used for processing, stockpiling, or settling ponds.\n\t\t“Division<\/span>” means the Division<\/span> of Mineral<\/span> Mining.\n\t\t“Mineral<\/span>” means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal.\n\t\t“Mining” means the breaking or disturbing of the surface soil or rock in order<\/span> to facilitate or accomplish the extraction or removal of minerals<\/span> or any activity constituting all or part of a process for the extraction or removal of minerals<\/span> so as to make them suitable for commercial, industrial, or construction use. “Mining” does not include (i) any aspect of deep mining that does not have a significant effect on the surface or (ii) excavation or grading when conducted solely in aid of onsite farming or construction. Such exemption in clause (ii) shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (a) is a one-time activity on that parcel of land, (b) is completed within one year, (c) results in a pond that is less than three acres in total, and (d) has all necessary permits and local approvals in place before such activity begins. Nothing in this section applies to the mining of coal. “Mining” does not include, and this title, chapter, or section shall not be construed to apply to, the process of searching, prospecting, exploring, or investigating for minerals<\/span> by drilling.\n\t\t“Mining operation<\/span>” means any area included in an approved plan of operation.\n\t\t“Operator<\/span>” means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining.\n\t\t“Orphaned lands<\/span>” means lands disturbed by surface mining of minerals<\/span>, other than coal operations, that were not required by law<\/span> to be reclaimed or that have not been reclaimed.\n\t\t“Overburden<\/span>” means all of the earth and other materials<\/span> that lie above a natural deposit of minerals<\/span>, ores, rock, or other solid matter and also other materials<\/span> after removal from their natural deposit in the process of mining.\n\t\t“Reclamation<\/span>” means the restoration or conversion of disturbed land<\/span> to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable.\n\t\t“Refuse<\/span>” means all waste soil, rock, mineral<\/span> tailings, slimes, and other material<\/span> directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material<\/span> deposited in the permit area from other sources.\n\t\t“Spoil<\/span>” means any overburden<\/span> or other material<\/span> removed from its natural state in the process of mining.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 45.2-1200)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Disturbed land” means the area from which overburden has been\nremoved in any mining operation, plus the area covered by the spoil and refuse,\nplus any area used in such mining operation, including land used for processing,\nstockpiling, or settling ponds.\n\t\t“Division” means the Division of Mineral Mining.\n\t\t“Mineral” means ore, rock, and any other solid homogeneous\ncrystalline chemical element or compound that results from the inorganic\nprocesses of nature other than coal.\n\t\t“Mining” means the breaking or disturbing of the surface soil or\nrock in order to facilitate or accomplish the extraction or removal of minerals\nor any activity constituting all or part of a process for the extraction or\nremoval of minerals so as to make them suitable for commercial, industrial, or\nconstruction use. “Mining” does not include (i) any aspect of deep\nmining that does not have a significant effect on the surface or (ii) excavation\nor grading when conducted solely in aid of onsite farming or construction. Such\nexemption in clause (ii) shall not be construed to limit a landowner in a\none-time construction or expansion of a farm pond for agricultural irrigation or\nprovision of water for livestock to beneficially reuse the soil or sand,\nprovided that such pond construction or expansion project (a) is a one-time\nactivity on that parcel of land, (b) is completed within one year, (c) results\nin a pond that is less than three acres in total, and (d) has all necessary\npermits and local approvals in place before such activity begins. Nothing in\nthis section applies to the mining of coal. “Mining” does not\ninclude, and this title, chapter, or section shall not be construed to apply to,\nthe process of searching, prospecting, exploring, or investigating for minerals\nby drilling.\n\t\t“Mining operation” means any area included in an approved plan of\noperation.\n\t\t“Operator” means any individual, corporation or corporation\nofficer, firm, joint venture, partnership, business trust, association, or any\nother group or combination acting as a unit, or any legal entity that is engaged\nin mining.\n\t\t“Orphaned lands” means lands disturbed by surface mining of\nminerals, other than coal operations, that were not required by law to be\nreclaimed or that have not been reclaimed.\n\t\t“Overburden” means all of the earth and other materials that lie\nabove a natural deposit of minerals, ores, rock, or other solid matter and also\nother materials after removal from their natural deposit in the process of\nmining.\n\t\t“Reclamation” means the restoration or conversion of disturbed\nland to a stable condition that minimizes or prevents adverse disruption and the\ninjurious effects of such disruption and presents an opportunity for further\nproductive use if such use is reasonable.\n\t\t“Refuse” means all waste soil, rock, mineral tailings, slimes, and\nother material directly connected with the mine or with the cleaning and\npreparation of substances mined, including all waste material deposited in the\npermit area from other sources.\n\t\t“Spoil” means any overburden or other material removed from its\nnatural state in the process of mining.\n\nHISTORY: 1968, c. 734, \u00a7 45.1-180; 1972, c. 206; 1974, c. 312; 1977, c. 312;\n1984, c. 590; 2021, Sp. Sess. I, c. 387; 2024, c. 224; 2025, cc. 390, 405.","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}}