{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1205.html"}],"law_id":76591,"edition_id":1,"section_id":76591,"structure_id":14081,"section_number":"45.2-1205","catch_line":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","history":"1968, c. 734, \u00a7 45.1-181; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1983, c. 322; 1996, cc. 648, 659; 2003, cc. 542, 550; 2012, c. 695; 2019, c. 538; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIt is unlawful for any operator to engage in any mining operation in the Commonwealth without first obtaining from the Department a permit to engage in such operation and paying a permit fee of $50 per acre for every acre of land to be affected by the total operation for which plans have been submitted. Such permit fee shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204. A permit shall be obtained prior to the start of any mining operation.B\n\nA separate permit shall be secured for each mining operation conducted. An application for a mining permit shall be made in writing on forms prescribed by the Director and shall be signed and sworn to by the applicant or his duly authorized representative. The application, in addition to other information reasonably required by the Director, shall contain the following information: (i) the common name and geologic title, where applicable, of the mineral to be extracted; (ii) a description of the land upon which the applicant proposes to conduct mining operations, setting forth the name of the county or city in which such land is located, the location of its boundaries, and any other description of the land to be disturbed necessary to allow it to be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; (iii) the name and address of the owner or owners of the surface of the land; (iv) the name and address of the owner or owners of the mineral, ore, or other solid matter; (v) the source of the operator’s legal right to enter and conduct operations on the land to be covered by the permit; (vi) the total number of acres of land to be covered by the permit; (vii) a reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year; (viii) whether any mining permit of any type is now held by the applicant, and the number of such permits; (ix) the name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; and (x) if known, whether the applicant, any subsidiary or affiliate of the applicant, any partnership, association, trust, or corporation controlled by or under common control with the applicant, or any person required to be identified by clause (ix) has ever had a mining permit of any type issued under the laws of the Commonwealth or any other state revoked or has ever had a mining or other bond, or security deposited in lieu of bond, forfeited. Clause (iv) shall not apply to the shell, container chamber, passage, or open space set forth in § 45.2-402.C\n\nThe application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan that meets the following requirements:1\n\nIs prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in a manner acceptable to the Director;2\n\nIdentifies the area corresponding with the land described in the application;3\n\nShows adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area that lie within 100 feet of any part of the affected area;4\n\nIs drawn to a scale of 400 feet to the inch or better;5\n\nShows the names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, gas and oil wells, and utility lines on the area affected and within 500 feet of such area;6\n\nShows by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or the deposit to be mined, and the total number of acres involved in the area of land affected;7\n\nShows the date on which the map was prepared, the north arrow, and the quadrangle name; and8\n\nShows the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge.D\n\nNo permit shall be issued by the Department until the Director has approved the plan of operation required in this section and § 45.2-1206 and the bond from the applicant as required in § 45.2-1208.E\n\nIf the operator believes that changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation that shall be reviewed for approval by the Director in the same manner as an original plan and shall be subject to the provisions of this section and §§ 45.2-1206 and 45.2-1208.F\n\nIf within 10 days of the anniversary date of the permit, the Director, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by him, then the Director shall renew the permit upon payment of a renewal fee by the operator for land to be affected by the total operation in the next ensuing year according to the following schedule:\n\t\t\tAnniversary Date: Renewal Fee:\n\t\t\tBeginning July 1, 2019 $18 per disturbed acre\n\t\t\tBeginning July 1, 2020 $20 per disturbed acre\n\t\t\tBeginning July 1, 2021 $22 per disturbed acre\n\t\t\tBeginning July 1, 2022 $24 per disturbed acre\n\t\t\tThe renewal fees shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204.G\n\nUpon receipt of a written request by any landowner on whose property a sand and gravel operation is permitted pursuant to this section, the operator of the sand and gravel operation shall provide a copy of the map, photograph, or plan to the landowner.","order_by":null,"text":{"0":{"id":274940,"text":"It is unlawful for any operator to engage in any mining operation in the Commonwealth without first obtaining from the Department a permit to engage in such operation and paying a permit fee of $50 per acre for every acre of land to be affected by the total operation for which plans have been submitted. Such permit fee shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204. A permit shall be obtained prior to the start of any mining operation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274941,"text":"A separate permit shall be secured for each mining operation conducted. An application for a mining permit shall be made in writing on forms prescribed by the Director and shall be signed and sworn to by the applicant or his duly authorized representative. The application, in addition to other information reasonably required by the Director, shall contain the following information: (i) the common name and geologic title, where applicable, of the mineral to be extracted; (ii) a description of the land upon which the applicant proposes to conduct mining operations, setting forth the name of the county or city in which such land is located, the location of its boundaries, and any other description of the land to be disturbed necessary to allow it to be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; (iii) the name and address of the owner or owners of the surface of the land; (iv) the name and address of the owner or owners of the mineral, ore, or other solid matter; (v) the source of the operator’s legal right to enter and conduct operations on the land to be covered by the permit; (vi) the total number of acres of land to be covered by the permit; (vii) a reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year; (viii) whether any mining permit of any type is now held by the applicant, and the number of such permits; (ix) the name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; and (x) if known, whether the applicant, any subsidiary or affiliate of the applicant, any partnership, association, trust, or corporation controlled by or under common control with the applicant, or any person required to be identified by clause (ix) has ever had a mining permit of any type issued under the laws of the Commonwealth or any other state revoked or has ever had a mining or other bond, or security deposited in lieu of bond, forfeited. Clause (iv) shall not apply to the shell, container chamber, passage, or open space set forth in § 45.2-402.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274942,"text":"The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan that meets the following requirements:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":274943,"text":"Is prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in a manner acceptable to the Director;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":274944,"text":"Identifies the area corresponding with the land described in the application;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":274945,"text":"Shows adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area that lie within 100 feet of any part of the affected area;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":274946,"text":"Is drawn to a scale of 400 feet to the inch or better;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":274947,"text":"Shows the names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, gas and oil wells, and utility lines on the area affected and within 500 feet of such area;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":274948,"text":"Shows by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or the deposit to be mined, and the total number of acres involved in the area of land affected;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":274949,"text":"Shows the date on which the map was prepared, the north arrow, and the quadrangle name; and","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":274950,"text":"Shows the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge.","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"D"},"11":{"id":274951,"text":"No permit shall be issued by the Department until the Director has approved the plan of operation required in this section and § 45.2-1206 and the bond from the applicant as required in § 45.2-1208.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C8","next_prefix":"E"},"12":{"id":274952,"text":"If the operator believes that changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation that shall be reviewed for approval by the Director in the same manner as an original plan and shall be subject to the provisions of this section and §§ 45.2-1206 and 45.2-1208.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":274953,"text":"If within 10 days of the anniversary date of the permit, the Director, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by him, then the Director shall renew the permit upon payment of a renewal fee by the operator for land to be affected by the total operation in the next ensuing year according to the following schedule:\n\t\t\tAnniversary Date: Renewal Fee:\n\t\t\tBeginning July 1, 2019 $18 per disturbed acre\n\t\t\tBeginning July 1, 2020 $20 per disturbed acre\n\t\t\tBeginning July 1, 2021 $22 per disturbed acre\n\t\t\tBeginning July 1, 2022 $24 per disturbed acre\n\t\t\tThe renewal fees shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":274954,"text":"Upon receipt of a written request by any landowner on whose property a sand and gravel operation is permitted pursuant to this section, the operator of the sand and gravel operation shall provide a copy of the map, photograph, or plan to the landowner.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14081,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13016,"metadata":{},"date_created":"2026-06-26 03:46:49","date_modified":"2026-06-26 03:46:49","permalink":{"id":224425,"object_type":"structure","relational_id":14081,"identifier":"2","token":"45.2\/III\/A\/12\/2","url":"\/45.2\/III\/A\/12\/2\/","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":57389,"structure_id":14081,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","url":"\/45.2-1204\/","token":"45.2\/III\/A\/12\/2\/45.2-1204","metadata":false},{"id":76591,"structure_id":14081,"section_number":"45.2-1205","catch_line":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","url":"\/45.2-1205\/","token":"45.2\/III\/A\/12\/2\/45.2-1205","metadata":false},{"id":66753,"structure_id":14081,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","url":"\/45.2-1206\/","token":"45.2\/III\/A\/12\/2\/45.2-1206","metadata":false},{"id":79925,"structure_id":14081,"section_number":"45.2-1207","catch_line":" Special Reclamation Fund","url":"\/45.2-1207\/","token":"45.2\/III\/A\/12\/2\/45.2-1207","metadata":false},{"id":67921,"structure_id":14081,"section_number":"45.2-1208","catch_line":" Bond of operator","url":"\/45.2-1208\/","token":"45.2\/III\/A\/12\/2\/45.2-1208","metadata":false},{"id":74570,"structure_id":14081,"section_number":"45.2-1209","catch_line":" Review of operations plan and reclamation provision by Director; issuance of permit","url":"\/45.2-1209\/","token":"45.2\/III\/A\/12\/2\/45.2-1209","metadata":false},{"id":59664,"structure_id":14081,"section_number":"45.2-1210","catch_line":" Application for permit; adjoining landowners; local official","url":"\/45.2-1210\/","token":"45.2\/III\/A\/12\/2\/45.2-1210","metadata":false},{"id":87330,"structure_id":14081,"section_number":"45.2-1211","catch_line":" Succession of one operator by another at uncompleted project","url":"\/45.2-1211\/","token":"45.2\/III\/A\/12\/2\/45.2-1211","metadata":false},{"id":79992,"structure_id":14081,"section_number":"45.2-1212","catch_line":" Additional bond to be posted annually; release of previous bond; report of reclamation work","url":"\/45.2-1212\/","token":"45.2\/III\/A\/12\/2\/45.2-1212","metadata":false},{"id":76291,"structure_id":14081,"section_number":"45.2-1213","catch_line":" Notice of noncompliance served on operator","url":"\/45.2-1213\/","token":"45.2\/III\/A\/12\/2\/45.2-1213","metadata":false},{"id":71516,"structure_id":14081,"section_number":"45.2-1214","catch_line":" Collection of debts","url":"\/45.2-1214\/","token":"45.2\/III\/A\/12\/2\/45.2-1214","metadata":false},{"id":74309,"structure_id":14081,"section_number":"45.2-1215","catch_line":" Commonwealth to have lien for reclamation work","url":"\/45.2-1215\/","token":"45.2\/III\/A\/12\/2\/45.2-1215","metadata":false},{"id":56748,"structure_id":14081,"section_number":"45.2-1216","catch_line":" Perfection of lien; waiver of lien","url":"\/45.2-1216\/","token":"45.2\/III\/A\/12\/2\/45.2-1216","metadata":false},{"id":80040,"structure_id":14081,"section_number":"45.2-1217","catch_line":" Recordation and indexing of lien; notice","url":"\/45.2-1217\/","token":"45.2\/III\/A\/12\/2\/45.2-1217","metadata":false},{"id":56293,"structure_id":14081,"section_number":"45.2-1218","catch_line":" Priority of lien","url":"\/45.2-1218\/","token":"45.2\/III\/A\/12\/2\/45.2-1218","metadata":false},{"id":55327,"structure_id":14081,"section_number":"45.2-1219","catch_line":" Hearing to determine amount of lien","url":"\/45.2-1219\/","token":"45.2\/III\/A\/12\/2\/45.2-1219","metadata":false},{"id":63524,"structure_id":14081,"section_number":"45.2-1220","catch_line":" Satisfaction of lien","url":"\/45.2-1220\/","token":"45.2\/III\/A\/12\/2\/45.2-1220","metadata":false},{"id":71624,"structure_id":14081,"section_number":"45.2-1221","catch_line":" Additional bond to cover amended estimate of land to be disturbed","url":"\/45.2-1221\/","token":"45.2\/III\/A\/12\/2\/45.2-1221","metadata":false},{"id":55202,"structure_id":14081,"section_number":"45.2-1222","catch_line":" Interference with reclamation unlawful; other mining operations on land","url":"\/45.2-1222\/","token":"45.2\/III\/A\/12\/2\/45.2-1222","metadata":false},{"id":77225,"structure_id":14081,"section_number":"45.2-1223","catch_line":" Penalty for violation of chapter, etc","url":"\/45.2-1223\/","token":"45.2\/III\/A\/12\/2\/45.2-1223","metadata":false},{"id":65319,"structure_id":14081,"section_number":"45.2-1224","catch_line":" Assistance of federal, state, and local agencies","url":"\/45.2-1224\/","token":"45.2\/III\/A\/12\/2\/45.2-1224","metadata":false},{"id":75634,"structure_id":14081,"section_number":"45.2-1225","catch_line":" Injunction prohibiting mining operation","url":"\/45.2-1225\/","token":"45.2\/III\/A\/12\/2\/45.2-1225","metadata":false},{"id":66111,"structure_id":14081,"section_number":"45.2-1226","catch_line":" Appeals from decisions of the Department","url":"\/45.2-1226\/","token":"45.2\/III\/A\/12\/2\/45.2-1226","metadata":false},{"id":63526,"structure_id":14081,"section_number":"45.2-1227","catch_line":" Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter","url":"\/45.2-1227\/","token":"45.2\/III\/A\/12\/2\/45.2-1227","metadata":false}],"previous_section":{"id":57389,"structure_id":14081,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","url":"\/45.2-1204\/","token":"45.2\/III\/A\/12\/2\/45.2-1204","metadata":false},"next_section":{"id":66753,"structure_id":14081,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","url":"\/45.2-1206\/","token":"45.2\/III\/A\/12\/2\/45.2-1206","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1205\/","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 8 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 1983, chapter 322; in 1996, chapters 648<\/a> and 659<\/a>; in 2003, chapters 542<\/a> and 550<\/a>; in 2012, chapter 695<\/a>; in 2019, chapter 538<\/a>.<\/p>","references":[{"id":81599,"section_number":"45.2-1203","catch_line":"Exemption for restricted mining","order_by":null,"url":"\/45.2-1203\/"},{"id":57389,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","order_by":null,"url":"\/45.2-1204\/"}],"refers_to":[{"id":57389,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","order_by":null,"url":"\/45.2-1204\/"},{"id":66753,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","order_by":null,"url":"\/45.2-1206\/"}],"permalink":{"id":224431,"object_type":"law","relational_id":76591,"identifier":"45.2-1205","token":"45.2\/III\/A\/12\/2\/45.2-1205","url":"\/45.2-1205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1205\/","token":"45.2\/III\/A\/12\/2\/45.2-1205","dublin_core":{"Title":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any operator<\/span> to engage in any mining operation<\/span> in the Commonwealth without first obtaining from the Department<\/span> a permit to engage in such operation and paying a permit fee of $50 per acre for every acre of land to be affected by the total operation for which plans have been submitted. Such permit fee shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204<\/a>. A permit shall be obtained prior to the start of any mining operation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A separate permit shall be secured for each mining operation<\/span> conducted. An application for a mining permit shall be made in writing on forms prescribed by the Director<\/span> and shall be signed and sworn to by the applicant or his duly authorized representative. The application, in addition to other information reasonably required by the Director<\/span>, shall contain the following information: (i) the common name and geologic title, where applicable, of the mineral<\/span> to be extracted; (ii) a description of the land upon which the applicant proposes to conduct mining operations<\/span>, setting forth the name of the county or city in which such land is located, the location of its boundaries, and any other description of the land to be disturbed necessary to allow it to be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; (iii) the name and address of the owner or owners of the surface of the land; (iv) the name and address of the owner or owners of the mineral<\/span>, ore, or other solid matter; (v) the source of the operator<\/span>’s legal right to enter and conduct operations on the land to be covered by the permit; (vi) the total number of acres of land to be covered by the permit; (vii) a reasonable estimate of the number of acres of land that will be disturbed by mining operations<\/span> on the area to be covered by the permit during the ensuing year; (viii) whether any mining permit of any type is now held by the applicant, and the number of such permits; (ix) the name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; and (x) if known, whether the applicant, any subsidiary or affiliate of the applicant, any partnership, association, trust, or corporation controlled by or under common control with the applicant, or any person required to be identified by clause (ix) has ever had a mining permit of any type issued under the laws<\/span> of the Commonwealth or any other state revoked or has ever had a mining or other bond<\/span>, or security deposited in lieu of bond<\/span>, forfeited. Clause (iv) shall not apply to the shell, container chamber, passage, or open space set forth in § 45.2-402<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan that meets the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in a manner acceptable to the Director<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Identifies the area corresponding with the land described in the application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Shows adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area that lie within 100 feet of any part of the affected area; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is drawn to a scale of 400 feet to the inch or better; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Shows the names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, gas and oil wells, and utility lines on the area affected and within 500 feet of such area; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Shows by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or the deposit to be mined, and the total number of acres involved in the area of land affected; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Shows the date on which the map was prepared, the north arrow, and the quadrangle name; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Shows the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No permit shall be issued by the Department<\/span> until the Director<\/span> has approved the plan of operation required in this section and § 45.2-1206<\/a> and the bond<\/span> from the applicant as required in § 45.2-1208<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the operator<\/span> believes that changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation that shall be reviewed for approval by the Director<\/span> in the same manner as an original plan and shall be subject to the provisions of this section and §§ 45.2-1206<\/a> and 45.2-1208<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If within 10 days of the anniversary date of the permit, the Director<\/span>, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by him, then the Director<\/span> shall renew the permit upon payment of a renewal fee by the operator<\/span> for land to be affected by the total operation in the next ensuing year according to the following schedule:\n\t\t\tAnniversary Date: Renewal Fee:\n\t\t\tBeginning July 1, 2019 $18 per disturbed acre\n\t\t\tBeginning July 1, 2020 $20 per disturbed acre\n\t\t\tBeginning July 1, 2021 $22 per disturbed acre\n\t\t\tBeginning July 1, 2022 $24 per disturbed acre\n\t\t\tThe renewal fees shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon receipt of a written request by any landowner on whose property a sand and gravel operation is permitted pursuant to this section, the operator<\/span> of the sand and gravel operation shall provide a copy of the map, photograph, or plan to the landowner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PERMIT REQUIRED; FEE; RENEWAL FEE; APPLICATION; FURNISHING COPY OF MAP, ETC.,\nTO LANDOWNER; APPROVAL BY DEPARTMENT (\u00a7 45.2-1205)\n\nA. It is unlawful for any operator to engage in any mining operation in the\nCommonwealth without first obtaining from the Department a permit to engage in\nsuch operation and paying a permit fee of $50 per acre for every acre of land to\nbe affected by the total operation for which plans have been submitted. Such\npermit fee shall be deposited in the Permit Fee Fund pursuant to §\n45.2-1204. A permit shall be obtained prior to the start of any mining\noperation.\n\nB. A separate permit shall be secured for each mining operation conducted. An\napplication for a mining permit shall be made in writing on forms prescribed by\nthe Director and shall be signed and sworn to by the applicant or his duly\nauthorized representative. The application, in addition to other information\nreasonably required by the Director, shall contain the following information:\n(i) the common name and geologic title, where applicable, of the mineral to be\nextracted; (ii) a description of the land upon which the applicant proposes to\nconduct mining operations, setting forth the name of the county or city in which\nsuch land is located, the location of its boundaries, and any other description\nof the land to be disturbed necessary to allow it to be located and\ndistinguished from other lands and easily ascertainable as shown by a map\nattached thereto showing the amount of land to be disturbed; (iii) the name and\naddress of the owner or owners of the surface of the land; (iv) the name and\naddress of the owner or owners of the mineral, ore, or other solid matter; (v)\nthe source of the operator’s legal right to enter and conduct operations\non the land to be covered by the permit; (vi) the total number of acres of land\nto be covered by the permit; (vii) a reasonable estimate of the number of acres\nof land that will be disturbed by mining operations on the area to be covered by\nthe permit during the ensuing year; (viii) whether any mining permit of any type\nis now held by the applicant, and the number of such permits; (ix) the name and\naddress of the applicant, if an individual; the names and addresses of all\npartners, if a partnership; the state of incorporation and the name and address\nof its registered agent, if a corporation; or the name and address of the\ntrustee, if a trust; and (x) if known, whether the applicant, any subsidiary or\naffiliate of the applicant, any partnership, association, trust, or corporation\ncontrolled by or under common control with the applicant, or any person required\nto be identified by clause (ix) has ever had a mining permit of any type issued\nunder the laws of the Commonwealth or any other state revoked or has ever had a\nmining or other bond, or security deposited in lieu of bond, forfeited. Clause\n(iv) shall not apply to the shell, container chamber, passage, or open space set\nforth in § 45.2-402.\n\nC. The application for a permit shall be accompanied by two copies of an\naccurate map or aerial photograph or plan that meets the following requirements:\n\n 1. Is prepared by a licensed engineer or licensed land surveyor or issued by a\n standard mapping service or in a manner acceptable to the Director;\n\n 2. Identifies the area corresponding with the land described in the\n application;\n\n 3. Shows adjacent deep mining, if any, and the boundaries of surface\n properties, with the names of owners of the affected area that lie within 100\n feet of any part of the affected area;\n\n 4. Is drawn to a scale of 400 feet to the inch or better;\n\n 5. Shows the names and locations of all streams, creeks, or other bodies of\n public water, roads, buildings, cemeteries, gas and oil wells, and utility\n lines on the area affected and within 500 feet of such area;\n\n 6. Shows by appropriate markings the boundaries of the area of land affected,\n the outcrop of the seam at the surface or the deposit to be mined, and the\n total number of acres involved in the area of land affected;\n\n 7. Shows the date on which the map was prepared, the north arrow, and the\n quadrangle name; and\n\n 8. Shows the drainage plan on and away from the area of land affected,\n including the directional flow of water, constructed drainways, natural\n waterways used for drainage, and the streams or tributaries receiving the\n discharge.\n\nD. No permit shall be issued by the Department until the Director has approved\nthe plan of operation required in this section and § 45.2-1206 and the bond\nfrom the applicant as required in § 45.2-1208.\n\nE. If the operator believes that changes in his original plan are necessary or\nif additional land not shown as a part of the approved plan of operation is to\nbe disturbed, he shall submit an amended plan of operation that shall be\nreviewed for approval by the Director in the same manner as an original plan and\nshall be subject to the provisions of this section and §§ 45.2-1206\nand 45.2-1208.\n\nF. If within 10 days of the anniversary date of the permit, the Director, after\ninspection, is satisfied that the operation is proceeding according to the plan\nsubmitted to and approved by him, then the Director shall renew the permit upon\npayment of a renewal fee by the operator for land to be affected by the total\noperation in the next ensuing year according to the following schedule:\n\t\t\tAnniversary Date: Renewal Fee:\n\t\t\tBeginning July 1, 2019 $18 per disturbed acre\n\t\t\tBeginning July 1, 2020 $20 per disturbed acre\n\t\t\tBeginning July 1, 2021 $22 per disturbed acre\n\t\t\tBeginning July 1, 2022 $24 per disturbed acre\n\t\t\tThe renewal fees shall be deposited in the Permit Fee Fund pursuant to §\n45.2-1204.\n\nG. Upon receipt of a written request by any landowner on whose property a sand\nand gravel operation is permitted pursuant to this section, the operator of the\nsand and gravel operation shall provide a copy of the map, photograph, or plan\nto the landowner.\n\nHISTORY: 1968, c. 734, \u00a7 45.1-181; 1972, c. 206; 1974, c. 312; 1977, c. 312;\n1983, c. 322; 1996, cc. 648, 659; 2003, cc. 542, 550; 2012, c. 695; 2019, c.\n538; 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}}