{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1206.html"}],"law_id":66753,"edition_id":1,"section_id":66753,"structure_id":14081,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","history":"1977, c. 312, \u00a7 45.1-182.1; 1984, c. 590; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nEach application for a permit shall be accompanied by an operations plan that follows the form and contains the accompanying material that the Director requires. The operations plan shall describe the specifications for surface grading and restoration, including sketches delineating placement of spoil, stockpiles, and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed.B\n\nThe operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall follow the form and contain the accompanying material that the Director requires and shall state:1\n\nThe planned use to which the affected land is to be returned through reclamation; and2\n\nThe proposed actions to ensure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The Director shall set schedules for the integration of reclamation with the mining operation according to the various individual mineral types.C\n\nIt is the policy of the Director to encourage adoption of productive land use, such as use for pasture, agricultural purposes, recreational areas, sanitary landfills, forestry and timberland operations, and industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The Director may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstance or event.","order_by":null,"text":{"0":{"id":242095,"text":"Each application for a permit shall be accompanied by an operations plan that follows the form and contains the accompanying material that the Director requires. The operations plan shall describe the specifications for surface grading and restoration, including sketches delineating placement of spoil, stockpiles, and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242096,"text":"The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall follow the form and contain the accompanying material that the Director requires and shall state:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":242097,"text":"The planned use to which the affected land is to be returned through reclamation; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":242098,"text":"The proposed actions to ensure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The Director shall set schedules for the integration of reclamation with the mining operation according to the various individual mineral types.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":242099,"text":"It is the policy of the Director to encourage adoption of productive land use, such as use for pasture, agricultural purposes, recreational areas, sanitary landfills, forestry and timberland operations, and industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The Director may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstance or event.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1206\/","history_text":"<p>This law was first created in 1977. The record of its establishment is cataloged in chapter 312 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 1977 \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":81599,"section_number":"45.2-1203","catch_line":"Exemption for restricted mining","order_by":null,"url":"\/45.2-1203\/"},{"id":76591,"section_number":"45.2-1205","catch_line":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","order_by":null,"url":"\/45.2-1205\/"}],"refers_to":false,"permalink":{"id":224435,"object_type":"law","relational_id":66753,"identifier":"45.2-1206","token":"45.2\/III\/A\/12\/2\/45.2-1206","url":"\/45.2-1206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1206\/","token":"45.2\/III\/A\/12\/2\/45.2-1206","dublin_core":{"Title":" Operations plan; reclamation; policy of Director","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Each application for a permit shall be accompanied by an operations plan that follows the form and contains the accompanying <span class=\"dictionary\">material<\/span> that the <span class=\"dictionary\">Director<\/span> requires. The operations plan shall describe the specifications for surface grading and restoration, including sketches delineating placement of <span class=\"dictionary\">spoil<\/span>, stockpiles, and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after <span class=\"dictionary\">reclamation<\/span> is completed. <a id=\"paragraph-242095\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1206\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The operations plan shall include a provision for <span class=\"dictionary\">reclamation<\/span> of all land estimated to be affected by the <span class=\"dictionary\">mining operation<\/span> for which the permit is sought. The <span class=\"dictionary\">reclamation<\/span> provision shall follow the form and contain the accompanying <span class=\"dictionary\">material<\/span> that the <span class=\"dictionary\">Director<\/span> requires and shall state: <a id=\"paragraph-242096\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1206\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The planned use to which the affected land is to be returned through <span class=\"dictionary\">reclamation<\/span>; and <a id=\"paragraph-242097\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1206\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The proposed actions to ensure suitable <span class=\"dictionary\">reclamation<\/span> of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed <span class=\"dictionary\">mining operation<\/span> and to be conducted simultaneously insofar as practicable. The <span class=\"dictionary\">Director<\/span> shall set <span class=\"dictionary\">schedules<\/span> for the integration of <span class=\"dictionary\">reclamation<\/span> with the <span class=\"dictionary\">mining operation<\/span> according to the various individual <span class=\"dictionary\">mineral<\/span> types. <a id=\"paragraph-242098\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1206\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> It is the policy of the <span class=\"dictionary\">Director<\/span> to encourage adoption of productive land use, such as use for pasture, agricultural purposes, recreational areas, sanitary landfills, forestry and timberland operations, and industrial and building sites, and to consider the general original contour in determining the particular <span class=\"dictionary\">reclamation<\/span> program for the acreage. The <span class=\"dictionary\">Director<\/span> may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstance or event. <a id=\"paragraph-242099\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1206\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n OPERATIONS PLAN; RECLAMATION; POLICY OF DIRECTOR (\u00a7 45.2-1206)\n\nA. Each application for a permit shall be accompanied by an operations plan that\nfollows the form and contains the accompanying material that the Director\nrequires. The operations plan shall describe the specifications for surface\ngrading and restoration, including sketches delineating placement of spoil,\nstockpiles, and tailing ponds, to a surface that is suitable for the proposed\nsubsequent use of the land after reclamation is completed.\n\nB. The operations plan shall include a provision for reclamation of all land\nestimated to be affected by the mining operation for which the permit is sought.\nThe reclamation provision shall follow the form and contain the accompanying\nmaterial that the Director requires and shall state:\n\n   1. The planned use to which the affected land is to be returned through\n   reclamation; and\n\n   2. The proposed actions to ensure suitable reclamation of the affected land\n   for the planned use to be carried out by the applicant as an integral part of\n   the proposed mining operation and to be conducted simultaneously insofar as\n   practicable. The Director shall set schedules for the integration of\n   reclamation with the mining operation according to the various individual\n   mineral types.\n\nC. It is the policy of the Director to encourage adoption of productive land\nuse, such as use for pasture, agricultural purposes, recreational areas,\nsanitary landfills, forestry and timberland operations, and industrial and\nbuilding sites, and to consider the general original contour in determining the\nparticular reclamation program for the acreage. The Director may require an\namendment to the operations plan to meet the exigencies of any unanticipated\ncircumstance or event.\n\nHISTORY: 1977, c. 312, \u00a7 45.1-182.1; 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}}