{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1209.html"}],"law_id":74570,"edition_id":1,"section_id":74570,"structure_id":14081,"section_number":"45.2-1209","catch_line":" Review of operations plan and reclamation provision by Director; issuance of permit","history":"1968, c. 734, \u00a7 45.1-184; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nUpon receipt of an operations plan acceptable to the Director and bond as required by this article, the Director shall review the plan. If the Director approves the plan, he shall issue a permit. If the Director disapproves the plan, he shall furnish the applicant with his written objections thereto and his required amendments. Until the applicant amends his operations plan to meet the Director’s reasonable objections and files a satisfactory amended plan with the Director, no permit shall be issued.B\n\nIn reviewing the operations plan, if the Director finds that the operation will constitute a hazard to the public safety or welfare, or that a reasonable degree of reclamation or proper drainage control is not feasible, he may disapprove the permit application. However, the Director may approve the permit after deleting the areas from the permit application that he holds in his findings to be objectionable.C\n\nThe Director shall issue the permit unless he finds that the applicant has had control or has had common control with a person, partnership, association, trust, or corporation that has had a mining permit revoked or bond or other security forfeited for failure to reclaim lands as required by law, in which event no permit shall be issued. However, if an operator who forfeited a bond pays, within 30 days of notice and demand by the Director, the cost of reclamation in excess of the amount of the forfeited bond, or if any bond is forfeited and the amount forfeited is equal to or greater than the cost of reclamation, such operator shall then become eligible for another permit.","order_by":null,"text":{"0":{"id":267990,"text":"Upon receipt of an operations plan acceptable to the Director and bond as required by this article, the Director shall review the plan. If the Director approves the plan, he shall issue a permit. If the Director disapproves the plan, he shall furnish the applicant with his written objections thereto and his required amendments. Until the applicant amends his operations plan to meet the Director’s reasonable objections and files a satisfactory amended plan with the Director, no permit shall be issued.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267991,"text":"In reviewing the operations plan, if the Director finds that the operation will constitute a hazard to the public safety or welfare, or that a reasonable degree of reclamation or proper drainage control is not feasible, he may disapprove the permit application. However, the Director may approve the permit after deleting the areas from the permit application that he holds in his findings to be objectionable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267992,"text":"The Director shall issue the permit unless he finds that the applicant has had control or has had common control with a person, partnership, association, trust, or corporation that has had a mining permit revoked or bond or other security forfeited for failure to reclaim lands as required by law, in which event no permit shall be issued. However, if an operator who forfeited a bond pays, within 30 days of notice and demand by the Director, the cost of reclamation in excess of the amount of the forfeited bond, or if any bond is forfeited and the amount forfeited is equal to or greater than the cost of reclamation, such operator shall then become eligible for another permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1209\/","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 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 1974, chapter 312; in 1977, chapter 312.<\/p>","references":false,"refers_to":false,"permalink":{"id":224447,"object_type":"law","relational_id":74570,"identifier":"45.2-1209","token":"45.2\/III\/A\/12\/2\/45.2-1209","url":"\/45.2-1209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1209\/","token":"45.2\/III\/A\/12\/2\/45.2-1209","dublin_core":{"Title":" Review of operations plan and reclamation provision by Director; issuance of permit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receipt of an operations plan acceptable to the Director<\/span> and bond<\/span> as required by this article, the Director<\/span> shall review the plan. If the Director<\/span> approves the plan, he shall issue<\/span> a permit. If the Director<\/span> disapproves the plan, he shall furnish the applicant with his written objections thereto and his required amendments. Until the applicant amends<\/span> his operations plan to meet the Director<\/span>’s reasonable objections and files a satisfactory amended plan with the Director<\/span>, no permit shall be issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In reviewing the operations plan, if the Director<\/span> finds that the operation will constitute a hazard to the public safety or welfare, or that a reasonable degree of reclamation<\/span> or proper drainage control is not feasible, he may disapprove the permit application. However, the Director<\/span> may approve the permit after deleting the areas from the permit application that he holds in his findings<\/span> to be objectionable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Director<\/span> shall issue<\/span> the permit unless he finds that the applicant has had control or has had common control with a person, partnership, association, trust, or corporation that has had a mining<\/span> permit revoked or bond<\/span> or other security forfeited for failure to reclaim lands as required by law<\/span>, in which event no permit shall be issued. However, if an operator<\/span> who forfeited a bond<\/span> pays, within 30 days of notice and demand by the Director<\/span>, the cost of reclamation<\/span> in excess of the amount of the forfeited bond<\/span>, or if any bond<\/span> is forfeited and the amount forfeited is equal to or greater than the cost of reclamation<\/span>, such operator<\/span> shall then become eligible for another permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n REVIEW OF OPERATIONS PLAN AND RECLAMATION PROVISION BY DIRECTOR; ISSUANCE OF\nPERMIT (\u00a7 45.2-1209)\n\nA. Upon receipt of an operations plan acceptable to the Director and bond as\nrequired by this article, the Director shall review the plan. If the Director\napproves the plan, he shall issue a permit. If the Director disapproves the\nplan, he shall furnish the applicant with his written objections thereto and his\nrequired amendments. Until the applicant amends his operations plan to meet the\nDirector’s reasonable objections and files a satisfactory amended plan\nwith the Director, no permit shall be issued.\n\nB. In reviewing the operations plan, if the Director finds that the operation\nwill constitute a hazard to the public safety or welfare, or that a reasonable\ndegree of reclamation or proper drainage control is not feasible, he may\ndisapprove the permit application. However, the Director may approve the permit\nafter deleting the areas from the permit application that he holds in his\nfindings to be objectionable.\n\nC. The Director shall issue the permit unless he finds that the applicant has\nhad control or has had common control with a person, partnership, association,\ntrust, or corporation that has had a mining permit revoked or bond or other\nsecurity forfeited for failure to reclaim lands as required by law, in which\nevent no permit shall be issued. However, if an operator who forfeited a bond\npays, within 30 days of notice and demand by the Director, the cost of\nreclamation in excess of the amount of the forfeited bond, or if any bond is\nforfeited and the amount forfeited is equal to or greater than the cost of\nreclamation, such operator shall then become eligible for another permit.\n\nHISTORY: 1968, c. 734, \u00a7 45.1-184; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess.\nI, 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}}