{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1301.html"}],"law_id":72308,"edition_id":1,"section_id":72308,"structure_id":16603,"section_number":"45.2-1301","catch_line":" Dams and mine refuse piles; construction","history":"1997, c. 390, \u00a7 45.1-225.1; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny water-retaining or silt-retaining dam or mine refuse pile or modification of an existing water-retaining or silt-retaining dam or mine refuse pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water or silt to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume.B\n\nDesigns, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt-retaining dam or mine refuse pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent.C\n\nThe designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director. If the Director approves the submittal, he shall notify the licensed operator in writing. If the Director disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director shall approve or disapprove the submittal within 30 days following receipt thereof.","order_by":null,"text":{"0":{"id":260458,"text":"Any water-retaining or silt-retaining dam or mine refuse pile or modification of an existing water-retaining or silt-retaining dam or mine refuse pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water or silt to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260459,"text":"Designs, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt-retaining dam or mine refuse pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260460,"text":"The designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director. If the Director approves the submittal, he shall notify the licensed operator in writing. If the Director disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director shall approve or disapprove the submittal within 30 days following receipt thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16603,"edition_id":1,"name":"Mineral Mining Retaining Dams and Refuse Piles","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":16296,"metadata":{},"date_created":"2026-06-26 04:26:42","date_modified":"2026-06-26 04:26:42","permalink":{"id":224593,"object_type":"structure","relational_id":16603,"identifier":"1","token":"45.2\/III\/A\/13\/1","url":"\/45.2\/III\/A\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":16296,"edition_id":1,"name":"Mineral Mining Retaining Dams; Adjacent Owners","identifier":"13","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 04:12:54","date_modified":"2026-06-26 04:12:54","permalink":{"id":224591,"object_type":"structure","relational_id":16296,"identifier":"13","token":"45.2\/III\/A\/13","url":"\/45.2\/III\/A\/13\/","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":77734,"structure_id":16603,"section_number":"45.2-1300","catch_line":" Definitions","url":"\/45.2-1300\/","token":"45.2\/III\/A\/13\/1\/45.2-1300","metadata":false},{"id":72308,"structure_id":16603,"section_number":"45.2-1301","catch_line":" Dams and mine refuse piles; construction","url":"\/45.2-1301\/","token":"45.2\/III\/A\/13\/1\/45.2-1301","metadata":false},{"id":81350,"structure_id":16603,"section_number":"45.2-1302","catch_line":" Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators","url":"\/45.2-1302\/","token":"45.2\/III\/A\/13\/1\/45.2-1302","metadata":false}],"previous_section":{"id":77734,"structure_id":16603,"section_number":"45.2-1300","catch_line":" Definitions","url":"\/45.2-1300\/","token":"45.2\/III\/A\/13\/1\/45.2-1300","metadata":false},"next_section":{"id":81350,"structure_id":16603,"section_number":"45.2-1302","catch_line":" Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators","url":"\/45.2-1302\/","token":"45.2\/III\/A\/13\/1\/45.2-1302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1301\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 390<\/a> 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. 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 1998, chapter 695<\/a>.<\/p>","references":[{"id":58286,"section_number":"10.1-604","catch_line":" Definitions","order_by":null,"url":"\/10.1-604\/"}],"refers_to":false,"permalink":{"id":224599,"object_type":"law","relational_id":72308,"identifier":"45.2-1301","token":"45.2\/III\/A\/13\/1\/45.2-1301","url":"\/45.2-1301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1301\/","token":"45.2\/III\/A\/13\/1\/45.2-1301","dublin_core":{"Title":" Dams and mine refuse piles; construction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any water-retaining or silt<\/span>-retaining dam or mine refuse<\/span> pile or modification of an existing water-retaining or silt<\/span>-retaining dam or mine refuse<\/span> pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water<\/span> or silt<\/span> to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Designs, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt<\/span>-retaining dam or mine refuse<\/span> pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director<\/span>. If the Director<\/span> approves the submittal, he shall notify the licensed operator in writing. If the Director<\/span> disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director<\/span> shall approve or disapprove the submittal within 30 days following receipt thereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DAMS AND MINE REFUSE PILES; CONSTRUCTION (\u00a7 45.2-1301)\n\nA. Any water-retaining or silt-retaining dam or mine refuse pile or modification\nof an existing water-retaining or silt-retaining dam or mine refuse pile shall\nbe designed and constructed by or under the direction of a qualified engineer if\nsuch dam or pile is designed to impound water or silt to a height of (i) five\nfeet or more above the lowest natural ground level within the impounded area and\nhas a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless\nof storage volume.\n\nB. Designs, construction specifications, and other related data, including final\nabandonment plans, for a water-retaining or silt-retaining dam or mine refuse\npile shall be approved and certified by the qualified engineer as specified in\nsubsection A and by the licensed operator or his agent.\n\nC. The designs, construction specifications, and other related data approved and\ncertified in accordance with subsection B shall be submitted for approval to the\nDirector. If the Director approves the submittal, he shall notify the licensed\noperator in writing. If the Director disapproves the submittal, he shall notify\nthe licensed operator with his written objections and required amendments. The\nDirector shall approve or disapprove the submittal within 30 days following\nreceipt thereof.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-225.1; 1998, c. 695; 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}}